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Bond Hearings

Charleston, SC Bond Hearing Attorney
Dale Savage Law Firm, LLC > Bond Hearings

Charleston Bond Hearing Lawyer

 

After an arrest, an accused is entitled to have a bond hearing in front of a judge. Charleston criminal defense attorney Dale Savage can assist you in the entire bond process, presenting the available facts and evidence that the court will consider in making its decision of whether to set bail and how much or deny bail.  Call today at (843) 530-7813 or e-mail me to set up a confidential and free consultation.

 

What bonds can a magistrate judge set?

A magistrate may set bail to a person charged with an offense that is not punishable by death or life imprisonment life; provided, however, with respect to violent offenses as defined by Section 16-1-60, magistrates may deny bail giving due weight to the evidence and to the nature and circumstances of the event, including, but not limited to, any charges pending against the person requesting bail. See §22-5-510 (A)

 

When do you get a bond?

A bond hearing is usually set within 24 hours of the arrest and the person must be released within a reasonable time after the bond is delivered to the jail. See §22-5-510 (B).  Click here to see the schedule for Bond Hearing court schedule.

 

What must be provided to the court?

Prior to the bond hearing the court must be provided:

  1. The persons criminal record;
  2. Any charges pending against the person;
  3. All incident reports generated as a result of the offense charged; and
  4. Any other information that will assist the court in determining bail. See §22-5-510 (C)

 

Issues to be considered at a bond hearing

The law changed recently (April, 7, 2014 Bill S19) regarding what issues are to be considered on release at a bond hearing (§17-15-30).  Originally there were only two factors:

 

1) Danger to the community and;

2) a persons risk of flight.

 

Now the court may consider the nature and circumstances of an offense charged and an accused’s:

  1. Family ties;
  2. Employment;
  3. Financial resources;
  4. Character and mental condition;
  5. Length of residence in the community;
  6. Record of convictions; and
  7. Record of flight to avoid prosecution or failure to appear at other court proceedings.

 

The court shall (must) consider :

  1. A persons criminal record;
  2. Any charges pending against a person at the time release is requested;
  3. All incident reports generated as a result of an offense charged;
  4. Whether an accused is an alien unlawfully present in the U.S. and poses a substantial flight risk due to his/her status; and
  5. Whether the person charged appears in the state gang database maintained at the State Law Enforcement Division (added in 2014)

 

Before or at the time of a bond hearing, the arresting law enforcement agency must provide the court with the following information:

  1. A person’s criminal record;
  2. Any charges pending against a person at the time release is requested;
  3. All incident reports generated as a result of the offense charged; and
  4. Any other information that will assist the court in determining conditions of release.

 

Failure on the part of the law enforcement agency to provide the court with the information does not constitute grounds for the postponement or delay of the person’s hearing.

 

Bond revocations

When a person commits a subsequent violent crime while on bond  for a previous violent crime:

  • The bond hearing must be held in the circuit court within 30 days;

 

Accordingly:

  • If the court finds that certain conditions of release on bond will ensure that the person is unlikely to flee or pose a danger to any other person or the community and the person will abide by the terms of release on bond, the judge shall consider bond in accordance with the provisions of 17-15-30 and set or amend bond accordingly; or
  • If the court finds no such conditions will ensure that the person is unlikely to flee or not pose a danger to the community, the court shall not set a bond for the instant offense and must revoke all previously set bonds.

Frequently Asked Questions

What is a Bond Reconsideration?

Once a Circuit Court Judge has heard and ruled upon a defense motion to reconsider bond set by the lower court, the defense can still file a motion to reconsider ONLY upon the defendant’s showing a material change in circumstances which relate to the factors provided in §17-15-55, and that have arisen since the prior motion to reconsider.

A Motion ot reconsider can also be heard based on time alone but only after 6 months.

What are the types of bond?

Below is a list of the types of bail that can be set by a judge:

Personal Recognizance (PR)
This type of bond orders that a person be released pending trial without an amount of surety specified by the court.  Simply stated, you are released from custody without having to post any money.  However, you are still required to appear and abide by any and all other terms the court deems proper.

10% Cash bond
The defendant posts with the Clerk of Court cash in the amount of 10% of the bond set by the court.  After the defendant fulfills the conditions of bond the money is returned to the person who posted it.

Surety Bond
This is an amount posted by a bail bondsman (typically 10% of the total amount) that once posted allows for your release from custody until the case is resolved.  The bail bondsman becomes responsible for your appearance, so it is important that you meet the conditions of your bond as the bail bondsman can release you where you can be re-incarcerated and lose the money you had provided them.

Consent Bond
Sometimes you can reach an agreement with law enforcement or the solicitor in the case to agree to the terms and conditions of bond.  These terms can vary widely depending on the type of offense charged and the seriousness of the crime.

Types of charges a Magistrate Judge may Set or Deny Bond

Below is a list of some of the offenses that a magistrate judge may set or deny bond:

  • Attempted murder (§16-3-29)
  • Assault and battery by mob 1st degree (§16-3-210(B))
  • Burglary 1st Degree (Unless solicitor objects) (§16-11-311)
  • Burglary 2nd degree (§16-11-312(B))
  • Criminal sexual conduct 1st 2nd 3rd degree (§16-3-652 and 16-3-653)
  • Criminal sexual conduct with minors 1st 2nd 3rd degree (§16-3-655)
  • Assault with intent to commit CSC 1st 2nd degree (§16-3-656)
  • Assault and battery with intent to kill (§16-3-620)
  • Assault and battery of a high and aggravated nature (§16-3-600(B))
  • Kidnapping (§16-3-910)
  • Voluntary manslaughter ( §16-3-50)
  • Armed robbery (§16-11-330(A))
  • Attempted armed robbery ( §16-11-330(B))
  • Carjacking (§16-3-1075)
  • Drug trafficking ( §44-53-370(e))
  • Manufacturing or trafficking methamphetamine (§44-53-375)
  • Trafficking cocaine base (Crack) (§44-53-375(C))
  • Felony DUI (§56-5-2945 (A)(2))
  • Hit and run resulting in death (§56-5-12120(A)(3))

What crimes require a Circuit Court Judge?

Below is a list of some of the offenses that require a Circuit Court Judge to set or deny bond:

  • Murder (§16-3-10)
  • Homicide by child abuse (§16-3-85(A)(1)
  • CSC with a minor less than 11 yrs. of age (§16-3-655(A)(1))
  • Accessory before the fact to commit any of the above offenses (§16-1-40)
  • Attempt to commit any of the above offenses (§16-1-80)