What Happens at a South Carolina Bond Hearing?

If you or your loved one has been arrested, you may be wondering if there is anything you can do to be released from jail sooner. The reality is that your release will depend on how a judge rules at your bond hearing, which you are entitled to within 24 hours of your arrest in South Carolina (although it may take place up to 48 hours afterward). The sole purpose of a bond hearing is to determine if you should be released from custody and under what conditions.

To help navigate this critical moment, The Law Offices of L. Morgan Martin, P.A., offers guidance from experienced Conway criminal defense attorneys. By staying informed of your rights, you can better decide how you want to proceed.

What is a Bond Hearing?

Not all arrestees are entitled to bond hearings; only individuals who have committed bailable offenses (non-capital offenses or life imprisonment) are. During the bond hearing, the charges against you and your Constitutional rights will be read aloud by a magistrate judge. The bond hearing is not intended to determine probable cause, but rather to determine whether you should be released back into the community between the hearing and trial. The only issue of concern is determining the bond amount and the conditions to be imposed on the defendant.

Who Is Present at a Bond Hearing?

The following parties play important roles at a bond hearing:

• Your defense attorney: Your main advocate, who will present evidence to support your release. This is done by demonstrating that you pose no risk to the community and that you will comply with the conditions of your release. In addition to arguing for your release, your attorney will argue for a lesser bail amount.
• Prosecutor: The state prosecutor will be arguing for tighter restrictions, a higher bail amount, and possibly against your release altogether if they believe you pose a public safety concern. The prosecutor will emphasize the severity of your offense, either by calling the arresting officer or the victim to testify.
• Character witnesses: Family members, co-workers, or members of the community may be called to the stand. These individuals should speak to your integrity and your support system. (Our Conway criminal defense lawyers will conduct witness prep so that they are not blindsided by any of the prosecution’s questions)

What Factors Will Determine if You Make Bail?

Under SC Code §22-5-510, the court will consider the following in determining whether or not you should be granted bail:

• Nature and circumstances of your crime;
• Family ties;
• Employment;
• Financial resources, such as income and assets;
• Character and mental health;
• How long have you been living in the community
• Any history of non-appearances.

Further considerations (which must be provided by the police at the time or prior to the bond hearing) include:

• Your criminal history;
• Any pending criminal charges;
• Incident reports related to the charge; and
• Any other information the court deems relevant.

PR Bond versus Surety Bond

If granted, you may receive a PR (personal recognizance) bond or a surety bond. A PR bond releases you based on your promise to return to court with no money exchanged. PR bonds are the default in South Carolina, and being an upstanding citizen increases your chances of receiving one.

A surety bond requires payment to secure release. If you cannot afford bail, a bondsman typically charges 10% of the amount, which is non-refundable, to secure your release. If you pay the full amount to the court and meet bail conditions, you’ll receive your money back at trial’s end.

Do I Need an Attorney at My Bond Hearing?

Being released on bail requires presenting relevant evidence in a manner that places you in the best light. This can be challenging, especially when you have broken the law. Our criminal defense lawyers’ experience as former prosecutors gives us a clear advantage over the competition. We know what strategies the prosecution is likely to employ, giving us time to prepare to counter their claims. With your freedom at stake, having our criminal defense attorneys in your corner can be one of the best decisions you can make.

Speak with Our Conway Criminal Defense Lawyers Today

If you have been arrested for a criminal offense, you need legal representation as soon as possible. At The Law Offices of L. Morgan Martin, P.A., our legal team is ready to provide fierce advocacy on your behalf. We never shy away from tough cases. To arrange your free consultation with one of our legal team members, contact us online or by calling (843) 248-3177 today.