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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.