An arrest in Greenville County moves fast. Under South Carolina law, a person charged with a bailable offense must have a bond hearing within 24 hours of arrest (S.C. Code Ann. § 22-5-510(B)). At that hearing a judge decides whether the person goes home or stays in jail while the case moves forward. That decision shapes what follows, from whether someone keeps their job to whether they can help prepare their own defense.
Below, we walk through how the Greenville County bond court works, what the judge looks at, and how a Greenville criminal defense attorney can help with the steps to take right after an arrest. This is general information, not legal advice. A licensed South Carolina attorney at our firm must review the facts of a case before anyone relies on it.
What is Greenville County Bond Court?
Greenville County bond court is the first hearing after an arrest, where a magistrate judge sets the conditions required for a person to be released from custody while their criminal case is pending. The county’s bond court page lists the Bond Court office at LEC Room 116-A, 4 McGee St., Greenville, SC 29601, with an office phone number of 864.467.2402. Call the court or the Detention Center to confirm where and when a hearing will take place, because hearing schedules can change.
The 24-hour rule applies to bailable offenses. A magistrate cannot admit to bail a person charged with an offense punishable by death or life imprisonment, and a magistrate may deny bail for the violent offenses listed in the Code, so those cases go to a different judge or a different process (S.C. Code Ann. § 22-5-510(A)).
What Happens at a Greenville County Bond Hearing
At the hearing, the judge reviews the charge, the incident report, and the person’s background, then decides whether to release the person on a personal recognizance bond, release the person with conditions such as a surety bond, or, in limited cases, deny bail. South Carolina law starts from release on a personal recognizance bond for a noncapital offense unless the court decides that release will not reasonably assure the person’s appearance or would create an unreasonable danger to the community or an individual (S.C. Code Ann. § 17-15-10(A)). The rules of evidence do not apply to bond decisions, so the process moves quickly and informally compared to a trial (S.C. Code Ann. § 17-15-60).
A person is often still in custody and may not have a lawyer yet at the first bond hearing. An attorney can contact the court and the Greenville County Detention Center early, even before the hearing takes place.
Related: Learn more about what happens at a bond hearing.
Factors the Judge Considers
South Carolina law lets the court consider the nature and circumstances of the offense charged and the person’s:
- Family ties.
- Employment.
- Financial resources.
- Character and mental condition.
- Length of residence in the community.
- Record of convictions.
- Record of flight to avoid prosecution or failure to appear at other court proceedings.
The court must also consider the person’s criminal record, any pending charges, all incident reports for the offense charged, and whether the person is currently out on bond for another offense, along with other factors listed in the statute (S.C. Code Ann. § 17-15-30).
A judge weighing these factors is not making a judgment about guilt. Bond court exists to answer one question: Will this person show up for court and avoid danger to the community or an individual while the case is pending?
Related: Do you know what a bail bond is in South Carolina?
Types of Bond Available in Greenville County
South Carolina courts can order release under a few different arrangements:
- Personal recognizance (PR) bond. The person is released on their own recognizance, with no surety, in an amount specified by the court (S.C. Code Ann. § 17-15-10(A)).
- Surety bond. The court requires an appearance bond with good and sufficient surety. A licensed bail bondsman may post it for a premium that by law cannot exceed 15 percent of the face amount of the bond, with a minimum fee set in the statute (S.C. Code Ann. § 38-53-170(e)).
- Cash percentage in lieu of bond. In some cases, the court may allow the defendant to deposit up to 10 percent of the bond amount in cash with the clerk of court. This option does not apply to a defendant charged with a violent offense as defined in Section 16-1-60, or with a felony involving a firearm while out on bond (S.C. Code Ann. § 17-15-15).
- Property bond. A property owner can pledge real estate as collateral instead of cash. According to the Greenville County Clerk of Court, all owners of the property must appear in person with photo identification at the Clerk’s office and complete an application to pledge real estate, and you will need the warrant number, the charge, and the bond amount. The Clerk’s page says that if you do not have property or sufficient equity to pledge, you can use a licensed bonding company or post the full bond in cash (Greenville County Clerk of Court).
