After an arrest in Lexington, South Carolina, one of the first important decisions in a criminal case is usually the setting of bond. A bond judge is generally concerned with two primary questions: Is the defendant a risk of flight, and would releasing the defendant present a danger to the community or another person?
When considering these questions, a judge may look at the defendant's ties to the community, family connections, employment, length of residence, criminal history, history of appearing in court, the nature of the alleged offense, and other circumstances relevant to whether the defendant will return to court and remain in compliance with the law while the case is pending.
Because bond judges have wide discretion in setting bonds and imposing conditions, providing helpful and accurate information about a defendant at the initial bond hearing can be important. An attorney can appear with a defendant at bond court, provide information relevant to the judge's decision, request an appropriate bond amount, and advocate against unnecessary or overly burdensome conditions of release.
When Does a Bond Hearing Take Place in Lexington, SC?
A bond hearing ordinarily occurs shortly after an arrest, usually the same day or the following day.
In Lexington County, initial bond hearings are generally conducted at the Lexington County Bond Court, located at 521 Gibson Road in Lexington, South Carolina. The Bond Court is immediately adjacent to the Lexington County Sheriff's Department and Lexington County Detention Center.
Lexington County Bond Court is held daily at 10:00 A.M., with an additional bond court session at 3:00 P.M. Monday through Friday.
Because bond hearings take place soon after an arrest, there may be a relatively short period of time for a defendant or family member to contact an attorney before the initial hearing.
Bond court is open to the public, and family members and other supporters may attend. Their presence can be particularly helpful in more serious cases. Attending also allows family members to immediately learn what type and amount of bond has been set and, when necessary, begin making arrangements with a bail bondsman or to post the required bond.
Our office is located a short distance from the Lexington County Bond Court, and we can regularly provide an attorney for initial bond settings, sometimes on relatively short notice. If a person knows there is a warrant for their arrest and plans to turn themselves in, it may also be possible to coordinate the surrender and anticipated bond appearance in advance to ensure that an attorney can be available.
What Does "Risk of Flight" Mean at a Bond Hearing?
One of the primary purposes of bond is to help ensure that the defendant returns to court as required. The judge therefore considers whether there is reason to believe the defendant might fail to appear or leave the area to avoid prosecution.
Strong connections to Lexington County or the surrounding area can be helpful when addressing this concern.
Depending on the circumstances, an attorney may provide the judge with information about the defendant's length and location of residence, family connections, employment history, educational background, military service, home ownership, and other community ties.
A history of appearing for prior court proceedings can also be relevant. Conversely, a documented history of failing to appear in court can make obtaining a favorable bond more difficult.
The goal is to provide the judge with information that helps demonstrate that the defendant has meaningful reasons to remain in the community and return to court as required.
How Does a Judge Decide Whether Someone Is a Danger to the Community?
The second major consideration is whether releasing the defendant would create a danger to the community or another individual.
This determination can involve the nature and circumstances of the alleged offense, the defendant's prior criminal record, the defendant's relationship or connection to an alleged victim, and information concerning a possible risk to the victim, the public, or other individuals.
The judge may also consider information or concerns provided by law enforcement or an alleged victim.
In many routine Lexington bond hearings, the actual arresting officer and prosecutor are not present. Instead, a courtroom deputy may communicate information or requests received from the particular law enforcement agency involved in the arrest.
More serious or high-profile cases can be different. Prosecutors, investigating officers, or other law enforcement representatives may appear in those matters.
If an alleged victim attends the bond hearing, the judge will generally provide that person with an opportunity to address the court and provide information the person believes the judge should consider when deciding bond and appropriate conditions.
Should Family Members Attend Bond Court?
Lexington County Bond Court is open to the public, and many defendants appreciate having friends or family members attend.
Their presence may be particularly helpful in a serious case. It also allows the family to immediately learn what the judge has ordered, and to see that they have a support system and ties to the community.
If the judge requires a cash or surety bond, family members who will be responsible for posting the money or hiring a bail bondsman can begin that process immediately. This may help secure the defendant's release from jail as quickly as possible after the bond has been set.
Having a bond set does not itself release someone from jail. When money must be posted, the defendant remains incarcerated until the bond requirements have been satisfied and the release process has been completed.
There can also be particular reasons for someone to attend in a domestic violence case. For example, if an alleged victim does not want the judge to impose a no-contact bond condition, the alleged victim will normally need to personally appear at the bond hearing and notify the judge of that request. No-contact restrictions are common in Lexington Domestic Violence cases.
The final decision about whether to impose a no-contact condition remains with the judge.
What Information Should a Lawyer Have Before Bond Court?
When possible, a defendant or family member should provide the attorney with basic background information before the hearing.
Helpful information can include the defendant's family connections, how long and where the defendant has lived in the area, employment history, educational background, military background, home ownership, community involvement, and other ties to Lexington County or the surrounding area.
Special health concerns or other significant personal circumstances may also be appropriate to bring to the attorney's attention.
Providing this information in advance allows the attorney to be prepared to offer the judge relevant information during the hearing instead of trying to gather it for the first time at bond court.
Should a Defendant Explain What Happened to the Bond Judge?
A bond hearing is not a trial of the criminal charge. The bond judge is not there to determine whether the defendant is guilty or not guilty.
Defendants should generally avoid making statements about the facts or circumstances surrounding their arrest. Trying to explain what happened is almost never helpful in getting a bond set, and statements made by a defendant may potentially be used against the defendant later by the prosecution.
When a defendant is represented by a criminal defense attorney, it is generally best to allow the attorney to decide what information about the circumstances of the case, if any, should be presented to the bond judge.
There will be an appropriate time later in the criminal case to investigate the allegations, review the evidence, identify potential defenses, and challenge the prosecution's case.
