How a Bond Reduction Hearing Works in SC
Can’t make bail—stay in jail. Or so it sometimes seems. However, there are constitutional and other limits on how much bail a court can impose on a defendant, which can support the defendant’s request for a bond reduction. Call the Strom Law Firms Bond Reduction lawyers. 803-252-4800
Within 24 hours of a person being arrested, a bond hearing will be held. At this hearing, a judge will determine what type of bond will be required to release, or bail, a person out of police custody. It is important to note that a bond hearing is not your trial, and you are considered innocent until proven guilty. A bond just enables you to be released from jail.
The judge presiding over your bond hearing considers two major factors in determining what type of bond to set in your case:
- Are you a flight risk? Meaning, will you show up for a trial if released on bond?
- Do you pose a danger to the community if released on bond?
If possible, it is important to retain an experienced Criminal attorney before your bond hearing. An attorney can ensure you understand the bond process and advocate on your behalf at the hearing. Having an attorney to represent your rights can help you receive a fair bond.
Types of bonds
Personal Recognizance Bond (“PR Bond”):
- No money is needed to bond out of jail if a PR Bond is set. However, with this particular bond, you are ensuring the judge upon your release that you will show up for any future court dates, and you are also acknowledging a debt to the court equal to the total amount of the bond if you fail to appear in court. If the conditions of the bond are broken, your bond could be revoked, and you could be returned to jail owing the full debt to the court.
Cash Surety Bond:
- If a cash surety bond is set, you must find a “surety” to guarantee the court that you will show up for your court date. Bail bondsmen are typically used in securing cash surety bonds, charge fees for their services, and require initial payments of 10-15% of the total bond amount. Family members or other individuals may also act as sureties by depositing the entire amount of the bond with the court or by pledging property to the court as collateral.
Bond Reduction/Bail Reduction
After the bond has been set, there could be circumstances that render a modification or change to the bond. New information may become available, or a change in circumstances could occur that would give rise to your bond being modified.
The South Carolina criminal defense attorneys at the Strom Law Firm will fight for your Bond Reduction/Bail Reduction and fight to defend your rights. Call today for a free consultation at 803.252.4800.