Bond Hearing

Bond proceedings in Charleston County are conducted three times a day Monday thru Friday (10am, 2pm & 6pm), twice a day on Saturday, Sunday and holidays at 10am and 2pm. The bond proceeding take place at the Charleston County Centralized Bond Court located at 3831 Leeds Avenue, Suite 200, North Charleston, SC 29405. Two things are usually accomplished in this proceeding. First, the defendant is advised of the nature of the charges and is also advised of the rights afforded to him by the law. Second, a bond is set by the magistrate. If a defendant is charged with a capital offense, or one which might be punishable by life imprisonment, however, the magistrate, by law, cannot set the bond. It must be set by a Circuit Court Judge. Also, the magistrate might deny bond in certain cases involving violent crimes. Defendants are not required to enter a plea at the bond proceeding.

Bond proceedings are governed by a number of statutes and an order from the Chief Justice, with which every magistrate must comply. Any person charged with a noncapital offense is entitled to be released on a personal recognizance bond, without surety, unless the court determines in its discretion that such a release will not reasonably assure the appearance of the person as required or unreasonable danger to the community will result. Victims are entitled to attend bond hearings and/or advise the magistrate of problems they anticipate encountering if a defendant is released on bond.

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Preliminary Hearing Court

Pursuant to Rule 2 of the South Carolina Rules of Criminal Procedure, every defendant charged in a warrant or uniform summons with an offense triable in the General Sessions Court is entitled to a preliminary hearing solely to determine whether sufficient evidence exists to warrant the defendant's detention and trial. Preliminary hearings are held daily at the Centralized Preliminary Hearing Court located at 3831 Leeds Avenue, Suite 100, North Charleston, SC 29405. The defendant or his attorney may cross-examine, or question, any witnesses who testify at a preliminary hearing, but defendants cannot testify, present evidence, or call witnesses. If the State does not present sufficient evidence at the preliminary hearing nor has no evidence to establish probable cause, the defendant is discharged. A discharge by a magistrate at a preliminary hearing, however, does not prevent the State from seeking a direct indictment for the same charge before the grand jury. If neither the defendant nor his attorney appear for the preliminary hearing, the hearing will be deemed waived. Additionally, the Centralized Preliminary Hearing Court in Charleston County has been given authorization by the S.C. Supreme Court to consider and act on motions for bond reductions and modifications.

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