Bail is not a punishment in itself. Rather, it is a means of obtaining a defendant`s consent to comply with certain conditions and to return to court. In this sense, bail is like a guarantee left to the court to ensure that the accused returns after his release from prison for the remaining parts of the criminal proceedings. If the defendant fails to appear or violates the conditions of release, he may lose the amount paid. If the defendant has posted a bond, the deposit company will lose the money as described below. When deciding on bail, the judge will want to know something about the accused and will often ask questions, such as how far the person has been to school or where they work. The defendant has the absolute right to refuse to testify. For this reason, we believe it is preferable to have a lawyer at the bail hearing. In this way, the lawyer can conduct all conversations so that his client can exercise his right to remain silent. In some cases, the judge will begin to investigate things related to the indictment, and it is possible that the accused will say something that can then be used against him. There is no reason to speak if you can ask your lawyer to speak on your behalf. Sometimes, however, a grand jury hearing is held instead.
A grand jury is a group of citizens, like a trial jury. They decide whether to file an indictment (formal charge) against you. A grand jury trial is secret, which means that neither you nor your lawyer are allowed to be in the courtroom while it is taking place. You will then know if an experiment will take place. As criminal defense attorneys in Charleston, we are often asked what happens at a Bond hearing in South Carolina. A bail hearing, sometimes called a bail hearing, is usually the first thing that happens after a person is arrested in South Carolina. Once the person has been incarcerated, a bail judge will hear the case and decide whether the accused should be released and, if so, under what conditions (bail). The good news is that in most cases, getting a loan and getting a release from prison won`t be a problem. But in some cases, the most serious cases, it may be necessary to have a bail hearing before an undertaking is established. Whenever you appear in court, it is helpful to understand the nature of the hearing, who will be present, what the court is likely to address, and what is expected of you as a defendant. If the judge decides to let you go, the next step is to set the amount of the bail.
The amount of the bail is at the discretion of the judge and is set at an amount that convinces the judge that you will send it back to court. If the deposit is too high, your lawyer may request that the amount of the bond be reduced. The judge may also reject your bail application. In this case, you can appeal the bail decision or request a new hearing. A bail hearing is unique in that it is the only time in a criminal case where the defendant bears the burden of proof. At a bond hearing, the defendant must prove that he will return for the trial and other scheduled court appearances. In some cases, the prison may already have a bail plan. You can deposit the deposit by paying the money, asking a surety debtor to pay for you, or getting money for the bond from your family and friends. Once you leave bail, you will be released from prison until your trial takes place. In most cases in South Carolina, bail hearings should be held within 24 hours of arrest. However, we have seen it longer in some cases. For example, a person charged with drunk driving may still be too drunk to appear before the judge.
Sometimes the police officer simply does not prepare the documents and submit them in time for the hearing. Unfortunately, there isn`t really a good cure for someone who is detained for a day or two longer than they should have been. Fortunately, in our experience, this has not been a big problem, although some cases slip beyond 24 hours. It is important to contact the police department and the bond court to find out exactly when it is planned. You don`t have much time to hire a lawyer, so if you`re looking for one, you`d better act quickly. Call us to speak to one of our criminal defense lawyers. Even when Bond`s hearing is over, we will still speak to you or the person charged to prepare a defense against the criminal complaint. What happens at a bail hearing? Well, a Bond hearing is like most other evidentiary hearings in a criminal case. There will be a judge, there will be a prosecutor and there will be a defence lawyer. At a bond hearing, the focus is obviously on whether the judge should release the person from prison in the hope that he or she will appear in court again when it is time for his case to be heard. In cases punishable by death or life imprisonment, the recognizance is determined by a district judge, which usually lasts more than 24 hours, sometimes weeks.