TEMPLATE

STATE OF SOUTH CAROLINA

[COUNTY] COURT OF GENERAL SESSIONS

[// GUIDANCE: Replace all bracketed text with matter-specific information. Add or delete paragraphs to conform to the facts of your case and the local rules of the presiding judge.]

TABLE OF CONTENTS

1. Introduction and Relief Requested
2. Procedural Background
3. Applicable Legal Standards
4. Argument
    4.1 Statutory Bail Factors (S.C. Code Ann. § 17-15-30)
    4.2 Constitutional Considerations (S.C. Const. art. I, § 15)
    4.3 Changed Circumstances / New Information
5. Proposed Alternative Conditions of Release
6. Conclusion and Prayer for Relief
7. Verification
8. Certificate of Service

1. INTRODUCTION AND RELIEF REQUESTED

COMES NOW the Defendant, [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, pursuant to S.C. Code Ann. §§ 17-15-10, -20, -30, and S.C. Const. art. I, § 15, and respectfully moves this Honorable Court for an order:
a. Reducing Defendant’s current bail from $[CURRENT AMOUNT] to $[REQUESTED AMOUNT]; and
b. Modifying existing bond conditions as set forth herein.

2. PROCEDURAL BACKGROUND

1. On [DATE], Defendant was arrested and charged with [OFFENSE(S)] in violation of [STATUTORY CITATION].
2. At the initial bond hearing on [DATE], bail was set at $[CURRENT AMOUNT] with the following conditions: [LIST CURRENT CONDITIONS].
3. Since that hearing, the following material circumstances have changed and/or additional information has become available:
    a. [E.g., Defendant has secured stable employment at…]
    b. [E.g., Discovery provided by the State indicates…]
    c. [E.g., Defendant’s health conditions have worsened…]
4. Defendant has remained in pretrial detention at [FACILITY] for [NUMBER] days pending trial currently scheduled for [TRIAL DATE].

3. APPLICABLE LEGAL STANDARDS

1. Bail must be set in an amount that “will reasonably assure the appearance of the person as required and the safety of any other person and the community.” S.C. Code Ann. § 17-15-30(1) ([YEAR]).
2. The South Carolina Constitution guarantees that “all persons shall, before conviction, be bailable by sufficient sureties,” except for capital offenses or offenses punishable by life imprisonment when proof is evident or the presumption great. S.C. Const. art. I, § 15.
3. In determining bail, the Court must consider the thirteen statutory factors enumerated in § 17-15-30(B).
4. The Court retains continuing jurisdiction to revisit bond orders upon a showing of good cause or changed circumstances. See S.C. Code Ann. § 17-15-20.

4. ARGUMENT

4.1 Statutory Bail Factors

Pursuant to S.C. Code Ann. § 17-15-30(B), Defendant addresses each factor seriatim:

1. Nature and Circumstances of the Offense.
    • [Insert concise, mitigating description; e.g., property crime with no weapon or violence.]

2. Family Ties.
    • [Defendant is the primary caregiver for two minor children, ages…]

3. Employment.
    • [Full-time employment offer letter attached as Exhibit A.]

4. Financial Resources.
    • [Defendant’s monthly income is $____; current bail is financially prohibitive.]

5. Character and Mental Condition.
    • [No history of mental illness; strong community support letters attached as Exhibit B.]

6. Length of Residence in the Community.
    • [Lifetime resident of ______ County.]

7. Record of Convictions.
    • [One prior non-violent misdemeanor in 2016; no felony convictions.]

8. Previous Failures to Appear.
    • [None.]

9. Record of Flight to Avoid Prosecution.
    • [None.]

10. Other Persons Likely to Assist in Flight.
     • [None known.]

11. Prior Bail Status.
     • [Defendant has previously complied with all bond conditions in prior case 20XX-GS-XX-XXXX.]

12. Safety of the Victim and the Community.
     • [No allegations of violence; proposed no-contact order to protect purported victim.]

13. Any Other Factors.
     • [COVID-19 medical vulnerability; overcrowded jail conditions.]

4.2 Constitutional Considerations

1. Excessive bail is prohibited under both the Eighth Amendment to the U.S. Constitution and Article I, § 15 of the South Carolina Constitution.
2. The current bail amount is tantamount to a de facto denial of pretrial liberty given Defendant’s limited financial means.

4.3 Changed Circumstances / New Information

1. [Detail new exculpatory evidence, plea negotiations, health deterioration, etc.]
2. [Attach supporting affidavits or exhibits as necessary.]

5. PROPOSED ALTERNATIVE CONDITIONS OF RELEASE

Should the Court find continued conditions necessary to assure appearance and community safety, Defendant is willing to consent to any or all of the following:
a. Electronic GPS monitoring at Defendant’s expense;
b. Weekly in-person check-ins with the [COUNTY] Pretrial Intervention Office;
c. Curfew from [TIME] p.m. to [TIME] a.m.;
d. No-contact order with [ALLEGED VICTIM / WITNESSES];
e. Surrender of passport and travel restricted to [COUNTY] and contiguous counties;
f. Participation in [PROGRAM], if deemed appropriate.

[// GUIDANCE: Tailor proposed conditions to local programs actually available in the relevant county jurisdiction.]

6. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that this Court:
1. Reduce Defendant’s bail to $[REQUESTED AMOUNT];
2. Modify bond conditions as proposed in Section 5 above; and
3. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of ____, 20__.

7. VERIFICATION

I, [ATTORNEY NAME], counsel for Defendant, hereby certify that the factual statements set forth herein are true and correct to the best of my knowledge, information, and belief formed after reasonable inquiry.

[ATTORNEY NAME], S.C. Bar No. [#####]
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]

Attorney for Defendant

8. CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing Motion for Reduction of Bail and to Modify Bond Conditions, together with all referenced exhibits, was served upon the Office of the Solicitor for the [JUDICIAL CIRCUIT] Judicial Circuit via [METHOD] on this ___ day of ____, 20__.

[ATTORNEY NAME]

[// GUIDANCE: Depending on local practice, include a proposed order as a separate document for the judge’s convenience.]