In the state of South Carolina, individuals who have been convicted of a felony and are awaiting the outcome of their appeal have the option to apply for a post-conviction bond. This bond allows the convicted person to be released from custody while their appeal is pending. However, there are certain requirements and considerations that need to be taken into account when applying for a post-conviction bond in South Carolina. In this blog post, we will explore the process of obtaining a post-conviction bond in South Carolina for felony convictions and discuss the key factors that are taken into consideration by the court.
Eligibility for a Post Conviction Bond
Meeting the Criteria
- The convicted person must have been sentenced to a felony and have filed an appeal.
- The appeal must be based on a substantial issue of law or fact that, if decided in favor of the appellant, would likely result in a reversal, a new trial, or a lesser sentence.
- The convicted person must not pose a danger to the community or be a flight risk.
Factors Considered by the Court
- The seriousness of the offense and the potential harm to the community.
- The strength of the appellant's appeal and the likelihood of success.
- The appellant's criminal history and previous record of appearing for court proceedings.
- The appellant's ties to the community, such as family, employment, and property ownership.
- The appellant's financial resources and ability to post a bond.
The Application Process
Filing the Application
- The convicted person or their attorney must file an application for a post conviction bond with the court.
- The application should include a detailed explanation of the grounds for the appeal and any supporting evidence.
- The application should also address the factors considered by the court and provide information on the appellant's ties to the community and financial resources.
Court Hearing
- Once the application is filed, the court will schedule a hearing to consider the request for a post conviction bond.
- The appellant and their attorney will have the opportunity to present arguments and evidence in support of the bond.
- The prosecution may also present arguments opposing the bond.
Court's Decision
- After considering all the evidence and arguments presented, the court will make a decision on whether to grant the post conviction bond.
- If the bond is granted, the court will set the amount of the bond and any conditions that the appellant must comply with while released on bond.
- If the bond is denied, the appellant will remain in custody until the outcome of the appeal.
Conclusion
Obtaining a post conviction bond in South Carolina for felony convictions is a complex process that requires meeting certain criteria and presenting a strong case to the court. The court considers various factors, such as the seriousness of the offense, the strength of the appeal, and the appellant's ties to the community, in making its decision. It is important for individuals facing felony convictions and seeking a post conviction bond to consult with an experienced attorney who can guide them through the application process and present a compelling case to the court.
