Bail is a process by which you pay a set amount of money to obtain your release from police custody. As part of your release, you promise to appear in court for all of your scheduled criminal proceedings. If you show up to court as promised, the bail amount will be returned. If not, you will be subject to arrest and you will forfeit the bail amount.
After the booking process, a bail hearing is held to decide whether to grant bail and, if so, what amount is appropriate. The court will have a bail hearing, during which it will consider:
- Your physical and mental condition;
- Your financial resources;
- Your family ties;
- Any history relating to drug and alcohol abuse;
- Any criminal history;
- Any previous record concerning appearance at court proceedings;
- The length of your residence in the community
Along with the monetary bail determination, the court could also impose restrictions on your release like limiting your travel, enforcing a curfew, revoking gun ownership privileges, or requiring drug, alcohol, medical, or psychological testing or treatment. Additional conditions often include home detention and electronic monitoring.
If you have this, it is helpful, if you do not, our professional staff will quickly find out so we can help you.
- Where is the person in custody? (Make sure that you ask the person in custody where they are located including the city, state, and the name of jail).
- What is the full name and booking number of person in jail? We can get the booking number for you if you forgot or if it was not available.
- How much is the bail? We will verify when we contact the jail. The amount also determines the cost to post bond and requirements to get the person out of jail.
There are four ways in which a person may be released from custody.
- You can use a bondsman.
- You can post cash for the full amount of the bond with the court or jail.
- You can use real property (such as a home or a lot) with the court.
- And lastly the judge can decide to let the defendant go on their own recognizance.
A cash bond is when the defendant pays the entire amount of his bond to the court. If the defendant violates the conditions of his release, he may forfeit the entire amount. Example: $20,000 cash bond, the defendant’s’ family or friends pays the entire amount.
A surety is someone who guarantees the court that a defendant will appear at court and comply with bond conditions. Bail Bondsmen, such as R&R Bail Bonding, are the most common sureties. We are licensed by the state of South Carolina and have standing lines of credit with the courts. We charge a fee for services as a percentage of the total bond amount.
Family members or other individuals also act as sureties. An individual can secure the release of a defendant by depositing the entire amount of the bond with the court or by pledging property to the court as collateral. If the defendant violates the terms of his release, the surety may lose the bond amount or property.
When released on a personal recognizance bond, a defendant gives the court his word that he will show up to future court dates.
The defendant also acknowledges a debt to the court equal to the total amount of the bond. If the defendant breaks the conditions of his bond, he owes this debt to the court, and the judge may revoke his bond and return him to jail.
At the bond hearing a judge sets the amount and conditions of a bond. In South Carolina, Magistrate or Municipal judges conduct most bond hearings. Circuit Court judges must set bond on charges where the penalty is life imprisonment or death. Depending on the nature of the charges, several methods of posting bond are available in South Carolina.
Generally, a defendant’s family, lawyer, or bonding company deposits bail with the Clerk of Court. The Clerk then provides a release letter. The family, lawyer, or bonding company takes the letter to the detention center to begin processing the defendant’s release.
Here is we come in. We work with you 24 hours a day to get them out now. We understand the process and will provide you immediate and accurate information to secure the release as well as provide court appearances.
Not good. Your privileges of release prior to court more than likely will be revoked. Though you may be provided a new bond on the new offenses (if the charges are eligible for bond), the courts almost always move to revoke the bond through a bond revocation hearing and the defendant goes back to jail. Make all your appearances and stay out of trouble!
If you violate the conditions of your bond release pending trial, then the courts will move to revoke your bond and send you back to jail. The courts and bondsmen have the right to move to revoke your bond through a bond revocation hearing.
You go to jail. Once you’re out on bail, you must abide by all bail conditions, show up for court appearances, and remain free of subsequent criminal entanglements.
If a defendant violates bail conditions, fails to show up in court, or gets arrested again, bail is almost always revoked, which means the defendant is taken into custody. After revocation comes forfeiture of the bail money or bond.
If the defendant “jumps bail” or fails to appear, bail will be revoked. The right to be free before trial is revoked. The courts will issue an arrest warrant for the failure to appear (FTA).
