Bail Process

Bail Bond Process

Although bail bond laws and processes may vary from state to state, this video by Aboutbail is good representation of how bail bonds work.  Call us now at ( 803) 888-2663 and we can get the process started for you and your loved one.

How Bail is Set

According to South Carolina Law, someone that has been arrested must have an initial hearing within 48 hours of being arrested.  Most counties have a Bail Schedule.  A Bail Schedule is a list of charges (misdemeanors) that have a predetermined amount of bail for each of the charges so if someone is arrested and charged with an offense that is on the bail schedule, within a few hours that person can begin to secure their release from custody.  If the charges are not on the bail schedule, the accused must wait to see a judge to determine the bail amount and this can take up to 48 hours.  The Judge will look at several factors including reason for arrest, prior criminal history, danger to community and risk of flight.  These factors will determine the amount of bail.  The judge can also deny bail.

Cost of Bail

There are multiple different ways to post bail in South Carolina and depending on the method you choose, the cost will be different.  Typically the accused will pay 10% to secure their release however there are several options available and therefore the cost will vary.  Below is a breakdown of the different ways the accused can secure their release from jail.

Types of Bail Bonds in South Carolina

  • Personal Recognizance Bond – better known as a PR Bond; a PR Bond requires no money to be paid to secure release of the defendant.
  • Cash Bond – A Cash Bond requires the full bail amount to be paid to the court to secure release of the defendant.
  • Surety Bond – A Surety Bond requires a percentage of the bail amount to be paid to a Bail Bond Agent and the Bail Bond Agent will post bond with the court to secure release of the defendant.
  • Percent Bond – A Percent Bond requires a percent of the bail amount to be paid to the court to secure release of the defendant.
  • Property Bond – A Property Bond requires property equal to the full bail amount be placed in the security of the court through a lien to secure release of the defendant.

What If Your Court Date is Missed

Once out on bond, the defendant is required to make all court appearances.  If a court appearance is missed, the court will issue a warrant for the arrest of the defendant.  This warrant will add an addition charge on top of the original charge the defendant is facing.  Depending on the type of bond the defendant is on, several things will happen.  If the defendant secured their release on a Cash Bond, the Cash Bond is Forfeited and the money is lost.  If the defendant secured their release using a percent bond, the bond is forfeited and the court will demand payment from the defendant and co-signers for the full amount of the bond.  If a Property Bond was used to secure release, the court will take ownership of the property.  If a Surety Bond was used, the court will allow the Bail Bond Agent time to find the defendant and return them to the court.  If the Bail Bond Agent does NOT return the defendant in the time allowed by the court, the court will demand payment from the Bail Bond Agent.