Defense Attorney for Bail Bond Hearing | Fort Mill | Rock Hill | Lancaster | York County
Getting arrested is scary, but it is even scarier when someone gets arrested and then is stuck in the county detention center unable to post bond. While bond is generally set for persons charged with simple possession or distribution of illegal drugs within 48 hours, it is oftentimes denied in York and Lancaster counties for trafficking drugs. This means when the person initially goes before a magistrate judge to have bail set for trafficking marijuana, cocaine, heroin, etc., the magistrate judge decided not to give the person charged a bond. They must then wait until a hearing before a circuit court judge to have the bond reviewed. Thus, even if someone has money to post a bond for themselves or a loved one, they cannot pay an amount that doesn’t exist. Sometimes, a bond is set but is extremely high and difficult to pay.
Circuit Court Bond Hearings in South Carolina
South Carolina law states that a bond hearing in circuit court can only be held once every 6 months unless certain exigent circumstances present themselves. Thus, a general sessions bond hearing for a crime where no bond has been set needs to be handled by someone who knows what they are doing and will put 100% into getting a reasonable bond set. Factors considered by a judge in setting bond include:
whether or not the person is a flight risk;
how dangerous the person appears to be or is to the community; and
the person’s criminal history.
While a prosecutor may be able to make the argument that someone is a danger to society, a criminal defense attorney can collect witnesses and family members to speak on someone’s behalf at a bond hearing and make the necessary factual and legal arguments if available to get bond set.
South Carolina Bond Hearing Defense Attorney
Considering all of the evidence and the timing of the bond is necessary when going up for bond and having a skilled defense lawyer on your side who knows how to help you through this process is key. While being arrested and given bond is a first step in the criminal process, a trial or a resolution of the case may take months or years. Often, it is easier to attack charges or negotiate for the case once the accused person is out of jail. Although law enforcement has countless resources to collect evidence and pursue a conviction against an individual, an accused person is more helpful to themselves and to a defense attorney when they can aid in their defense. Call Nosal & Jeter, LLP today at (803) 351-3597 if your loved one is being held in jail and needs help securing their release. Our primary objective at a York Count general sessions bail hearing or Lancaster County Bond hearing is to secure the release of our client.