Bail Bond Hearings in South Carolina
Trying to figure out where a family member or friend is, and how to get them out of jail, can be an incredibly frustrating and stressful experience.
Which jail are they being held in? What court will set their bond? Can I attend the bond hearing?
The answers to these questions depend primarily on where the person was arrested and what they were charged with – if you contact the Law Office of Grant B. Smaldone, we can determine where the person is being held and where the bond hearing will be, and we can help to get them released if possible.
Where Will My Bond Hearing Be?
If you were charged with murder, or any other offense that carries a potential penalty of life in prison, your bond hearing must be in General Sessions Court – depending on whether you have an attorney and how soon you file a motion to set bond, it could be weeks or months before you get a bond hearing.
First-degree burglary is an exception to this rule – although burglary 1st degree carries a potential sentence of up to life in prison, your bond hearing should be held in front of a magistrate or municipal court judge within 48 hours of your arrest.
In every other case, your bond will be set at a hearing before a magistrate or municipal court judge within 48 hours of your arrest – in most cases, the bond hearing will be the morning after your arrest, but it can be delayed to allow the jail staff time to notify any alleged victims of the hearing date and time.
What are the Types of Bond in SC?
There are four types of bond in SC:
- Surety bonds require a bondsman to secure your bond before you can be released. You will have to pay the bondsman a fee. The bondsman’s fee is typically 10% of the total bond amount, but it can vary depending on your circumstances. The bondsman may also require additional collateral or a third party to sign for you.
- Cash bonds require you to pay the full amount of your bond to the clerk of court – if you appear for your court dates, the clerk will return the bond, minus administrative fees, at the end of your case.
- 10% bonds require you to pay only 10% of the total bond amount to the clerk, and the funds are returned at the end of the case, minus administrative fees.
- PR or personal recognizance bonds don’t require you to pay anything – although a bond amount is set, you will be released pending your court date. If you do not appear, you will then have to pay the full amount of bond to the court.
How Do I Get a PR Bond in SC?
PR bonds are generally given to people with minor charges who do not have a significant criminal history. The factors that the bond judge will consider include:
- The nature of your charges and the allegations against you;
- Whether you are employed;
- If you have family or other ties to the community;
- Whether you are a flight risk; and
- Whether you are a danger to the community.
Can I Get a Bond Reduction in SC?
If you are unable to pay the bond that was set, or if the Court has denied your bond, you may be able to file a motion, schedule a hearing, and ask the Court for a bond reduction.
In some cases, we will have to demonstrate a change in circumstances to the Court. In other cases, we can request a bond reduction based on the amount of time that has passed and your inability to post bond.
Criminal Defense and Bail Bond Lawyer in Charleston, SC
If you contact us immediately before or after your arrest, our first priority is to help you get out of jail, back home to your family, and back to work. If you’ve been arrested in the Charleston, Georgetown, or Myrtle Beach area, call now at (843) 808-2100 or fill out our online contact form to talk to a Charleston, SC bail bond attorney.