Being arrested in South Carolina can create immediate financial and legal pressure, especially when the bond amount is more than you can afford.
The good news is that a bond is not necessarily permanent.
Depending on the circumstances of your case, you may be able to ask the court to reduce the amount or change the conditions of your release.
So, can you get a bond reduced in South Carolina?
In some cases, yes.
South Carolina law gives courts authority to set and modify bond conditions. The circumstances of your case can affect whether a judge is willing to reconsider the original bond.
South Carolina Bond Reductions
A defendant can ask the court to reconsider a bond.
Whether the request succeeds depends on:
- The type of charge
- The original bond decision
- The defendant’s circumstances
- The factors the court must consider under South Carolina law
Under S.C. Code Ann. § 17-15-10, defendants charged with noncapital offenses are generally entitled to release on recognizance unless the court determines that their appearance is not reasonably assured or that release would pose an unreasonable danger to the community.
The court can also impose conditions on release, including a secured bond and restrictions involving travel, associations, or residence.
If you are unfamiliar with the initial process, our article, “What Happens After You Are Arrested in South Carolina,” provides a broader overview.
A bond-reduction request differs in that it focuses specifically on reducing a bond that has already been set.
What Does a Judge Consider When Deciding Whether to Reduce Bond?
South Carolina law identifies several factors that courts must consider when determining appropriate release conditions.
Under S.C. Code Ann. § 17-15-30, those factors include:
- The nature and circumstances of the offense
- Family ties
- Employment
- Financial resources
- Character and mental condition
- Length of residence in the community
- Criminal record
- Record of appearing in court
- Any history of flight or failure to appear
The court may also consider other information specifically identified by statute, including current and prior charges and other relevant circumstances.
This means that the amount of money you can afford is important, but it is not the only consideration.
The judge is also considering whether you are likely to appear in court and whether releasing you under certain conditions would pose a danger to others.
What Can Support a Bond Reduction Request?
A bond-reduction request should address the concerns that resulted in the original bond decision.
For example, circumstances may change after the initial bond hearing.
You may have:
- Secured stable employment
- Arranged a residence
- Identified someone who can help supervise you
- Developed a plan that addresses concerns about appearing in court
The important question is not simply whether you want a lower bond.
The request should explain why the court should reconsider the existing conditions.
Financial hardship can also be relevant.
If the bond is set at an amount you cannot realistically afford, the court may consider your financial resources in its overall bond analysis.
How Does a Motion to Reduce Bond Work?
The procedure can depend on the court involved and the circumstances of the case.
For certain General Sessions offenses, S.C. Code Ann. § 17-15-55 allows the circuit court to review or reconsider a bond set by a summary court.
The statute also addresses subsequent defense motions to reconsider bond and generally requires a prima facie showing of a material change in circumstances after a prior defense ruling.
A material change means there is a meaningful new circumstance that gives the court a reason to reconsider its earlier decision.
The specific facts of the case determine whether the circumstances meet that standard.
A bond hearing is also different from a trial.
The court is not deciding whether you are guilty or innocent. It is determining the appropriate conditions for release while the criminal case continues.
Can Bond Conditions Change Without Reducing the Dollar Amount?
Yes.
A request involving a bond does not necessarily have to focus solely on reducing the dollar amount.
South Carolina law allows courts to impose different conditions of release.
Depending on the circumstances, a defendant may seek changes to conditions involving:
- Travel
- Residence
- Associations
- Supervision
- Other requirements
For example, if a defendant cannot obtain release under the current conditions, changing a condition may provide another way to address the court’s concerns without focusing solely on the bond amount.
The specific conditions available will depend on the case and the court’s authority.
What If the Judge Does Not Reduce the Bond?
A denied request does not necessarily mean that every future request will be unsuccessful.
However, South Carolina law places limits on repeated requests for reconsideration.
Under S.C. Code Ann. § 17-15-55, subsequent defense motions to reconsider bond generally require a prima facie showing of a material change in circumstances since the previous defense ruling, or you must wait 6 months after your last request before asking for another modification.
That makes it important to understand why the original bond was set and what has changed since then.
If the issue involves missing a previous court date, that can create additional complications.
A failure to appear can potentially result in:
- A bench warrant
- Contempt proceedings
- Bond consequences
- Additional charges
You can learn more about these issues in our article, “Failure to Appear in Court in South Carolina.”
What Types of Bonds Are Available in South Carolina?
South Carolina recognizes several types of release arrangements.
Depending on the circumstances, a defendant may be:
- Released on personal recognizance
- Required to post a cash bond
- Required to use a surety bond
- Required to satisfy other conditions established by the court
South Carolina law also permits a qualifying defendant to deposit 10% of the bond in certain circumstances, rather than posting the full amount.
S.C. Code Ann. § 17-15-15 provides for this option but contains statutory exceptions, including certain violent offenses and certain felony firearm offenses committed while the defendant was already on bond or pretrial release.
The fact that a 10% option may exist does not mean every defendant qualifies.
The charge and circumstances matter.
What Happens If You Violate Bond Conditions?
Getting a bond reduced can provide greater flexibility, but the conditions of release still matter.
Violating a condition can lead to additional court proceedings and may affect your ability to remain out of custody while the criminal case is pending.
For example, restrictions involving contact with another person can become especially important in domestic violence cases.
If your bond includes a no-contact condition, violating it can create serious legal problems, even if the other person agrees to communicate with you.
If your case involves allegations of domestic violence, our South Carolina domestic violence defense information provides additional information about how these cases can affect a defendant.
What If You Cannot Afford Your Bond?
If you cannot afford the set bond amount, do not assume your only option is to remain in jail until the criminal case is resolved.
The appropriate next step depends on:
- The charge
- The court that set the bond
- The reasons for the original amount
- Whether circumstances have changed
A South Carolina criminal defense lawyer can review the bond order and determine whether there is a basis to request a reduction, modification, or reconsideration.
Our South Carolina criminal defense practice provides additional information about the types of criminal cases we handle.
Frequently Asked Questions About Bond Reduction in South Carolina
Can I ask for a lower bond after my first hearing?
Potentially.
The court may reconsider bond, but the applicable procedure depends on the case and court.
For subsequent motions, S.C. Code Ann. § 17-15-55 requires a prima facie showing of a material change in circumstances.
Does having a low income automatically qualify me for a lower bond?
No.
Financial resources are one factor the court considers, but the judge must consider the broader circumstances identified by South Carolina law.
Can my bond conditions be changed without lowering the bond?
Potentially.
South Carolina law allows courts to impose and modify conditions of release.
A request may address conditions other than the dollar amount of the bond.
Can I travel while I am out on bond?
It depends on the conditions imposed in your case.
Do not assume that being released on bond gives you unrestricted permission to travel.
Review the specific conditions of your release before leaving South Carolina.
Should I hire a lawyer to request a bond reduction?
You are not required to have a lawyer in every bond proceeding, but legal representation can help you understand the applicable procedure, identify relevant circumstances, and present a focused request to the court.
Talk to a South Carolina Criminal Defense Lawyer About Bond Reduction
If your bond is unaffordable or the circumstances of your case have changed, it may be worth having the bond reviewed.
The right approach depends on the charge, the court, the original bond decision, and the facts that support reconsideration.
Seaton, Duncan & Holmes can review your situation and explain the available options.
Contact the firm HERE to discuss your case and determine what steps may be appropriate.
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