Does a Judge Like It When Motions.to Adjust Bond Conditions Happen Over and Over Again
Motility to Modify Bond Condition in SC: No Contact With Victim
If y'all are facing Domestic Violence criminal charges in SC, at your bond hearing, the approximate may accept ordered as a status of your bond that you have no contact with the victim in the Domestic Violence case. Since your arrest, things may have inverse dramatically and you and your wife, girlfriend or partner are ready to resume living together again. The victim in the case may not even want to pursue criminal charges. The incident may have been a ane fourth dimension issue and does not represent the way you and your loved one normally carry on in your relationship. The incident could be one bad night of too much alcohol.
With a "no contact with the victim society" in place, you may exist facing unforeseen struggles, such every bit how can we pay our rent, mortgage, light pecker, water bill, and other bills if nosotros can't take contact? How tin I financially back up my family unit if my wife doesn't piece of work outside the home and I am the primary breadwinner? How tin can we afford for my family to alive in our marital home while I accept to live somewhere different? What if nosotros have no extended family in S Carolina to help with daycare costs?
Offset, you must empathize that no matter what the circumstances are, you lot never should violate a judge's order. The only way to modify this lodge is to have a judge modify the lodge. You cannot unilaterally modify an order. You cannot start having contact even if the alleged victim in the case is calling you, texting y'all, or contacting you 90 times an hour. The victim is not under a no contact order -- y'all are. So you are the i who could go far trouble with the courts and the judge for not following the terms of your bond. You can accept your bond revoked and go to jail if you do not obey the orders of a guess.
So, how do you lot become the Judge to modify the no contact order so you and your family can be reunited? You may exist wondering how to file a motion, and what even is a motion? Y'all or your lawyer will handle filing a move to modify the terms of your bail to permit contact with the declared victim.
In this commodity y'all will acquire:
- What a motion to modify bail conditions is in South Carolina
- Whether a no contact order with the victim can be modified or inverse
- How no contact orders can be modified in Southward Carolina
Motions & Bond Hearings in Southward Carolina
If y'all are facing jail time and you lot can't afford to hire a private attorney, you could utilise for a public defender. There are qualifications to obtain a public defender. Many people think that they are "entitled" and will automatically become a public defender; that is not right. You lot must qualify for a public defender. In other words, you lot may or may not exist appointed a public defender, depending on your qualifications.
Public defenders' salaries are paid by the Government. There is a $40 application fee that you will be responsible for paying. Keep in heed that public defenders typically have heavy caseloads; they are attorneys just as private criminal attorneys are, but they don't accept the luxury that private attorneys accept to only take on equally many cases as they want to handle at one fourth dimension.
For example, when I was a prosecutor in Dorchester County, my caseload was commonly around 150 cases. Equally a private lawyer, I may have around 50 cases at a time. I have the ability to control which cases I take on that are a good fit for the constabulary firm. This allows me to accept ample time to spend on each client. If I feel my caseload is getting too large, I simply stop taking cases.
Basic of Motions
According to the Southward Carolina Courts, "A motion is a formal request, usually in writing, asking a gauge to issue an order or ruling."
Motions are used for all types of things in a criminal case. It is basically a piece of paper that tells the Guess, "this is what nosotros are asking for in this example… this is what we demand." The Government (the prosecutor assigned to the case, police enforcement, etc.) are copied on the movement filed on behalf of the defendant (Defendant) with the Clerk of Court's office.
Pro Se Litigants: Representing Yourself in Court
If you practise non have a lawyer, the courtroom classifies you as a "Pro Se litigant." If yous represent yourself, y'all must accept the legal skills and knowledge to file a motion to modify the terms of the bond.
You will not have an chaser present to advocate for you lot, or "take upwards" for you in court. You volition not have an attorney to tell the Judge what you lot need changed relating to the "no contact" order. You will not have an attorney looking out and advising y'all in courtroom considering you will be representing yourself.
Bond Hearings: What are they? How do they piece of work?
Your get-go court advent volition likely be a bond hearing. You won't accept to file a motility to have this first hearing. Everyone has the right to a timely bail hearing, and so you don't accept to file a motion for your first bail setting.
At a bond hearing, the Judge will set the conditions of bond. This may include a "no contact with the victim" provision. If you lot wish to take contact with the victim, you may and then consider a motility for bond modification hearing.
When To File a Bond Modification Motion
Bond modification motions are filed after the bond hearing and before any court date or trial. However, after your showtime bail hearing, your attorney or you will have to file a motion to alter the terms of your bond.
Typically the prosecutor or the clerk of court sets the bond hearing engagement, depending on the jurisdiction. Motions will oftentimes be heard in court, and you must be present if you don't have an attorney.
Filing a Motion
Motions are filed with the Clerk of Court's office. Once the motion is filed with the Clerk's office, either the Clerk'southward function or the prosecution (depending on the jurisdiction) will schedule a court date.
Motion Hearing Courtroom Dates
At the court date, the Accused or his/her attorney will explain verbally to the court and the prosecution what the Defendant needs (the Defendant requests to have contact with the victim and the reasons why).
Orders Modifying Bail
The Judge will typically rule on the move at that hearing and instruct either political party to prepare a written order denying or granting the move. Sometimes the Judge needs time to think about his/her determination. If that happens, the move will be taken "under advisement." At some later time, the Judge volition notify both sides (the Defendant and the Land) of the Judge'southward decision. If the Defendant'south motion is granted, the Defendant may have contact with the victim. If the Accused'due south motion is denied, the Defendant shall non have contact with the victim.
Sometimes the estimate may grant part of the motion and deny role of the move. For example, the estimate may rule that the Accused must consummate anger direction classes and evidence documentation of completion before the Court will consider allowing the Defendant to accept contact with the victim.
Accept questions about your SC bond weather condition?
Getting a no contact with the victim movement modified, heard, and ruled upon is a necessary step in order to have a bond condition changed.
As you can run across from this article, navigating this type of motion can be tricky without an attorney to help guide yous. Susan has handled numerous bond modification motions. Contact her today for a gratuitous consultation on bond modification motions.
Let's Talk Almost The Details of Your Case.
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