Charleston Bond Hearing Attorney
Bond Hearing Info
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”, which is when the Judge determines the likelihood of the accused appearing for any court date. The duration of your residency in a community is an important factor of this decision. The Second event is, “threat to the community”, which is usually tied directly to the charge against the accused which can be summed up as the more serious the offense, typically the higher the Bond. Prior criminal history of the accused 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 an experienced Charleston criminal attorney like myself present at the initial Bond can be beneficial as we actually "personalize" the accused. In addition 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.