Bond Hearings in South Carolina

by Alex Kornfeld

Criminal LawApril 9, 20130 comments 0 Likes

Greenville, South Carolina Bond Hearing Lawyer

If a person has been charged with a crime and is currently in jail, that person most likely appeared before a Judge and that Judge either set bond or denied bond entirely.  In either case, that person is entitled to one bond hearing.

You can be represented by a Criminal Defense Attorney when appearing in South Carolina Bond Court. At the hearing, the Court must make a decision whether bond is appropriate, whether to decrease the bond, or, in some rare instances, whether the bond should be increased.

The Court will consider two issues;

(1)      the Defendant’s flight risk and;

(2)      the Defendant’s threat to the community.

(1) When determining flight risk the Court will generally consider the ties the accused has to the community, ties the accused may have outside of the community, resources, and any factor that may affect the accused’s ability to appear should the bond be reduced.

(2) The Court generally reviews the allegations against the accused, whether the crime is violent, whether there is a strong possibility that a victim will be harmed should the accused be released, and the accused’s prior record.

A bond hearing is a serious proceeding in which an attorney must take the appropriate time to prepare.  You should know that bond hearings do not happen every day, and if you or the accused is faced with a bond that is not attainable, the time to hire an attorney is sooner rather than later.  In Greenville County, South Carolina the Defendant’s lawyer must request, receive, and review initial discovery prior to filing a motion for bond reduction unless the Defendant is being held without bond.

Motion for Bond Reconsideration

If the accused has already had a bond hearing in connection with the accused charges, the accused can request a reconsideration if there is a considerable change in circumstances.  In most cases, there is not a considerable change in circumstances.

Bond Defined and Types of Bond

Bond is a restraint the Courts put on a Defendant to insure the Defendant will make all required appearances.  There are three common bonds.  They are the personal recognizance bond, the surety bond, and the property bond.

The personal recognizance bond, or PR bond, is a bond in which nothing is held by the Court or a bondsman.  The Defendant’s word and signature stating that the Defendant will make all appearances is all that is required.

The surety bond is the bond in which a monetary bond is required.  A Defendant, or someone on Defendant’s behalf, can tender an amount to the Court for bond or hire a bondsman.  A bondsman will require significantly less to bond the Defendant out of jail than the actual bond.

A surety bond in which property is put up as collateral will hold the bond when a party who has property in the County (or jurisdiction) in which the Defendant is charged puts the property up as a surety against the Defendant’s flight risk.

A cash bond is an amount the Defendant puts up for collateral and is held to insure that the Defendant makes all required Court appearances.  If the Defendant fails to appear, his bond may be terminated and the bond may be forfeited.

Alex Kornfeld is a Criminal Defense lawyer in Greenville, South Carolina.  He primarily practices law in the area of criminal defense, family law, and small business law. You can contact him at 864-335-9990 or alex@alexkornfeld.com   This article is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of an attorney/client relationship.