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BOND HEARINGS & CONDITIONS OF RELEASE
in South Carolina

This page provides a general overview of bond hearings and conditions of release under South Carolina law. It is intended for informational purposes only and does not constitute legal advice. Individuals facing criminal charges should consult a licensed South Carolina criminal defense attorney regarding their specific circumstances.

What Is a Bond Hearing?

A bond hearing is a judicial proceeding in which a court determines whether an individual charged with a criminal offense may be released from custody and, if so, under what conditions. Bond hearings may occur:

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  • At the time of arrest before a magistrate, or

  • At a subsequent court appearance, typically within twenty-four (24) hours

Not all cases require a formal bond hearing. In some instances, bond may be set administratively or by a magistrate based on the charge and statutory criteria.

Judicial Authority Governing Bond Hearings

Bond determinations in South Carolina are governed by statute and judicial discretion. Under S.C. Code Ann. § 17-15-10, courts are authorized to grant or deny bail subject to statutory limitations and public safety considerations.

The court’s primary objectives in setting bond are to:

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  • Ensure the defendant’s appearance at future court proceedings

  • Protect public safety

  • Maintain the integrity of the judicial process

Factors Courts Consider When Setting Bond

When determining bond and conditions of release, courts may consider a range of factors, including:

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  • The nature and seriousness of the charged offense

  • The defendant’s prior criminal history

  • Risk of flight

  • Employment and community ties

  • Prior compliance with court orders

These factors are evaluated on a case-by-case basis, and no single factor is determinative.

Types of Bond Outcomes

Bond hearings may result in several possible outcomes, including:

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  • Personal Recognizance (PR) Bond, allowing release without financial security

  • Secured Bond, requiring financial assurance

  • Conditional Bond, imposing specific restrictions or obligations

  • Bond Denial, in limited circumstances prescribed by law

Conditions of Release

When bond is granted, the court may impose conditions pursuant to S.C. Code Ann. § 17-15-30. Common conditions of release may include:

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  • Mandatory court appearances

  • Restrictions on travel

  • No-contact orders with alleged victims or witnesses

  • Prohibitions on certain activities or conduct

The Bond Judge may impose additional types of requirements, like GPS Monitoring, Drug & Alcohol Counseling, classes or other conditions related to your charges. Additionally, your Bail Bondsman may request that your Judge institute some additional conditions. 

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In addition to the Conditions of your Bond with the courts, your Bondsman may have requirements you will have to adhere to, to remain in good standing with your Bond Contract. Your Bondsman will discuss these with you.

Conditions of release are legally binding and remain in effect until modified by the court or until the case concludes.

Compliance With Bond Conditions

Compliance with all bond conditions is mandatory. Failure to adhere to court-ordered conditions may result in:

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  • Revocation of bond

  • Issuance of a bench warrant

  • Re-arrest and detention

  • Additional legal consequences

Bond compliance is a critical component of remaining released while a criminal case is pending.

Modification of Bond Conditions

Bond amounts and conditions may, in certain circumstances, be modified by the court. Modifications typically require:

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  • A formal motion

  • Judicial review

  • Consideration of updated facts or circumstances

Only the court has authority to alter bond conditions once they are imposed.

Relationship Between Bond Hearings and Bail Bond

Bond hearings determine eligibility for release and applicable conditions. Bail Bonds may be used as a mechanism to satisfy secured bond requirements but do not alter court-imposed conditions or legal obligations.

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Bail bonds facilitate release from custody but do not resolve the underlying criminal charges.

Purpose of This Resource

This page is intended to provide a clear, statute-based explanation of bond hearings and conditions of release in South Carolina. It serves as a general educational reference for individuals and families navigating the criminal justice process.

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This information is not a substitute for legal representation or individualized legal advice.

Printable Version for Attorneys (PDF)

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