South Carolina Bail Bond Agreement

Category:
State:
Multi-State
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

In South Carolina, the bail process begins with a bond hearing. At the bond hearing, a judge will determine the amount of bail that must be posted for the defendant to be released from custody. The judge may also impose conditions on the defendant's release, such as house arrest or electronic monitoring.

In South Carolina, the maximum fee a bondsman can charge is 15% (with a minimum of $25) but because of competition, you should expect to pay about 10% of the total bond amount no matter which bondsman you choose.

A no bond status signifies that an individual is not eligible for release from county jail through the payment of bail, as a judge has not set a bail amount. The arrested person will remain in custody until a judge potentially sets bail at a later hearing or the case concludes.

Release on bail ? The judge orders the defendant to pay a certain amount of money into court. This is usually done by purchasing a bail bond, a form of surety agreement secured by certain collateral, such as a home, jewelry or other assets.

You will get your bail money back if you paid cash bail and made all your required court appearances. You will not get your bail money back if you paid cash bail and missed a court date. You also will not get any money back if you posted bail by means of a bail bond.

If you bond is revoked, then your bond will be forfeited. This means that you will be taken back to jail but the pain doesn't end there. Additionally, the court can seize the money or property put up to make bail. The bonds person may lose out on their fee and be required to make restitution to the court.

You are not allowed to leave the state without permission. If you are required to leave the state as a condition of your defense, you may be allowed to do so, but you need to reach out to the prosecutor to get approval, You are required to show up to all of your court hearings.

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.

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South Carolina Bail Bond Agreement