UNDERSTANDING THE BAIL BONDING PROCESS

Bail is defined as "a financial guarantee ensuring a Defendant will appear in or return to court" (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. South Carolina Courts may set bail as:

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• Surety Bond (posted by a Bail Bondsman)

• Cash Bond

• Personal Recognizance

• Property Bond

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In most instances, a Surety Bond is the fastest and least expensive option.

 
Surety Bond

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  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, 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completes the Judiciary Process, including attending all required court dates and the case is disposed, the Bond is no longer active.

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Cash Bond

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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.

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If a Surety Bond is offered as an option, The Defendant can use a Bail Bondsman's services. However, depending on the nature of the crime, the Defendant's history and other factors, a Judge may REQUIRE a Cash Bond for some Defendants.

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Personal Recognizance Bond

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At the Judge's discretion, the Defendant could be offered a Personal Recognizance Bond (also called a "PR Bond"), which is essentially a personal promise to appear in court, as required. It is usually granted for non-capital, non-violent offenses and for Defendants with strong community ties. A Judge may deny this form of release if the defendant is deemed a flight risk or a danger to the community. 

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With a PR Bond, no money is required to be paid upfront. However, if the Defendant fails to meet the bond's conditions, the recognizance is forfeited and the amount of the bond becomes a liability to be paid to the court. 

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Property Bond

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A Property Bond is a bail bond where real estate is used as collateral instead of cash. The property owner pledges the property to the court as a guarantee that the Defendant will appear in court. If the Defendant fails to appear, the court can seize the property to cover the bond amount.