Lexington DUI Bond Hearings

When someone is arrested for a DUI in Lexington, they are required by law to have a bond hearing within 24 hours. They will be booked and processed in the detention center as they await their bond hearing. A person’s bond hearing is typically their first appearance in court. At the bond hearing, the judge will explain the nature of the charges against the individual, what the penalties are, whether it is a felony or a misdemeanor, what the sentencing range is, and how much the charge carries.

The defendant should be advised of their rights, such as the right to a public defender if they are indigent and their basic constitutional rights. A seasoned lawyer who is experienced with Lexington DUI bond hearings could stand by your side and protect your rights throughout the legal process. Get in touch with an accomplished DUI attorney today if you are facing charges.

What to Expect at a Bond Hearing for a DUI

At Lexington DUI bond hearings, bond judges primary look at whether the bond amount will reasonably assure the individual’s appearance in court and whether the individual’s release would pose an unreasonable danger to the community or a specific person. In other words, bond judges seek to deter people from fleeing prosecution or being a danger to others.

If the defendant has a lawyer, they can advocate for a PR bond so that the individual will not have to go get a surety bond, such as a bail bondsman. Having strong ties to the community, owning their own home, and voluntarily turning themselves in can be reasons why someone would likely not be a flight risk, especially if they were born, raised, and live in South Carolina or Lexington.

To avoid being seen as an unreasonable danger to the community or a specific person, the individual should have no prior criminal record so that there would be no evidence that they pose any risk to anyone. Because people are presumed innocent of DUI charges until convicted, the point of bond hearings is not to punish the defendant.

Appearing for a Bond Hearing

An individual should appear at their bond hearing because they will not be released from jail otherwise. People must appear at Lexington DUI bond hearings not only to have the charges read to them by the bond judge but to have their constitutional rights presented to them and to notify them of their subsequent court dates. A bond hearing is a critical step in the process of advising the individual of what their bond has been set at, if it has been denied, whether it is a surety or personal recognizance, and the nature of the charges without getting into the specific facts of those charges.

Posting Bond Following a DUI

Because every Lexington bond judge is different and has total discretion, there is no set range at which they tend to set bails during bond hearings or arraignments in the process of DUI cases. Most bonds, however, can be anywhere from a PR bond, where the individual does not have to post anything with a surety up to approximately $5,000, to a $2,500 or $5,000 surety bond.

There is no set bail or bond amount amongst all judges for every DUI case. The facts, circumstances, and background of the case, as well as the person’s prior record, are often judges’ primary considerations, though each judge has different thoughts, feelings, and personal experiences that can influence their issuance of bonds.

Role of an Attorney During a Lexington DUI Bond Hearing

The role of the attorney during Lexington DUI bond hearings is to advocate on the defendant’s behalf about why they are not a flight risk, why there is no evidence that they would flee from prosecution, and why they do not pose an unreasonable danger to the community or a specific person. An individual’s attorney might focus on their ties to the community, their job, whether they own their home, how many years they have lived in that specific community, and any other facts demonstrating that the individual is not a flight risk. Someone’s prior criminal history is one of the most significant items that is reviewed when determining whether they pose an unreasonable danger to the community or a specific person. Their lawyer should point out all the reasons why that is not the case, as well.