Can Bail Be Reduced?
In South Carolina, a person who is arrested and charged with a crime may be required to pay bail in order to secure his or her release. The amount of bail is determined based on a number of different factors. This raises an important question: Can bail be reduced? The short answer is “yes.” Your lawyer can file a motion for a reduction of bail. Here, our Columbia criminal defense attorney provides a guide to seeking a reduction in bail in South Carolina.
What is Bail in South Carolina?
Under South Carolina Code Section 22-5-510, bail is the conditional release of a person charged with a crime before trial, by posting a bond to ensure court appearance. Once arrested, a defendant must receive a bond hearing within 24 hours and, upon posting bond, be released within four hours. In determining the amount and terms of bail, a South Carolina court evaluates a wide range of factors, including the offense, ties to the community, criminal record, and flight risk.
Bail Can Be Reduced in South Carolina
What happens if bail is very high? You have the right to seek a reduction. Indeed, bail can be reduced by the court in South Carolina in many criminal cases. If the initial bond set by a magistrate or municipal judge imposes undue financial strain, a General Sessions judge (or the same court on reconsideration) may modify the amount.
To initiate this process, your Columbia, SC criminal defense attorney will file a type of legal document called a “Motion to Reconsider Bond.” The court then reviews evidence such as employment, community ties, and ability to pay. A reduction is discretionary. Notably, the court may adjust bail downward, though it can also technically (in rare cases) adjust it upward.
Reasons Why a Reduction in Bail May Be Approved
How do you get bail reduced in South Carolina? Your Motion to Reconsider Bond should be well-supported by comprehensive evidence and solid grounds. Here are the most common reasons why courts in South Carolina approve a reduction of total bail:
- Inability to Pay: If the defendant or their family clearly lacks sufficient funds, the court may determine the original bail amount is excessive under the Eighth Amendment.
- Strong Community Ties: Stable relationships, such as family bonds, long-term residence, or active participation in local institutions, suggest the defendant is unlikely to flee.
- Steady Employment: Proof of reliable income or a job offer demonstrates stability and increases confidence that the defendant will attend court proceedings.
- Clean Criminal History and Court Compliance: Finally, the lack of prior convictions, no history of missed court dates, and compliance with prior bonds reduce perceived risk.
Get Help From Our South Carolina Criminal Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our South Carolina criminal defense attorney has extensive experience with bail. If you have any questions about seeking a reduction for bail, we are here to help. Contact us today for a fully confidential, no-obligation initial consultation. From our Columbia office, we provide criminal defense representation throughout the region in South Carolina.