Understanding Bond Laws in South Carolina
When someone is arrested in South Carolina, one of the key legal processes that follows is the bond hearing. Bond laws can be complex and confusing for many, but understanding how they work is crucial to navigating the criminal justice system. Whether you or someone you know is facing charges, knowing the ins and outs of bond laws can help ease the process. Here's an overview of how bond works in South Carolina.
What is a Bond?
A bond is a financial agreement made by the defendant or a third party (usually a family member or friend) to ensure the defendant will return for their court hearings. When a person is arrested, they are typically entitled to a bond hearing, where a judge will decide the amount and type of bond, based on the severity of the crime and other factors.
There are different types of bonds, and the judge will determine which one is appropriate for the case. These include:
Cash Bond: The defendant or their representative pays the full bond amount in cash to secure release.
Surety Bond: This involves a third-party bail bondsman, who guarantees the bond payment if the defendant fails to appear in court. The bondsman charges a fee, usually around 10% of the total bond amount.
Personal Recognizance (PR) Bond: If the defendant is considered a low flight risk, the judge may allow them to be released based on their promise to appear in court without having to pay any bond.
Property Bond: In some cases, the defendant can offer property as collateral to secure their release, but this process is less common.
Factors That Influence Bond Amounts
When determining the bond amount, the judge will consider several factors:
The Seriousness of the Offense: More serious crimes, such as violent felonies, typically come with higher bond amounts. In contrast, minor infractions or misdemeanors may result in a lower bond or even no bond at all.
Criminal History: Defendants with a history of arrests or convictions may face a higher bond due to the likelihood of reoffending or fleeing the jurisdiction.
Flight Risk: If the judge believes the defendant is a flight risk (i.e., they may not show up for court), the bond amount may be increased, or they may be denied bond altogether.
Community Ties: Judges also consider the defendant’s ties to the community, including family, employment, and residence. Strong community connections may lower the perceived flight risk and result in a more favorable bond decision.
Public Safety: In some cases, if releasing the defendant could pose a risk to public safety, the judge may deny bond or set an exceptionally high bond to ensure they stay in jail.
Bond Hearings in South Carolina
In South Carolina, bond hearings usually take place within 24 hours of arrest. During the hearing, the defendant or their attorney can argue for a lower bond or a specific type of bond, presenting factors like community ties and the nonviolent nature of the offense.
If the judge denies bond or sets a high bond that the defendant cannot afford, they may be able to request a bond reduction hearing. A skilled attorney can advocate for a more reasonable bond, arguing that the defendant is not a flight risk and poses no threat to public safety.
What Happens If the Defendant Fails to Appear?
If the defendant skips a court date, they will forfeit their bond. This means that the bond amount is no longer refundable, and the defendant will be subject to arrest and additional charges for failure to appear.
In cases where a bail bondsman was involved, they may initiate a bounty hunter to track down the defendant and bring them to court, as the bondsman stands to lose the bond money if the defendant doesn’t comply.
Can You Appeal a Bond Decision?
If the bond is set too high, or if the judge denies bond entirely, it is possible to appeal the decision. An experienced criminal defense attorney can file a motion to reconsider the bond, and a hearing will be held to present new evidence or legal arguments that could lead to a more favorable outcome.
Contact a Criminal Defense Attorney for Help
Bond laws can be confusing, and every case is different. Having an experienced criminal defense attorney by your side can ensure you fully understand your rights and options when it comes to securing bond in South Carolina. If you or a loved one is facing criminal charges and needs assistance navigating bond proceedings, don’t hesitate to reach out.
At Hunter C. Blouin, Attorney at Law, we are dedicated to providing our clients with clear, reliable, and personalized legal guidance. We will work diligently to ensure you have the best chance at a fair bond hearing. Contact us today for a consultation.