When is a personal recognizance bond given?
A personal recognizance bond, often called a PR bond, allows a defendant to be released based upon a promise to appear in court without requiring money to be posted before release.
These are more likely for those with no, or only a very minimal criminal history, and involving less serious misdemeanor or felony cases.
The appropriate type and amount of bond depends upon the circumstances of the individual case and judges have discretion on that decision. Whether a personal recognizance bond is given or not has little or nothing to do with what the outcome of the case will be.
Are Bond Conditions as Important as the Amount of Bond?
They can be.
In some cases, the conditions imposed by the judge can ultimately be more important than the amount of money required.
Money determines whether someone can initially get out of jail. Violating the conditions of bond can result in that person going back to jail.
Depending on the charge and circumstances, a bond judge can impose conditions such as no contact with an alleged victim, prohibiting the defendant from returning to a particular residence or business, electronic or GPS monitoring, house arrest, or other restrictions.
No-contact conditions are common in assault and domestic violence cases. An order prohibiting someone from returning to a particular location may also arise in domestic violence cases or cases involving allegations such as shoplifting or trespassing.
A standard condition of South Carolina bonds is that the defendant not leave South Carolina while the case is pending without court approval.
An attorney appearing at the initial bond hearing can advocate not only concerning the amount and type of bond but also against conditions that may be unnecessary or overly burdensome.
This can be particularly important when a proposed condition could interfere with the defendant's employment, residence, family responsibilities, or other legitimate activities.
Can Bond Conditions Be Changed Later?
Yes. A defendant can ask the appropriate court to modify bond conditions after the initial hearing.
However, getting another hearing can sometimes take weeks or even months. That makes it important to address potentially burdensome conditions at the initial bond hearing whenever possible.
It is also important to understand that asking for a modification does not give the defendant permission to disregard the existing bond order.
Unless and until a judge actually changes a bond condition, the defendant must continue complying with it.
Violating bond conditions can place the defendant at risk of having bond revoked and being returned to jail while the criminal charge remains pending.
Can a Circuit Court Judge Review a Bond Decision?
For charges that will be handled in General Sessions Court, a defendant can ask a Circuit Court judge to review issues concerning bond.
A Circuit Court judge can consider the amount of the bond as well as conditions that were imposed at the initial bond hearing.
This can provide an important opportunity when an initial bond has been denied, has been set at an amount that the defendant believes is excessive, or contains conditions the defendant wants the court to modify.
However, obtaining a Circuit Court bond hearing can take time. Depending upon scheduling and other circumstances, it can sometimes take weeks to get another hearing.
This is another reason why the initial bond hearing should be taken seriously.
Can a Lexington Bond Court Judge Deny Bond?
Bond court judges can and do set bonds for most criminal offenses. However, there are exceptions.
By statute, magistrate and municipal bond judges do not have authority to set bond for certain offenses. These include murder, homicide by child abuse and criminal sexual conduct with a minor in the first degree. Those bond determinations must be handled by a Circuit Court judge.
Bond may also be denied in other circumstances. This is more likely to become an issue with serious or violent allegations, defendants with severe prior criminal records, documented histories of failing to appear in court, or circumstances presenting significant concerns about the safety of an alleged victim or the public.
Whether bond will be set depends upon the particular charge, the defendant's history, and the circumstances presented to the judge.
Can I Have a Lawyer at My Initial Bond Hearing in Lexington?
Yes.
A defendant may be represented by an attorney at the initial bond hearing.
The attorney can provide the judge with relevant information about the defendant, address concerns involving flight risk or danger to the community, advocate for a personal recognizance bond or reasonable monetary bond when appropriate, and address proposed conditions of release.
An attorney can also help prevent the bond hearing from becoming an unnecessary discussion of the underlying allegations. The purpose of bond court is not to determine guilt or innocence, and defendants should generally avoid discussing the facts of their pending criminal case.
Because initial bond hearings occur quickly after an arrest, there may be only a short period of time for a family to retain an attorney before the hearing takes place.
The Law Office of James R. Snell, Jr., LLC is located a short distance from the Lexington County Bond Court at 521 Gibson Road, and we can regularly provide an attorney for initial bond settings, including on short notice when an attorney is available.
What If I Know I Have a Warrant and Plan to Turn Myself In?
If you know about an outstanding arrest warrant, it can be helpful to speak with a criminal defense attorney before surrendering.
Our office can assist with planning the surrender process and, when circumstances permit, schedule the anticipated bond appearance in advance to help secure attorney availability.
Planning ahead can also provide time for the attorney to obtain useful background information before the hearing, including information about employment, family responsibilities, residence, community ties, and other matters that may be relevant to the bond judge.
Simply knowing that an arrest is coming does not mean that you should attempt to avoid it. Instead, advance planning can help make the process more orderly and allow you to obtain legal advice before appearing in bond court.
Contact a Lexington, SC Criminal Defense Attorney Before Bond Court
If you or a family member has just been arrested in Lexington County and has not yet had an initial bond hearing, call the Law Office of James R. Snell, Jr., LLC at (803) 359-3301 as soon as possible.
We can regularly provide representation at initial bond hearings and may be able to arrange for an attorney to appear even on relatively short notice. Our office is located close to the Lexington County Bond Court and Lexington County Detention Center. Same-day appointments are typically available.
If you are aware of an outstanding arrest warrant and are considering turning yourself in, you can also contact our office before surrendering. We may be able to assist with planning the process and coordinating the anticipated bond appearance so that an attorney can be available.
All criminal cases and bond decisions are unique. The appropriate bond, conditions of release, and potential outcome depend on the facts and circumstances of the individual case. Prior results obtained by an attorney in one matter do not indicate that similar results can be obtained for other clients in other matters.