Bond Hearings in South Carolina

Bond Hearings in South Carolina

Denied bond at arrest by the Magistrate? Can’t afford to pay the bond amount ordered? You may want to consider filing for a bond review in Circuit Court. In this blog, I break down the process and factors for bond hearings in South Carolina.

Denied bond at arrest by the Magistrate?

Denied bond at arrest? If so, most likely, one of the following apply to your arrest: 1) you were charged with a crime that carries life imprisonment, or 2) you were charged with a violent crime as defined by SC Code 16-1-160. In this instance, an initial bond may be set in Circuit Court consistent with the same factors as listed in “What does the Court consider when setting bond?” below.

Can’t afford to pay the bond amount ordered?

Magistrates setting bond amounts way too high is a fairly common thing. In these instances, you can ask for review by the Circuit Court. Note, absent a change in circumstances (the burden to meet this is more difficult than the phrase suggests), you can only do this one time and so once the Circuit Court sets/resets/denies the bond you are stuck with it. For this reason, it is important to hire the attorney of your choice.

What factors does the Court consider when setting bond?

The primary factors are: 1) ties to the community and 2) potential danger to the community. On ties to the community, if you live in the county (and surrounding area) where you were charged the Court considers it more likely that you would come to Court. Having family close by also helps.

As far as danger to the community, if you are charged with a violent crime or have a violent crime on your criminal history then you might also expect to be considered dangerous. This can be balanced by ties to the community as well a good defense and mitigation to the arrest.

You can find a statutory list of all factors in SC Code 17-15-30.

Now is the most critical time to hire an attorney with the experience and knowledge necessary to provide aggressive support in court.  Remember, you are at a disadvantage when you are arrested because you are unfamiliar with the laws and court system.  Our office has handled thousands of cases, and we can help you effectively deal with any criminal charge.  We have extensive experience with criminal charges and have handles hundreds of bond hearings. Moreover, we have high profile case experience, which ensures that we can professionally manage even the most complex cases.

In order to be flexible and convenient, we have open office hours, easy appointment scheduling, and payment plans available. Call today and schedule your free and confidential consultation.  Our law office focuses on those accused of crimes across Upstate, South Carolina, including: Greenville, Spartanburg, Anderson, Pickens, Laurens, and Oconee counties.