South Carolina Notice and Motion to be Relieved from Bond

State:
South Carolina
Control #:
SC-SKU-1396
Format:
PDF
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Description

Notice and Motion to be Relieved from Bond

The South Carolina Notice and Motion to be Relieved from Bond is a legal document filed with the court in South Carolina. It is used to request that a person be released from the obligation of a bond. This document is usually filed by the defendant in a criminal case. There are two types of South Carolina Notice and Motion to be Relieved from Bond. The first type is a Notice of Bond Discharge, which is used by the defendant to request that the court release the defendant from the bond obligation. The second type is a Motion to be Relieved from Bond, which is used by a third party to request that the court release the defendant from the bond obligation. Both types of South Carolina Notice and Motion to be Relieved from Bond must include the names of the defendant, the court, the prosecutor, and the bondsman, if applicable. The document must also include the amount of the bond and the reason for requesting the bond discharge. The Notice or Motion must be accompanied by a certificate of service that indicates who was served with the document. Finally, the Notice or Motion must be signed by the defendant and the attorney of record.

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FAQ

Cancelling a Bail Bond Contract Once you sign the contract, there is not a way to get out of it, even if it is ruining you financially or you tried to get the defendant to their court dates to the best of your abilities. The only way to be removed from a bail bond contract is if the bail bondsman cancels it for you.

When will I get my bond money back? Bonds are only released upon order by a judge, dismissal of the charge, or a finding of not guilty. The bond is returned only to the party posting it. Bond refunds follow the City of Greenville's Office of Management and Budget refund process and may take up to 60 days.

Bonds are only released upon order by a judge, dismissal of the charge, or a finding of not guilty. The bond is returned only to the party posting it.

Section 38-53-70. If a defendant fails to appear at a court proceeding to which he has been summonedviolates the conditions of release on bond, the court shall issue a bench warrant for the defendant.

A bail bondsman will post the bail amount for the defendant in exchange for a fee, usually 10% of the total bail amount. The bail bondsman is responsible for ensuring that the defendant appears in court as required. If the defendant fails to appear, the bail bondsman may be required to pay the full bail amount.

This is a condition of every bond in SC unless the Court makes a specific finding otherwise ? if you are charged with a crime, even if it is a minor offense in the magistrate or municipal court, you are prohibited from leaving the state unless you first get consent from the court.

CHAPTER 15 - BAIL AND RECOGNIZANCES. SECTION 17-15-55. Reconsideration by circuit court of bond set by summary court; subsequent violent offenders. (A)(1) The circuit courts, at their discretion, may review and reconsider bond for general sessions offenses set by summary court judges.

Bond revocation is at the discretion of the court. The prosecutor or the bonds person is normally the person who files for the bond revocation where a hearing is scheduled before the court. Typically, you have the right to a hearing on the issues and you can have a lawyer represent you and assert a defense.

More info

Sign and date the motion. All cash bonds, other than bail bonds, are only released upon order of the court.The District Attorney declared no prosecution of the above listed charge would be pursued. Appear in the Code of Virginia for complete information. Right to release on one's personal recognizance or on bond. (a) BEFORE CONVICTION. If notice of the execution hearing is not served as specified in this subsection, the surety shall be relieved of liability on the appearance bond. No Notice of Trial Court's Judgment in Civil Case. 5 Notice of Intention of Defense to Raise Issue of Insanity, Mental Illness, or. Motion To Intervene as a Defendant Under Rule 24.

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South Carolina Notice and Motion to be Relieved from Bond