For most people, spending weeks or months in jail while waiting for court dates or a trial is not realistic. In South Carolina, a person charged with a noncapital offense must be released on his or her own recognizance, without a surety, unless the court decides that release will not reasonably assure the person’s appearance or that unreasonable danger to the community or an individual will result. When the court reaches that conclusion, it may require conditions of release, including a bond with a surety the court approves (S.C. Code Ann. § 17-15-10). If you have never had to deal with posting bond before, it can be confusing and stressful, especially when you do not know where the money will come from.
Your first call after your arrest should be to a criminal defense attorney, before your bond hearing. Every person accused of a crime has the right to be heard in his or her defense by counsel (S.C. Const. art. I, § 14). Touma Law Group has offices in Greenville, Columbia, and Anderson, and our Greenville office is located at 531 S Main St. Call 864-618-2323 to discuss your options with an attorney.
What Is Bail?
A person charged with a bailable offense must have a bond hearing within 24 hours of arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the jail (S.C. Code Ann. § 22-5-510). At the hearing, the judge decides whether you can be released, sets the amount of any bond, and sets the conditions of your release. In deciding, the judge may consider the nature and circumstances of the offense and your family ties, employment, financial resources, character and mental condition, length of residence in the community, record of convictions, and any record of flight or failure to appear in court (S.C. Code Ann. § 17-15-30).
Bail works as a promise, backed by money or property, that you will come to court. Generally, your family, your lawyer, or a bonding company deposits the bail with the clerk of court, and the clerk gives a release letter that is taken to the detention center to begin your release, according to the South Carolina Judicial Branch FAQ on criminal court. The bond is conditioned on your appearing in court as required (S.C. Code Ann. § 17-15-20), and when you are released the court must give you an order listing the conditions and the penalties for violating them, which you must acknowledge in writing (S.C. Code Ann. § 17-15-40).
If you violate the conditions of your release, including by missing a court date, the court must issue a bench warrant, and the bond is forfeited if the surety does not surrender you or place a hold on your release within 90 days of the warrant (S.C. Code Ann. § 38-53-70). Willfully failing to appear is also a separate crime. If you were released on a felony charge, the penalty is a fine of up to $5,000, up to five years in prison, or both, and for a misdemeanor with a maximum sentence of at least one year, it is a fine of up to $1,000, up to one year in prison, or both (S.C. Code Ann. § 17-15-90).
If a bench warrant is issued, the police are not the only ones who may look for you. A surety may arrest the defendant to surrender him or her to the court before the bond is forfeited (S.C. Code Ann. § 38-53-60).
How Can I Pay My Bond?
The method of payment depends on what the judge allows. The Judicial Branch FAQ describes several options, and the statutes set the rules for each.
- Cash percentage. If the court permits it, you may deposit with the clerk of court up to ten percent of the bond amount in cash. The clerk returns the deposit when you fulfill the conditions of the bond, but if you do not assign it to someone else the court may use it to pay restitution to the victim. This option does not apply if you are charged with a violent offense or with a felony involving a firearm while out on bond, in which case the full bond must be posted in cash (S.C. Code Ann. § 17-15-15).
- Full cash deposit. You may deposit the full amount of the bond in cash in place of a bond, and you are entitled to a receipt (S.C. Code Ann. §§ 17-15-190 and 17-15-210). The money is returned on application to the court when the purposes of the deposit have been accomplished (S.C. Code Ann. § 17-15-220).
- A licensed bondsman. A bondsman may accept from the defendant nothing of value except the premium, which may not exceed 15 percent of the face amount of the bond, with a minimum fee of $100 or ten percent of the bond, whichever is greater (S.C. Code Ann. § 38-53-170). The bondsman may also accept collateral that is reasonable in relation to the amount of the bond, which must be returned within ten days after the bondsman’s liability on the bond ends unless a bench warrant has been issued.
- Property. A surety may pledge real property to the court as collateral, and the surety may lose the property if the defendant violates the terms of release (Judicial Branch FAQ).
I Can’t Afford My Bond
If you cannot afford to pay the full bond in cash, ask your attorney whether the court will allow the cash percentage option described above, or consider a licensed bondsman. A surety is liable together with the defendant for the amount of the bond if it is forfeited (S.C. Code Ann. § 38-53-10), so read any agreement carefully and ask what you would owe if the bond is forfeited.
Learn More: What To Do After a DUI in Greenville
You or your attorney can also ask the court to reconsider the amount. A General Sessions judge can increase or decrease a bond set by a magistrate or municipal judge, and the request is made by filing a Motion to Reconsider Bond with the clerk of court (Judicial Branch FAQ; S.C. Code Ann. § 17-15-55).
I Was Denied Bail, What Can I Do?
South Carolina’s Constitution provides that all persons are bailable before conviction by sufficient sureties, but bail may be denied to persons charged with capital offenses, offenses punishable by life imprisonment, or violent offenses defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event (S.C. Const. art. I, § 15). Magistrates may deny bail for the violent offenses listed in S.C. Code Ann. § 16-1-60 (S.C. Code Ann. § 22-5-510).
When bail is allowed but the judge is concerned about whether you will return to court or about safety, the judge may add conditions instead of keeping you in jail. The court may place you in the custody of a designated person or organization, restrict your travel, associations, or place of residence, require you to return to custody after certain hours, or impose other conditions reasonably necessary to assure your appearance (S.C. Code Ann. § 17-15-10). The court may also order electronic monitoring, either in place of a bond or as an additional condition (S.C. Code Ann. § 17-15-35). The court that has jurisdiction of the offense may amend the conditions of release after notice and a hearing (S.C. Code Ann. § 17-15-50). An attorney can explain which of these options may apply to your charge.
What Is A Recognizance Bond?
You may be eligible to be released without paying bail at all. Known as release on your own recognizance, or a “PR bond,” this is the default for a person charged with a noncapital offense unless the judge decides that it will not reasonably assure your appearance or that unreasonable danger will result (S.C. Code Ann. § 17-15-10). When you are released on a personal recognizance bond, you give the court your word that you will appear and you acknowledge a debt to the court equal to the amount of the bond, which you owe if you break the conditions (Judicial Branch FAQ). The judge must consider your criminal record, any pending charges, and whether you are out on bond for another offense, along with the other factors the statute lists (S.C. Code Ann. § 17-15-30).
There Is No Need To Spend More Time In Jail Than Necessary
If you can, speak with a criminal defense attorney before your bond hearing, because the hearing happens within 24 hours of arrest. An attorney can gather and present to the judge information about the factors the court may consider, such as your family ties, employment, and length of residence in the community, and can explain the conditions the court may set. The judge makes the decision, and no attorney can promise a particular result.
If you have been arrested in Greenville, SC or anywhere in the Upstate, call Touma Law Group at 864-618-2323 as soon as possible to discuss your case and your bond options.
