What Happens at a Bond Hearing in South Carolina?

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Criminal Defense

What Happens at a Bond Hearing in South Carolina

If you or a loved one has been arrested, one of the first steps in the legal process is a bond hearing in South Carolina. Understanding how this hearing works — and what to expect — can make a stressful situation more manageable. At The Williams Firm, our experienced Orangeburg criminal defense lawyers help clients navigate bond hearings throughout South Carolina, ensuring their rights are protected from the very start.

Timing: When Bond Hearings Occur

In South Carolina, adults charged with a bailable offense must receive a bond hearing within 24 hours of arrest. Hearings are typically held twice a day, even on weekends and holidays. However, for certain serious offenses — such as those carrying life imprisonment or the death penalty — a Magistrate or Municipal Court judge cannot set bond. In these cases, the hearing is deferred to a Circuit Court judge, which can delay the process. Often, the hearing is scheduled during the next term of Circuit Court, but in some cases, a Motion to Set Bond must be filed to secure an earlier date.

Opening of the Hearing

At the start of a bond hearing, the judge will:

Advise the defendant of their rights, and
Read the formal charges, including the statute allegedly violated and a brief summary of the arrest.

This ensures the defendant fully understands why they are being held and what accusations they are facing.

Presentation by the Parties

Both the prosecution and defense have the opportunity to present their positions during the bond hearing in South Carolina.

Prosecution (The State)
The solicitor or arresting officer presents the State’s position, which may include:

The solicitor or arresting officer presents the State’s position, which may include:
A summary of the allegations
The seriousness of the charges
The defendant’s criminal record (if any)
Victim input or safety concerns (as protected under South Carolina’s Victim’s Bill of Rights)

Defense (The Defendant or Defense Counsel)

Your defense attorney will then present arguments in favor of bond, which may include:

Potential defenses to the charges
Community ties such as family, employment, or long-term residence
Lack of criminal history
Health, family, or personal factors relevant to bond
Evidence showing the defendant is not a flight risk or danger to the community
Proposed bond conditions to address any concerns raised by the State

Having an experienced criminal defense lawyer present at this stage is crucial. The information shared here often influences whether a bond is granted — and on what terms.

Factors the Judge Considers

Under S.C. Code § 17-15-30, the judge considers several key factors when deciding bond:

Nature and seriousness of the offense
The defendant’s criminal history
Family ties, employment, financial resources, and character
Length of residence in the community
Flight risk and danger to the public
Victim safety and input
Any pending charges or current probation status

Potential Outcomes

After considering all factors, the court may issue one of the following bond decisions:

1. Personal Recognizance (PR) Bond
No money is required up front. The defendant is released on their promise to appear in court and comply with any bond conditions.

2. Surety Bond

A third-party, typically a licensed bail bondsman, posts the bond amount on the defendant’s behalf, guaranteeing their appearance in court.

3. Cash Bond

The defendant (or their family) pays the full bond amount directly to the court.

4. Denial of Bond

If the court determines the defendant poses a significant flight risk or danger to the community, bond may be denied.

The judge may also impose additional restrictions, such as:

Electronic GPS monitoring
No-contact orders
Curfews
Drug or alcohol counseling
Travel limitations (including out-of-state restrictions)

Why Legal Representation Matters

A bond hearing in South Carolina is not a trial — but it can shape the direction of your entire case. The way information is presented at this early stage can influence the judge’s perception and the options available moving forward.

An experienced Orangeburg criminal defense lawyer from The Williams Firm can advocate for your release, prepare supporting evidence, and ensure the court understands your circumstances before making its decision.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Viewing or engaging with this content does not create an attorney-client relationship. Every case is different.

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