Learn what happens at a bond hearing in South Carolina, what the judge considers when setting bond, the types of bond, and when bond can be denied.
After an arrest, one of the first steps in a criminal case is a bond hearing. This is where the judge decides if the person charged can be released before trial and sets the conditions of that release. A person charged with a “bailable offense” must have a bond hearing within 24 hours of arrest.
At the hearing, the judge considers what conditions will reasonably make sure the person comes back to court and whether release would be an unreasonable danger to the community or a particular person. From there, the judge decides the type of bond and the conditions that come with it. If you’ve been charged with a criminal case, our attorneys can explain how this may work for your case.
What Happens at a Bond Hearing in South Carolina?
Most charges are bailable offenses, which means the magistrate court can decide if the person is eligible for bond. A magistrate can’t set bond on a charge that carries a possible life sentence, so a different judge decides that bond.
The arresting agency must give the judge the person’s criminal record, pending charges, and any incident reports. In a case with an alleged victim, the law requires a reasonable attempt to notify that person, who can attend and make recommendations that the judge can consider when making a decision.
Some cases follow their own rules: domestic violence, juvenile, and federal cases, and bond on a probation violation warrant.
What Does the Judge Consider When Setting Bond?
When setting bond, the judge considers the following:
- What conditions will reasonably make sure the person comes back to court.
- Whether release would be an unreasonable danger to the community or a particular person.
- The charge and its circumstances.
- The person’s criminal record and any history of missing court.
Types of Bond in South Carolina
A bond can include the payment of money to secure your release and conditions such as home incarceration. A judge can order the following:
- A surety or cash bond: An amount the judge sets, backed by a surety (a person or company that guarantees the bond) or, if the court allows, a cash deposit of up to 10 percent with the clerk of court.
- Release on your own recognizance: A written promise to return to court, in an amount the court sets, without a surety.
- Conditions: Any limits on travel, where the person lives, who they can contact, or electronic monitoring, which is a device that records and reports on the person’s location.
Getting Released After Bond Is Set
Once bond is posted, the jail must release the person within four hours of receiving the bond. The judge’s written order lists every condition of the bond and states that a warrant for the person’s arrest will be issued immediately if any condition is broken. You should read the order in detail so you don’t miss a condition that could affect your case.
Can a Bond Be Changed After It’s Set?
The first bond isn’t always the last word. On a General Sessions charge, the defense can ask a circuit judge to reconsider a bond a magistrate set.
A bond can also be revoked, or canceled. If the State files a written motion to revoke a bond over an alleged broken condition, a judge must hear and decide it within 30 days.
Bond Hearing FAQs
Can Bond Be Denied in South Carolina?
Bond can be denied in South Carolina for a charge that carries a possible life sentence or for an offense the law defines as violent. Even then, denial isn’t automatic, because the judge has to weigh the evidence and the circumstances of what’s alleged. Your attorney can tell you whether that applies to a specific charge.
Can You Leave South Carolina While Out on Bond?
Every bond in South Carolina comes with a condition not to leave the state, along with conditions to appear in court and to be of good behavior. You should talk with your attorney before planning any trip out of state.
Does a Bond Hearing Decide Whether You’re Guilty?
A bond hearing doesn’t decide guilt or innocence. The judge looks at the charge, the incident reports, the person’s record, and their ties to the community to set the conditions of release. Because the judge hears about the charge, you should talk with an attorney before the hearing about what to say.
Talk With a Criminal Defense Attorney About Your Case
If you or someone you love has been charged with a crime in South Carolina, bond is only one step of the case. Our attorneys can tell you what the judge can do and what we would do next. Our initial consultations are always free. Call 864-568-4750 or reach us through our online form today.
This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different; for advice about yours, talk with a criminal defense attorney.
