Charleston Bond Hearing Attorney
South Carolina Criminal Defense Lawyer
A Bond Hearing is one of the first events to occur after an arrest. There are two main combined factors that the Judge will consider at the hearing. First, “risk of flight”, that is where the Judge determines the likelihood of the accused appearing for any court date. The duration of residency in the community is an important factor. Second, “threat to the community”, this is usually tied directly to the charge against the accused. The more serious the offense, typically the higher the Bond. The accused prior criminal history is also evaluated.
After the initial Bond setting there are two other opportunities for modification of the Bond. First, the accused may request a Bond Modification at the Preliminary Hearing. The Preliminary Hearing must be held prior to the accused first roll call. Second, the accused can make a Motion for Bond Reconsideration in the court of General Sessions. In order for this to be successful, the accused through his attorney must show a change in circumstance. In plain English, this means the accused may show a significant change in the above factors (risk of flight, and threat to the community) from the initial Bond setting.
Having a Charleston criminal attorney present at the initial Bond can be beneficial in personalizing the accused. For the other two types of Bond Modification, an attorney is usually necessary to file the appropriate paperwork and argue the issues for the accused.
