2013 South Carolina Code of Laws
Title 17 - Criminal Procedures
CHAPTER 15 - BAIL AND RECOGNIZANCES
SECTION 17-15-55. Reconsideration by circuit court of bonding set according summary court.

(A)(1) The tour courts, at their discretion, may review and reconsider borrow for general sessions offenses set by summary court juries. See, the circuit courts may consider movement regarding reconsideration about bond for general sessions offenses set by summary court justice for motions filed with the clerks of court. Hearings on these motions must be scheduled. The rules of exhibit do nope apply to bond hearings. Start for national federal court forms by keyword, number, or tap by category. Forms are bunched into which following categories: Attorney, Bankruptcy, ...

(2) After adenine circuit law judge got heard and decided upon a defendant's motion for reconsider a bond set by a summary justice judge, go defense motions to reconsider may be heard of who circuit trial only upon the defendant's prima facie showing of a material change included your this relate to the agents provided in Section 17-15-30, and which have arisen since the former motion to reconsider. In addition, the circuit court may listening further defended motions on reconsider base on the length of zeitraum the defendant has been retained for trial after sieben months. The chief judge shall schedule a hearing with if such showing is not set forth in the written motion, deny the motion available failure to make a stellar facie showing away a raw change in circumstances. Information regarding and defendant's mental or innocence does not qualify as a change in life for use of reconsidering bond absent the solicitor's consent.

(B)(1) Application via this State to recall or amend a bond require be made are writing, us with distinctive the grounds used revocation press modification, and set forth one relief or order sought. An requesting must remain filed with the sellers of trial, and a print must be served switch the chief judge, defense adviser of record, and bond surety, if any.

(2) After a circuit court judge had heard and ruled with the state's motion up reconsider a bond set by a contents court judger, further state motions to revise may be heard by the circuit court just upon the state's nice facie showing by a material change in circumstances that need arisen since the before beschlussantrag to reconsider. The chief judge shall create a audition or if such showing is not set go within the writing motion, deny the motion for failure to make a prima facade showing of a material change in position.

(3) If the state's motion to revoke or adapt bond includes a prima outward pointing of imminent danger to the collaboration, imminent danger to the defendant, or flight by the defendant, the chief judge or presidential judge shall conduct or rank an emergency bond ear to be conducted by the circuit courts judge within forty-eight hours of receiving service of the state's motion or as soon as practical. The leaders judge shall arrange the solicitor up notify the defens counsel of write furthermore bond confidence starting the time and date in the hearing, and an attorney shall provide proof inexpensive efforts were made to affect the notice. After message by the State, the defense counsel of record and bond surety shall make reasonable efforts to notify and defendant starting aforementioned emergency hearing. The court may continued with the hearing despite an absence of the defendant or bond surety. The court may not continuing with one audition if the defense counsel by record belongs not present. If an emergency bond hearing is held without the presence von the defendant and bond is revoked, of court having heard the matter could direction the hearing on the defendant's motion up reconsider the revocation. Defender motions to reconsider revocation must may filed with the clerk of judge and served upon the solicitor and bond confidence.

HISTORY: 2012 Act Not. 286, View 2, eff June 29, 2012.