A bond will normally be set by a local Municipal or Magistrate Judge within twenty-four (24) hours after an individual has been served with an arrest warrant. The Magistrate possesses the discretionary authority to set or deny bond on nearly all charges. Only the specific felony charges of Murder, Burglary in the First Degree and First Degree Criminal Sexual Conduct with a Minor are required to be set by a Circuit Court Judge in General Sessions Court.
There are two main factors our Charleston criminal defense attorneys know the court considers when setting a bond:
Charleston criminal defense attorneys Peter David Brown and Dale Savage are available to assist you immediately in attempting to obtain a reasonable bond at that initial Bond Setting. We will promptly investigate the facts and circumstances as they are known and make a presentation to the Magistrate designed to obtain the most reasonable bond possible under the circumstances. Call us at (843) 971-0099 to start preparing for this hearing.
Personal Recognizance
A personal recognizance (PR) bond allows for the release of a defendant pending trial without posting any actual money. It is a bond in which the defendant acknowledges to the judge that he is indebted to the county in a particular amount to be paid if he does not appear for court when required.
Cash Bond
A cash bond means a defendant posts a sum of cash when the bond is set. These types of bonds are normally for municipal and magistrate level offenses.
Surety Bond
A surety bond is a monetary amount posted by a surety (bondsperson) which allows for the accused’s release pending trial. The surety acknowledges to the court/state, that they will be responsible for paying the full amount of the bond if the accused fails to appear for court as required by the terms and conditions.
Ten Percent (10%) Bond
This bond is similar to the Surety Bond, except that a friend or family member, rather than a bondsperson may post the amount required with the Clerk of Court. Once the case is closed, the amount used to satisfy the ten percent (10%) will be returned to the friend or family member who posted the bond with the Clerk of Court.
Consent Bond
The wait for a bond reconsideration hearing can be eliminated if the solicitor and the defense attorney can agree upon the amount and the terms and conditions of release. A consent bond is normally the product of very specific negotiations between the attorney for the State and the defense attorney. Once retained, we can inquire with the prosecution whether this type of bond is an option or if a full bond reconsideration hearing will be required.
BOND RECONSIDERATION HEARINGS
After the initial bond is set by the Magistrate, if the accused cannot meet the requirements, he may file a Motion to Reconsider. Our Charleston criminal defense attorneys normally file this Motion in at the same time we request the Preliminary Hearing to challenge the facts surrounding the arrest. The Preliminary Hearing Court Judge is a different Magistrate than the Central Bond Hearing Court Judge who set the initial bond immediately following the arrest. The Bond Reconsideration Hearing is scheduled and held immediately after the Probable Cause Hearing for the sake of judicial efficiency. Often the facts that we bring out at the Probable Cause Hearing serve to allow the Magistrate to reduce the amount of the bond. The same two factors used in setting the bond are reviewed at the Bond Reconsideration Hearing: 1) risk of flight and 2) danger to the community, in conjunction with any changes in facts or circumstances surrounding the alleged crime that might have been discovered at during the Probable Cause Hearing. We routinely handle Bond Reduction Hearings and Probable Cause Hearings. This is an opportunity to present employers, family members and references to the Court in order to obtain a reasonable bond.
General Sessions Bond Hearings and Reconsideration Hearings:
If a defendant is unable to meet the terms and conditions of his bond as set by the two magistrates, he may petition the Court for a General Sessions Bond Reconsideration Hearing. There must be a legitimate change of circumstances that would reasonably call for the defendant’s bond to be reconsidered for second time. These Hearings are more formal and our team of Charleston criminal defense attorneys occasionally present employers, family members and references to the Court in an attempt to have the bond reduced and allow the defendant to be released and returned to his family and work. It is important to note that the Circuit Court Judges often consider whether or not the defense lawyer appearing at a General Sessions Bond Hearing is retained for the entire matter or just the Bond Hearing, when determining the terms and conditions of release.
PRELIMINARY HEARING (PROBABLE CAUSE HEARING)
A defendant has a statutory right to a preliminary hearing. This hearing must be requested within a certain period of time or it is forfeited. We routinely request and represent defendants at preliminary hearings. Peter Brown has handled over five hundred (500+) Preliminary Hearings during his twenty three (23) years of practicing law.
The Charleston criminal defense attorneys at Peter David Brown, P.A. suggest that the defendant hire an attorney to represent his interests at this very important hearing. The prosecution is not required to produce all of its' evidence, but only enough to establish the probable cause of the alleged criminal act. This hearing is the first opportunity for our office to require the arresting officer to testify under oath in regard to the actual facts and sequence of the events surrounding the alleged criminal conduct. We then have the opportunity to cross examine the police officer in regard to his testimony, any inconsistencies, and any relevant facts which the officer failed to address during his direct testimony for the state. The state must provide the elements of the offense to the court in order to have the charge bound over. We consider this Hearing an invaluable discovery tool in that it forces the state to reveal the basis of the criminal charges on the record. Often times, the prosecutor will realize by the end of the Preliminary Hearing that the state’s case is not as strong as it appeared in the warrant and police report. This is obviously important in that it can lead to a reduction in charges or a dismissal. There are occasions that the original charge is reduced, remanded or dismissed at the Preliminary Hearing. These are not frequent, because the standard of proof necessary to bind the charge over is merely probable cause: as opposed to the jury trial standard requiring proof beyond a reasonable doubt.
On occasion, the Preliminary Hearing offers the defense attorney a chance to speak informally with the arresting officer and the prosecutor about the ultimate outcome of the matter after these weaknesses in the state’s case have been exposed through cross examination and placed on the record. We rarely waive the Preliminary Hearing, except in extraordinary circumstances, that must be favorable to the accused.
Please contact our Charleston criminal defense attorneys immediately to retain our services and have us begin investigating the facts and circumstances surrounding the arrest. The preparation before the preliminary hearing allows us to understand the facts and circumstances surrounding the incident. Armed with this knowledge, we can often begin to establish a defense to the allegations as early as the preliminary hearing. Contact us at (843) 971-0099.
