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UNDERSTANDING THE BAIL BONDING PROCESS
What to expect, how we can help and what you need to know...
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Understanding Bail Bonds
Bail is defined as "a bond that guarantees a defendant's appearance in court. This type of bond is used for the purposes of the Criminal Legal Process" (SC DOI). In other words, in order to compel a defendant to appear in court as ordered, the Judge or Magistrate will assign a monetary requirement that is held by the courts until said defendant makes all of their court appearances, called a Bail.
The Defendant, or someone on their behalf may post the entire amount of the Bail, in cash. In this instance, the entire amount of the bond will be returned at the end of the court process. However, depending on the nature of the crime and other factors that may be considered (more below), bail amounts can be in the tens or even hundreds of thousands. A Bail Bondsman or Bail Bonding Service may be enlisted to post the entire amount of the bail, effectively guaranteeing the appearance of The Defendant, for a fee. This fee is NON-REFUNDABLE and NON-RETURNABLE. This fee may also be referred to as "the premium".
The Bondsman will arrange completion of the proper documentation and collection of the fee with the client and will often require a Co-Signer or Guarantor. In some instances, the Bondsman may also require Collateral (see below), as an additional means of ensuring The Defendant's appearance. This is in ADDITION to the fee/premium and WILL be returned upon disposal of the case.
The Bondsman will also likely have additional requirements that The Defendant will need to adhere to during their time on bond/awaiting court, like regular check-ins, avoiding any additional criminal charges, etc. If The Defendant violates any of the terms of the Bond Contract, The Bondsman may request a Revocation of Bond which, if granted, would result in a Bench Warrant being issued for The Defendant.
When The Defendant completes the Judiciary Process, including attending all required court dates and the case is disposed, the Bond is no longer active.
What will be considered by the judge setting my Bail?
The Judge or Magistrate may consider many factors when deciding on a Bail amount. Some of the things most often considered are
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- Severity of the Crime
- Criminal History of Defendant
- Likelihood of The Defendant attending court, as scheduled
- Community ties
- Employment and Finances
- Mental Health and Substance Abuse
- Family Situation
What's next?
Your Bail Bondsman will discuss requirements, fees and the remaining process, leading up to release with you. You may be asked to meet in-person to signed required documents, review your contract and complete payment details. Depending on your situation, your Bondsman may be able to offer you Contactless Signing and Payment Options.
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After all required paperwork and steps are completed, your Bondsman will contact the facility in which The Defendant is being held to notify them that a Bond Contract has been signed. Depending on the facility and their process, The Defendant will start the release process. Each facility has different guidelines so release time may vary but is typically within 4 hours.
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Collateral and Payment
Unfortunately, due to recent changes in South Carolina State Bail Regulations, we are unable to provide payment plans (SC Code Law 38-53-170) but we do accept various forms of payment to make the bail bonding process as smooth as possible for you. Our team will work with you to find the best solution that fits your unique situation. You can rely on us to provide the support and guidance you need during this critical time.
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FORMS OF PAYMENT WE ACCEPT:
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- Cash
- ApplePay
- CashApp
- Venmo
- Most Major Credit Cards
- Debit Cards
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NOTE: Payment plans for fees 10% or less are no longer legal in SC*
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Depending on the amount/conditions of the bail, the Defendant's history and overall RISK of the bond, you may be required to pledge Collateral as an additional means to insure appearance in court and prevent loss by the Surety. Your Collateral will be collected and managed commensurate to South Carolina Department of Insurance Guidelines and South Carolina State Code Law 38-53-170.
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After Release, Court and Legal Guidance
​​There are additional considerations to make, even after you've made it home. It is important to remember that your actions between the date of your arrest and your court appearances matter! Failing to make Bail payments, incurring additional criminal charges, violating your Bond Contract, etc. could mean the Revocation of your Bail. We are here to make sure that you are both informed and prepared to avoid any unnecessary problems in your journey to freedom.
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*We DO NOT provide Legal Advice. It is recommended that your contact your Attorney with any questions you may have about your case.