What Will the Judge Consider When Setting Bond

Trying to figure out what a judge will set the bond for a loved one who was recently arrested is nearly impossible for lawyers and laypersons alike. However, South Carolina law has a statute that provides certain factors judges are to consider when determining how much they should set bond.

In this blog post I will discuss the factors judges in South Carolina consider when setting bond for someone who has been accused (innocent until proven guilty) of committing a crime so you can know how you should prepare financially to secure the release of your loved one from jail.

South Carolina Code of Laws § 17-15-30 (A)

South Carolina Code of Laws § 17-15-30 (A) states that in determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community or an individual, a court may, on the basis of the following information, consider the nature and circumstances of an offense charged and the charged person’s:

  • Family ties;
  • Employment;
  • Financial resources;
  • Character and mental condition;
  • Length of residence in the community;
  • Record of convictions; and
  • Record of flight to avoid prosecution or failure to appear at court proceedings.

So what does this mean? The first thing the judge will consider when setting bond is the nature of the circumstances the offense. This means that the bond set for a charge like attempted murder will be set a lot higher than a situation when someone is accused of committing a crime of simple possession of marijuana.

Secondly, the judge will consider the factors outlined above when considering how much they should set an accused bond. For example, an individual who has a lengthy criminal record and is accused of committing a serious crime will more than likely have their bond set a lot higher than someone who has deep family ties in the area, stable employment, and a nonexistent criminal record.

If a friend or loved one of yours was recently arrested, contact me. I aggressively defend the constitutional rights of people of accused of committing crime and will ensure that all of the factors South Carolina judges consider when issuing a bond are addressed so your love one receives a reasonable bond.