After arrest, people often seek to get out of jail before they have a jury trial or they take a plea deal. This is the bail process. A South Carolina criminal defense lawyer can help you navigate the bail process.
The right to bail in South Carolina is protected by the South Carolina Constitution which states:
“All persons shall be, before conviction, bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses or offenses punishable by life imprisonment, or with violent offenses defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event. Excessive bail shall not be required, nor shall excessive fines be imposed, nor shall cruel, nor corporal, nor unusual punishment be inflicted, nor shall witnesses be unreasonably detained.” S.C. Const. Art. I, § 15
The South Carolina legislature has given greater guidance to the Courts regarding bail, particularly through Section 17-15-10 of the South Carolina Code of Laws, which as of this posting states, in part, the following:
“(A) A person charged with a noncapital offense triable in either the magistrates, county or circuit court, shall, at his appearance before any of such courts, be ordered released pending trial on his own recognizance without surety in an amount specified by the court, unless the court determines in its discretion that such a release will not reasonably assure the appearance of the person as required, or unreasonable danger to the community or an individual will result. If such a determination is made by the court, it may impose any one or more of the following conditions of release:
(1) require the execution of an appearance bond in a specified amount with good and sufficient surety or sureties approved by the court;
(2) place the person in the custody of a designated person or organization agreeing to supervise him;
(3) place restrictions on the travel, association, or place of abode of the person during the period of release;
(4) impose any other conditions deemed reasonably necessary to assure appearance as required, including a condition that the person return to custody after specified hours.”
Additionally, the United States Constitution protects the right to bail through the Eighth Amendment which states that:
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
In the event that the Courts grant bail (known as setting a bond), they will utilize Bail Proceeding Forms I and II as part of the bail or bond setting process.
Bail Proceeding Form I is used when you are released from a South Carolina State Court on your own recognizance. Bail Proceeding Form II is used when a South Carolina State Court imposes a cash or surety bond.
Being released on your own recognizance means that you agree that you owe the State a certain amount of money if you fail to appear for Court, in addition to any criminal penalties you may owe. A recognizance bond, or personal recognizance bond, or pr bond, allows you to leave jail without paying any money up front.
A cash bond means that you have to deliver to the Court a certain amount of cash or other collateral in order to be released. That amount is forfeited if you fail to appear for court or comply with the terms of your bond, in addition to any criminal penalties you may owe. A cash percentage option means that the Court sets the cash bond, but then only makes you pay a certain percentage of the amount you are indebted to pay if you do not show. A surety means that someone has agreed to guarantee the bond amount on your behalf. When you hire a bail bondsman, they are acting as the surety.
You can download Bail Proceeding Forms I and II here: SCCA510A SCCA510B SCCA511A SCCA511B
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