The Bail Bonds Process in South Carolina

The process of writing a South Carolina bail bond has to do with acquiring a defendants release for a monetary fee. By taking in a fee our bondsman can insure that the defendant will show up to court on the date mandated by the judge. The defendant’s fee or bond amount is usually determined by a judge or a fee table. The system of bail exists so that the defendant can have the opportunity to continue his or her life while waiting for their trial to end.

When someone is arrested, they are generally placed in custody and then taken to a police station that could be of a city or state. The suspect is interviewed and asked to give up all the information they might now regarding the crime. The suspect must give basic information along with taking a photo, going through fingerprinting, and a background check. A check for intoxication may also take place if it’s suspected that the defendant has taken any drugs. Any property that the suspect has will be held by the arresting officer and returned upon release. A phone call is generally allowed and after booking the suspect is sent to a county jail or local station for lock-up.

For the most part, the suspect will go in front of a judge the day after being arrested unless the arrest occurs during the weekend. During a bail hearing the judge will determine if the suspect can be released on bail.  If during consideration for bail the crime is not that serious and the suspect meets certain criteria, then bail will be set by the judge.

The process  for obtaining bail

The most important things that a judge will consider when determining bond amount and whether a suspect will be appropriated bail are:

How bad is the offense that they are charged with?
Is the suspect a flight risk?
Would the suspects release cause undue harm to others?
What is the suspects criminal history?
Has the suspect missed a court date in the past?
Where does the suspect work and how long have they worked there?

Most of the time, the suspect’s friends/family will come up with cash and assets that South Carolina laws determine will fulfill the bond. If it’s the case that the suspect doesn’t have enough to fulfill the bond he or she can use a bail bonds agent who will ask for a fee that’s equivalent 10 to 15 percent and proof of assets that add up to the total amount of the bond. The state closely regulates the amount of bail agent can charge.

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