South Carolina Federal Criminal Attorneys – Federal Bond Hearing
Every individual who has been charged with a crime is entitled to a reasonable bond. What is considered reasonable depends upon the type of crime committed, whether you are a flight risk, and whether you are a danger to the community.
Nobody wants to sit in jail for months or years before the government decides to call his case. We understand that individuals who have been charged with crimes still have family obligations and need to be released on bond in order to effectively assist in preparing for trial.
Bond hearings are often held within hours of an individual’s arrest. At the hearing, judges will evaluate whether the individual is a danger to the community or a flight risk. If an individual is charged with a crime that carries a possible punishment of life imprisonment, a bond hearing must be held before the Court of General Sessions.
After evaluating each defendant individually, a judge will set one of three types of bonds. The first type of bond is a personal recognizance bond (PR bond). A PR bond allows a defendant to be released without posting any money with the court. Basically, the court is allowing the defendant to be released on his promise to appear when his case is called for trial.
The second type of bond is a surety bond. A surety bond means that the individual must post money with the court in order to be released. For example, if a judge sets a $10,000 surety bond, the defendant must post $10,000 in cash or real estate with the court. If the defendant fails to appear when his case is called for trial, he may forfeit the $10,000 he has paid or if he posted his home as surety, the court may begin foreclosure proceedings.
The third type of bond is a surety bond with a ten percent cash option. This is similar to a simple surety bond; however, it allows a defendant to post the cash equivalent of ten percent of the total bond amount. For example, if a defendant receives a $10,000 surety bond with a ten percent option he can post $10,000 in real estate / property or just $1,000 in cash.
Often times, a defendant is given a bond that he simply cannot afford. Thus the defendant remains jailed while awaiting his trial date. If this is the case, the defendant may make a motion asking that the bond be reduced to an amount more reasonable or affordable.
The federal criminal defense lawyers at the Strom Law Firm, LLC provide an aggressive and well planned defense and will fight to have your charges reduced or even dismissed. Contact us today for a free consultation to discuss the facts of you case and hear how we can help.