Orangeburg, SC asked in Criminal Law and Federal Crimes for South Carolina

Q: If a person is being charged with attempted murder at a bail hearing are they supposed to give them the lowest bond

Because they give this man that know the police was looking for him and left the state to NC and got caught and picked up coming back into sc then they let his parent speak in court and not ours then the judge gave the man the lowest bond and a bracelet to be monitored to a nc home . There was no DA in court . How does this work I am trying to understand because I never heard of this before

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1 Lawyer Answer
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
  • Criminal Law Lawyer
  • Columbia, SC
  • Licensed in South Carolina

A: Hello,

What you have described does sound appropriate to a SC Bond Hearing.

In all bond courts the Constitution requires a bond to be given to a defendant. Bond may only be denied, and that denial reviewed by a Circuit Judge, if a defendant presents an unreasonable and continuing danger to the community, and/or there is a risk of flight and the court cannot be reasonably sure that the defendant will appear in court. From what you have described the court seems to have determined that the victim is not at further risk, and continuous GPS monitoring allows the court to know where the defendant is at all times.

In SC the victim has the right to be present and heard at all hearings in the criminal process, but not necessarily the victim’s family. The court has the right to hear from other parties, and may, if the court believes it relevant, such as the Defendant’s family, particularly if the Defendant may stay with them prior to trial.

We hope that this helps to answer your question and wish you well.

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