Bail can be revoked for other reasons, including:
- Committing a crime while released, even in the absence of a conviction for that crime;
- Violating any other condition of bail, such as failing to stay away from the crime victim, home detention, curfew…
A property bond is a claim held by the court against the property of a surety. If the defendant breaks the conditions of his bond, the surety may lose the property. Acceptable properties include homes and land, but not mobile homes.
To secure a property bond, you must do the following:
- Apply to the clerk of court using the Application for Pledge of Real Estate for Surety Bond;
- File a Certificate of Value of Real Estate for Bond.
A General Sessions judge can modify a bond set by a Magistrate or Municipal Court judge. Modifications go both ways; judges can increase or decrease the bond amount. To get a bond modification, you or your attorney must file a Motion to Reconsider Bond with the Clerk of Court.
You will have to get permission from the bonding office in writing before attempting to do so. If the court has given you direct instructions not to leave the state or country, you must then get permission from the bail agent and the court before leaving. Otherwise you are subject to arrest.
NO!! The bond fee or premium is not refundable. This is how we make our living and financially sustains R&R.
We work hard to get you out, keep you out and stand with you during this process.
Those who charge less offer less. Bail bond company failure is extremely high in this highly regulated industry and those that charge less do are among the highest that fail.
We are the most experienced, recognized and successful Spartanburg County and the Upstate of South Carolina bail bond company providing 24 hours, 7 days a week bail bonding services since 1970. Our belief in “education not incarceration” and providing unrivaled service make the difference.
We are the best and longest because we focus on the helping the person, not making a quick buck!
Our client testimonials say it all!
General Sessions case process & steps:(For information purposes only)
- Bond hearing. This hearing occurs within 24 hours of arrest. The judge determines whether a person held in custody can be released on bond. The judge evaluates whether the defendant is a danger to the community or is likely to run away before trial. If a judge decides to release someone on bond, he sets the amount and conditions of the bond.
- Preliminary hearing. These hearings are available to defendants charged with serious offenses are tried only in General Sessions Court. The defendant has the right to request a preliminary hearing within 10 days of the bond hearing.
- Grand Jury. A Grand Jury is a panel of citizens convened by the court to decide whether it is appropriate to bring charges against someone suspected of a crime. If the Grand Jury decides there is reason to bring someone to trial, it returns a “true bill” and issues an indictment. If it finds insufficient reason, it returns a “no bill.” A direct indictment is an indictment that occurs before an arrest. In this case, the defendant or his attorney arranges for the person to turn themselves into the police for processing and a bond hearing.
- First appearance (“Roll Call”). The first court date, known as “roll call,” is set within 45 days of arrest. Courts usually hold these on Fridays. The judge or solicitor asks the defendant or his lawyer basic questions. The judge also puts the case on a schedule. The purpose of the first appearance is to make sure the defendant will appear at trial and that he has access to a lawyer. If the defendant fails to appear, the judge will issue a bench warrant for the defendant’s arrest.
- Second appearance. The second court date is set within 120 days of arrest. Courts usually hold these on Fridays. The defendant tells the judge whether he wants to plead guilty or request a jury trial. The judge places the case on either a plea or a trial schedule. If the defendant fails to appear, the judge will 1ssue a bench warrant for the defendant’s arrest.
- Trial. During a jury trial, the jury listens to evidence and determines if the defendant is guilty or not guilty. If the jury finds the defendant guilty, the judge imposes a sentence, which can include imprisonment, fines, probation, and death.
- Appeals. The defendant has 10 days after sentencin to file an appeal of a guilty plea or trial verdict. Most appeals go to the South Carolina Court of Appeals. Appellate courts look for legal error in the conduct of the trial, but they cannot retry any facts already decided by a jury at trial. Defendants, witnesses, and others do not participate at this stage. If the appellate court finds legal error, it can send the case back to General Sessions Court for retrial or sentencing.
R&R Bail Bonding provides bail bond services to the Upstate of South Caroilin including, Spartanburg city & county, Chesnee, Inman, Landrum, Wellford, Woodruff, Campobello, Pacolet, Cowpens, Duncan, Lyman, Reidville, Arcadia, Boiling Springs, Clifton, Converse, Cross Anchor, Enoree, Fairforest, Fingerville, Glendale, Gramling, Inman Mills, Mayo, Roebuck, Saxon, Startex, Valley Falls.