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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33904
Experience:  16 yrs. of experience including criminal law.
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For a bond hearing, if the "victims" family doesnt want a

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For a bond hearing, if the "victims" family doesn't want a person to get a bond because of trumped up charges, why does the judge listen to them when the person could be on electronic monitoring on bond?
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

South Carolina law provides for significant "victim's rights". In the case of a bond hearing, it has not been established that the accused is guilty (since the accused in presumed innocent unless or until convicted at trial)...but the law still allows the victim to be present and to testify. This comes from South Carolina Statutes § 16-3-1525

So the victim does have the right to testify and speak their mind.

It is up to the judge to consider all of the evidence, including the testimony of the victim, in setting bail.

So to answer the question

if the "victims" family doesn't want a person to get a bond because of trumped up charges, why does the judge listen to them when the person could be on electronic monitoring on bond?

The answer is that the law requires the judge to consider the testimony of the victim in deciding bond.


Customer: replied 3 years ago.

If the "victim" is there lying, and that's later proven, does the "victim" go to jail for perjury and if so, who puts her there?

Possible. Sure. That would be up to the prosecutor. The prosecutor has discretion...so if it comes out that the "victim" is lying, then the accused (who now becomes the victim) can request to the prosecutor to prosecute the case.
Customer: replied 3 years ago.

One more thing. At the bond hearing, can the victim be made to get under oath before she starts talking?

The judge can...and typically will require them to speak under oath.
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