When a person threatens, stalks, or assaults another person and it is categorized as Charleston domestic violence lawyer, it may result in your inability to bond out of jail immediately. Although you are entitled to have a bond set soon after your arrest, it may take a while to be released from jail. The bond setting will usually be conducted by a Magistrate Judge, and these hearings typically happen daily, even on the weekends and holidays.
According to South Carolina statutes, the judge will be concerned about whether or not you are a flight risk and whether you are a threat to the community. The victim of the crime will also be notified of the hearing and will be allowed to attend. The bond may either be a personal recognizance bond, which means the defendant can sign themselves out, or a cash bond. In the case of a cash bond, the defendant’s family or the defendant themselves may post the amount with the court or hire the assistance of a bail bondsman.
Bond Restrictions in South Carolina
In addition to the amount of the bond itself, South Carolina courts may also impose additional restrictions. The most common is to require the defendant to have no contact with the victim. This stipulation may be imposed even if the victim doesn’t believe that the defendant is a threat to them. If a ‘no contact’ provision is put into place, a violation of the stipulation can result in contempt of court charges, which can result in 30 or more days in jail. There are no exceptions, even if the defendant and victim share a residence.
The judge may also order you to not have contact with the victim or their family members. The contact may not only include face-to-face contact, but also contact that is made verbally by phone, other electronic means, or through a third party. You may also not be allowed to carry a firearm. You will also not be allowed to visit a domestic violence shelter. If you violate this stipulation, it could add more charges that may result in up to $5,000 in fines and five years in jail, depending on the situation.
You may also be ordered to not injure, remove, or damage certain items from the property. You may not be able to drink alcohol and may have limited child visitation or have to have child visitation at certain locations and times where the visitation may be supervised.
Contact a Charleston Criminal Defense Attorney Today
If you are facing criminal charges for domestic violence or another crime, you need to have representation from a Charleston criminal defense attorney. The Charleston criminal defense attorneys at the David Aylor Law Offices can review the terms of your bond to ensure that you do not violate any of them and help create a defense strategy to ensure the best possible outcome for your charges. We may also be able to help you reduce the terms of your bond and secure fewer stipulations as well. Contact us today to schedule a consultation.
David Aylor is a Criminal Defense Attorney who practices in Charleston, Walterboro, and Myrtle Beach, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 11 years. David Aylor believes in defending the accused. Learn more about his experience by clicking here.