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POST-ARREST PROCEDURE
Spartanburg County, South Carolina
QUICK GUIDE:
Bond Determination, Release, and Statutory Framework
This page provides a general overview of post-arrest procedures in Spartanburg County, South Carolina, including bond determination and release. It is intended for informational purposes only and does not constitute legal advice.
Arrest and Booking
Following an arrest, an individual is generally transported to the Spartanburg County Detention Center for intake and booking. Booking procedures customarily include:
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Verification of identity
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Fingerprinting and photographic records
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Entry of charges into the detention system
The duration of booking may vary depending on staffing levels, time of arrest, and the nature of the charges.
Bond Determination
Under South Carolina law, bond may be set:
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By a magistrate at or near the time of arrest, or
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At a subsequent bond hearing, typically within twenty-four (24) hours
Bond determinations are governed by S.C. Code Ann. § 17-15-10, which provides that individuals are generally entitled to bail except in certain circumstances prescribed by law.
In setting bond, the court may consider factors including:
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Nature and severity of the charged offense
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Prior criminal record
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Risk of flight
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Community ties and employment
Certain offenses may qualify for personal recognizance (PR) bond, while others require the posting of a secured bond.
Bail Bonds Under South Carolina Law
When a secured bond is required, South Carolina statutes regulate the bail bond process.
Pursuant to S.C. Code Ann. § 38-53-170, a licensed bail bondsman:
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May post the full bond amount on behalf of the defendant
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Must collect a statutory premium equal to ten percent (10%) of the bond amount
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Must collect the premium prior to execution of the bond
The statutory premium is established by law and is not subject to negotiation or installment arrangements that would circumvent statutory requirements.
Release from Custody
Upon posting of bond:
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Detention staff initiate release processing
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Actual release time may vary based on facility operations and intake volume
Release is not immediate upon bond approval and may require additional administrative processing.
Conditions of Release
Defendants released on bond remain subject to court-imposed conditions pursuant to S.C. Code Ann. § 17-15-30, which may include:
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Mandatory court appearances
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Travel restrictions
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No-contact orders
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Other conditions deemed appropriate by the court
Failure to comply with bond conditions may result in revocation of bond and re-arrest.
Frequently Asked Questions
How quickly is bond set?
Bond timing depends on the offense charged, arrest circumstances, and court availability. Some bonds are set promptly; others require a formal hearing.
Can bond be denied?
Yes. Under South Carolina law, bond may be denied or delayed in cases involving serious offenses or where statutory criteria are met.
Can bond terms be modified?
Bond amounts and conditions may be subject to modification by the court upon proper motion or subsequent hearing, consistent with statutory authority.
Purpose of This Resource
This overview is intended to assist individuals and families in understanding the general statutory framework governing arrest, bond, and release in Spartanburg County.
This information is not a substitute for legal representation or individualized legal advice.
This page is part of our Bail Bonding Resources & Legal Information hub.
View our SC Bail Bond Laws Page for additional, comprehensive statutory and regulatory information.
Legal Disclaimer
This material is provided for general informational purposes only and does not constitute legal advice. Statutes and procedures may change. Individuals should consult a licensed South Carolina criminal defense attorney regarding their specific circumstances.