A judge can also add conditions of release, such as placing the person in the custody of a designated person or organization, or placing restrictions on travel, association, or place of abode (S.C. Code Ann. § 17-15-10(A)). A court may also order electronic monitoring in some cases (S.C. Code Ann. § 17-15-35).
What to Do After an Arrest, Before Bond Court
- Contact a criminal defense attorney as soon as possible, even before the hearing.
- Give your attorney accurate information about your job, family ties, and any prior record so they can speak to those factors at the hearing.
- Avoid discussing the details of the arrest with anyone other than your attorney.
- Ask a family member to gather proof of community ties, like a pay stub or lease, in case it helps at the hearing or in a later request to change the conditions of release.
Contact: Touma Law Group offers free consultations and case reviews!
Posting Bond and Getting Released
Once bond is set, it must be posted, either in cash, by a licensed bondsman, or by pledging property. The Greenville County Detention Center’s FAQ explains that paying a bond does not complete the release process, and that the Detention Center must receive judicial authorization before it begins release. The Detention Center says its goal is to release people within 4 hours of receiving judicial authorization, and state law provides that a person must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility (S.C. Code Ann. § 22-5-510(B)). Facility conditions can affect timing, so call the Detention Center at (864) 467-2309 for an estimate.
When a person is released, the court issues an order stating the conditions imposed and warning that a warrant for arrest will be issued immediately upon a violation (S.C. Code Ann. § 17-15-40). Missing a court date, or contacting a person covered by a no-contact order, can lead to a warrant, and a person released on bond who willfully fails to appear can face a separate criminal penalty (S.C. Code Ann. § 17-15-90).
Did you know? Touma Law Group represents people charged with DUI.
Greenville County Court Context
Greenville County is part of the 13th Judicial Circuit along with Pickens County (S.C. Code Ann. § 14-5-610). The Greenville County Courthouse is at 305 E. North Street, and the Clerk of Court’s office can be reached at (864) 467-8551. The Greenville County Detention Center is at 20 McGee Street.
For charges that carry the possibility of life imprisonment or the death penalty, a magistrate cannot set bail, so the bond decision is made by a different judge. If a bond already set feels out of reach, the court with jurisdiction over the offense may change the conditions of release after notice and a hearing (S.C. Code Ann. § 17-15-50), and an attorney can raise that request.
Why Choose Touma Law Group to Help
Founding partner Adam Touma began his career as an Assistant Public Defender in Greenville County before he opened the firm.
We contact the detention center and the court to find out when a hearing is scheduled, and we prepare to speak to the factors that matter most: community ties, employment, and the specific circumstances of the charge. If you or a loved one has a bond hearing coming up in Greenville County, don’t wait to get help. Call Touma Law Group at (864) 618-2323 to ask about a free case review. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on the general information on this page.
A person charged with a bailable offense must have a bond hearing within 24 hours of arrest (S.C. Code Ann. § 22-5-510(B)).
A personal recognizance bond releases someone without a surety, while a surety bond requires a bondsman or other surety to secure release. A bondsman’s premium cannot exceed 15 percent of the face amount of the bond (S.C. Code Ann. § 38-53-170(e)).
Possibly. The Greenville County Clerk of Court accepts pledges of real estate for surety bonds, and every owner listed on the property must appear in person with photo identification. The Clerk’s page does not say whether a particular property qualifies, so call the Clerk’s office before you go (Greenville County Clerk of Court).
Yes, in limited cases. The South Carolina Constitution allows bail to be denied to persons charged with capital offenses, offenses punishable by life imprisonment, or violent offenses defined by the General Assembly, after giving due weight to the evidence and the nature and circumstances of the event (S.C. Const. art. I, § 15).
