First and foremost, please understand that only a Judge can set a bond amount. A bond is a way to ensure that the defendant will appear for his or her court date. Also, please note that depending on the severity of the crime the defendant is charged with, a bond can be denied and the defendant will have to remain in jail until his or her court date.
For some charges, the Magistrate or Municipal Court Judge will allow the defendant to sign their own bond without someone being responsible for their debt. This type of bond is called “without surety,” and therefore the defendant will not have to post any money before leaving the jail. However, if found guilty on the charge, the defendant may have to pay a fine set by the court.
For other charges, the Magistrate or Municipal Court Judge will set a “surety” bond that needs to be paid prior to leaving the jail. Under these circumstances, either the full amount is paid by friends or family, or property can be posted as collateral for the bond amount. If property is posted, this must be handled through the Clerk of Court's Office, and please be sure to check for any special requirements that different counties may enforce such as a title search. If no one can post a cash bond or post property as collateral, then a bail bonds company can be contacted to see what fee they will charge to sign as the surety on the defendant's bond.
Some bonds can be set only by a Circuit Court Judge because of the type of crime the defendant is accused of committing. For these types of bonds, the defendant would need to request a bond hearing.
A bond hearing is a hearing before a Magistrate, Municipal Court Judge or Circuit Court Judge to determine whether or not a defendant will be released on bond prior to his or her court date. A Judge will look at many factors to either set or deny a bond.
A bond hearing can also be used to request the reduction of a bond amount that has already been set.
If you have a loved one who is in need of a bond hearing, please contact the Cole Law Firm now so that we can begin the process right away.
As of June 2009, if you were arrested and found “not guilty” or your charges were dismissed, the court will automatically expunge your record. If you were arrested before June 2009 and were found “not guilty” or your charges were dismissed, you may be eligible to apply for an expungement which will destroy your arrest records.
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Anderson, SC 29621
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Greenville, SC 29601
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