Bond Hearings and Bail Requirements in South Carolina General Sessions

The moments immediately following an arrest are often filled with panic. Whether a loved one has been detained in Myrtle Beach, Aiken, or Sumter, the immediate priority is getting them out of jail. In South Carolina, the legal mechanism to secure someone's release while they await trial is a bond hearing. Governed by S.C. Code Ann. § 17-15-10, the bond process is designed to ensure the defendant returns for future court dates while protecting the safety of the community. Understanding the rules surrounding bond hearings and bail requirements is crucial for navigating the local justice system.

Types of Bonds in South Carolina

A bond hearing usually takes place at a local magistrate or municipal court, such as the Richland County Magistrate Court, Columbia or the Horry County Magistrate Court, Conway, regardless of whether the final charge will be handled in General Sessions. At this hearing, the judge evaluates the defendant's criminal history, ties to the community, and the nature of the charges to determine the type and amount of bail.

PR (Personal Recognizance) Bonds

A Personal Recognizance (PR) bond is the best-case scenario. If granted a PR bond, the defendant does not have to pay any upfront money to the court to be released. Instead, they simply sign a legal document promising to appear at all scheduled court dates. If they fail to show up, they become financially liable for the total bond amount, and a bench warrant is issued for their arrest. PR bonds are most commonly granted for first-time offenders facing non-violent misdemeanor charges.

Cash Bonds and Surety Bonds

For more serious offenses, or if the defendant has a history of missing court, the judge will issue a cash or surety bond. A cash bond means the full amount (e.g., $10,000) must be paid directly to the court clerk in cash or certified funds. The money is refunded at the end of the case, provided the defendant attends all hearings. Alternatively, a surety bond involves hiring a professional bail bondsman. You pay the bondsman a non-refundable fee-usually 10% to 15% of the total bond amount-and the bondsman financially guarantees the rest to the court. The official conditions of your release will be outlined on Form SCCA 511A, South Carolina, Judicial Department, Bail Proceeding Form II.

Special Conditions of Bond (Travel, GPS)

Judges in South Carolina frequently attach strict conditions to a defendant's release. Common conditions include a ban on contacting the alleged victim, mandatory drug testing, or strict travel restrictions. For high-level felonies or domestic violence charges, the judge may order the defendant to wear a GPS ankle monitor.

Modifying Bond Conditions

Bond conditions are not set in stone forever. If a defendant has been out on bond for several months with perfect compliance, their defense attorney can file a motion in General Sessions Court to modify the bond. For example, if the defendant's case is in Aiken, the lawyer would file the motion at the Aiken County General Sessions Court, Aiken. Under S.C. Code Ann. § 17-15-55 and S.C. Code Ann. § 17-15-20, the Circuit Court possesses ongoing statutory authority to review, amend, or modify the terms of release to prevent unreasonable hardship.

Removing GPS Ankle Monitors for Out-of-State Defendants

For tourists arrested in Myrtle Beach or individuals who live outside of South Carolina, travel restrictions and GPS monitors can cause severe employment and family hardships. An attorney can petition the court to allow the defendant to return to their home state. Removing a GPS monitor usually requires proving to the judge that the defendant is not a flight risk, has a stable job out of state, and agrees to waive extradition if they fail to appear in South Carolina for trial.

Costs Associated with Bail

Securing freedom comes with a price tag. If you use a bondsman for a $50,000 surety bond, you will pay a non-refundable premium of $5,000 to $7,500. Additionally, if the judge orders GPS monitoring, the defendant is typically responsible for the setup fee (around $50 to $100) and daily monitoring fees (often $10 to $15 per day). Over a year-long case, ankle monitor fees alone can cost over $3,500. Hiring a private lawyer to argue a bond modification motion generally requires an upfront retainer of $1,000 to $2,500.

Frequently Asked Questions (FAQ)