It can be very high or it can be a simple signature bond where the person is released without posting any money at all. If you are arrested for a crime in South Carolina, you have a right to obtain a lawyer. If you are taken to the County Jail, the cash Bond must be posted at the County Jail in order for you to be released. Can I talk to my loved one that is incarcerated before the bond hearing? In North Carolina, you are entitled to a bond hearing if you have been arrested and formally charged with a crime. The Bond Hearing Process in South Carolina | Deaton Law Firm. At any time before execution is issued on a judgment of forfeiture against a defendant or his surety, the court may direct that the judgment be remitted in whole or in part, upon conditions as the court may impose, if it appears that justice requires the remission of part or all of the judgment. You can always talk to James Dimeas personally by calling 847-807-7405. These hearings, which usually take place within hours of an arrest, are held to assess whether or not the defendant is "too risky" for bail. Upon completion of the evaluation, the examiner must report his findings, within forty-eight hours, to the local solicitor's office or summary court judge, for consideration by the bonding judge.
Bond Hearings in Florida. The bail proceeding is frequently the first contact between the accused and a judicial officer, with respect to the particular offense(s). If the bond is converted from a surety bond to a personal recognizance bond, Bond Form 1 should be completed by the court and signed by the defendant. What if I cannot afford to pay the bond amount? Once you have had your bond hearing in Superior Court, you have taken every bite at the apple that you will get. The severity of your crime will also be weighed against you. The point is they need to show that they have a place to stay, they have got a place to work, and they have people in town or in the area who will support them. Cash Bond: The defendant promises to return to court and follow all guidelines set forth by the judge. We recommend that you contact your local solicitor's office to determine how they wish to proceed with these types of cases. Is the Defendant a flight risk? Williams, 84 S. Bail Bond Hearing Attorney | South Carolina Criminal Defense Lawyer. 21, 65 S. 982 (1909), Whaley v. Lawton, 57 S. 256, 35 S. 558 (1900). In that situation, the person has to go before a judge and ask to be released. Nonpayment of fees alone is not sufficient cause to warrant immediate incarceration of the defendant.
The court may grant bail to the defendant against the security, either before or after conviction. More specifically, KRS §431. Surety Bond: a bonding company posts the bond on a person's behalf. How long does bond hearing last. If the bondsman fails to surrender the defendant or place a hold on the defendant's release from incarceration, commitment, or institutionalization within ninety days of the issuance of the bench warrant, the bond shall be forfeited. Bonds are complicated and the process is hard to navigate.
However, if a hearing is demanded and the court does not feel the defendant has substantially complied with his court obligations, the court may order the surety stay in place. They beat him up before stealing his cell phone, wallet and car keys. If the charge is burglary in the 1st degree, the normal bond judge can hear the case unless the solicitor objects, but they often do, which means burglary 1st cases get heard by a circuit judge as well. § 22-5-510(B) provides that "[a] person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility. " The magistrate or municipal judge, or jailor in the situation cited above, should give a receipt for all cash or items deposited as security and should put them in safekeeping. Under this subsection, "the summary court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the facility having custody of the defendant to verify that a REASONABLE attempt was made to notify the victim sufficiently in advance to attend the proceeding. " Can I Get My Bail Money Back in South Carolina? How many bond hearings can you have for a. There are several different kinds of bonds a judge can grant. Superior Court – Typically bond hearings in Superior Court must be requested and are not automatically generated.
And determining the correct judge can be difficult depending on whether charges have formally been filed, whether the case is a misdemeanor, felony, or violation of probation charge. The right to bail pending trial is guaranteed to all persons by Article I, Section 15 of the S. Bail in Criminal Cases in Virginia. C. Constitution in all instances except in capital cases or offenses punishable by life imprisonment. Magistrate Court – You are arrested and brought before a magistrate and the magistrate sets an initial bond. In addition to a monetary bond a judge can impose special conditions such as a GPS monitor, a curfew, no victim contact and random drug and alcohol testing.
Most of the time, the bond hearing is going to happen before a magistrate judge. Some tend to require higher bonds. Those individuals must appear before a judge for a bond hearing. These factors will also help the court investigate the risk of the individual taking flight. The judge who originally set the amount of bail, when presented with new information, might reconsider the bail which he had set earlier, provided the case has not been transferred to general sessions court. If bail is too high, a defendant can request a hearing to reduce the bond. The judge has the option of permitting the defendant to deposit cash with the clerk of court, in an amount designated by the judge. However, if the defendant fails to appear in court or does follow all conditions, he or she will be required to pay a monetary fine to the court. The initial consultation is free and I am always available to advise you on the proper course of action that can be taken. How many bond hearings can you have in a year. In a stalking case, the judge can order a mental health assessment. It is an ideal position, though a rare occurrence. A person must pay a bondsman money or pledge collateral (in some cases) to get out of jail. Fortunately, the law requires judges to set bond hearings quickly and impose reasonable conditions of release. The judge will also make sure the person knows they have a right to a lawyer.
This usually happens in drug cases where the prosecutor believes that you are a drug dealer and that the money that will be used to post your Bond is money that was obtained by drug dealing. Furthermore, a defense team's knowledge of the legal system will allow them to argue for a much lower bail, as they can effectively argue against a bail that is set too high. If you are on prescription medications, make sure you tell your pretrial officer and give them proof of your meds. Depending on the Court, they may tell you over the phone.
Now That Bail Is Set, How Do I Pay It? If the case involves a victim, such as an assault charge, then the victim and his or her advocate have a right to be at the hearing. This collateral usually takes the form of cash, property, or security deposit. In misdemeanor cases, a bond might be a few hundred dollars or a couple thousand. If you are under investigation and think you might be facing a possible arrest for which a bond will be necessary, or a loved one is currently in custody on a new arrest or for failing to appear in court, call now! Bonding companies usually charge a fee of around 10 – 15% of the bond amount before posting the rest to the jail to secure a person's release. That statute authorizes the imposition of a fee, which may be retained by the County, for processing payment by credit card. If the judge determines that it is not, then the judge can set a bond. Whether the person has ever evaded law enforcement or failed to appear in court. The defendant acknowledges in writing that he has received such notice when he signs the bond form. If you are out on any kind of bond and something bad happens (like getting a new charge, catching a "dirty" drug screen, and so on) you risk being sent back to jail. Meaning houses or land.
At the end of the day, the judge has to decide whether there is enough evidence, whether the state has met its burden of producing enough evidence to keep the person in jail. What kinds of bond conditions can a Judge order? If the criminal charges are dismissed or the accused is found not guilty at trial, then that person is entitled to the return of the money or collateral that they paid or pledged to bail out. Everybody is entitled to pretrial release on reasonable conditions unless no conditions of release can reasonably protect the community from the risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process. This use of money or property is done in a number of ways. Bond hearings follow a normal court process under the NC criminal laws. You will not be allowed to go home and go back to work. The judge who issues the bench warrant should be the one to release the prisoner and only a circuit judge can grant bond for a person arrested for a parole violation.