For more serious offenses, a defendant may be required to post bail to be released before trial. While not required for all crimes in South Carolina, bail may be set when there is a concern for public safety or that the defendant may try to flee. While bail may be granted if you have been arrested for domestic violence, it may be set higher if you are charged with a felony offense. In this blog, our domestic violence attorneys in Greenville, SC, discuss the factors the court considers when setting bail and the importance of working with experienced counsel.
Domestic Violence Charges Not Eligible for Bail
Whereas most domestic violence charges are bailable offenses, an exception applies to domestic violence in the first degree and domestic violence of a high and aggravated nature. That’s because these two domestic violence charges are considered violent crimes. A person may be charged with domestic violence in the first degree if there are certain aggravating circumstances present, including causing the victim great bodily injury, having two or more domestic violence convictions in the past ten years, or if the violence occurred during the commission of another crime.
Domestic Violence First Degree and DVHAN Explained
The most serious type of domestic violence charge in South Carolina, domestic violence of a high and aggravated nature (DVHAN), is also prohibited from bail. A DVHAN charge is reserved for cases in which the accused shows an “extreme indifference to the value of human life.” In DHVAN, the accused will either cause the victim “great bodily injury” or fear for their safety. Great bodily injury involves either serious or permanent disfigurement or the loss or impairment of a certain bodily function or organ.
Factors Courts Consider When Setting Bail
According to SC Code §22-5-510, the following criteria related to the defendant may be evaluated by the court in deciding whether bail will be granted:
- Family ties
- Employment
- Financial resources
- Character and mental condition
- Length of residence in the community
- Criminal history
- Whether the defendant has ever fled law enforcement or failed to appear in court
Additional Considerations That Can Affect Bail Decisions
- If the defendant has any pending criminal charges
- Any incident reports as a result of the current charges
- Whether the person is an illegal alien and considered a flight risk as a result
- If the person appears in the state gang database maintained by the State Law Enforcement Division (SLED)
- Whether the individual is currently out on bond for another criminal offense
- Any other factors that will help the court in determining the conditions of release
In some cases, a person may be released on their own personal recognizance, known as a PR bond. This allows the defendant to be released without payment, on the condition that they return to court as scheduled.
How a Domestic Violence Attorney Can Help Reduce Bail
A domestic violence lawyer can be instrumental in advocating for a lower bail amount. If the bail amount set is excessive, you do have the right to request a bail reduction hearing to lower your bail to a reasonable amount. In filing this motion, your attorney will highlight your character, including your involvement in the community, family ties, and your lack of being a flight risk. When you work with Eppes & Plumblee, you can rest assured that your rights will be safeguarded.
Speak with Our Domestic Violence Lawyers Today
Allegations of domestic violence can threaten your personal and professional life. At Eppes & Plumblee, our domestic violence attorneys are dedicated to helping individuals protect their good name. That starts with posting bail. If you are ready to safeguard your rights, contact us today to schedule your confidential case consultation with a member of our legal team. Our office can be reached online or by phone at (864) 581-3450.