South Carolina Bail Bond Hearings

Magistrate and Municipal Court judges conduct most bond hearings by the setting amounts and conditions of bonds. Circuit Court judges conduct bond hearings for cases that carry a maximum sentence of life imprisonment or death and may also conduct bond hearings for incarcerated defendants arrested for failure to appear in the Court of General Sessions. Hiring a bail bondsman is a common method for posting bonds in South Carolina. Bail bondsmen are sureties that charge a non-refundable fee based on a percentage of the overall bond set by the bonding judge. An individual may also act as a surety by depositing the entire bond amount with the Clerk of Court or by pledging property to the court as collateral that can be lost if the defendant violates the conditions of the bond.  

A defendant who fails to appear for a scheduled court date in the Summary Court may be found guilty in the absence or a warrant could be issued for the defendant's arrest or both. If a defendant is arrested for failure to appear in the Court of General Sessions the defendant could remain incarcerated until the case is either adjudicated or presented before General Sessions Court Judge. The judge may place conditions on bond or deny bond if the defendant is a flight risk or a danger to the community. Bond conditions can include continuous alcohol monitoring measured by an electronic ankle bracelet, no contact orders, travel restrictions, residential restrictions, and other restrictions ordered by the bonding judge. The Clerk of Court releases the bond back to the surety and the conclusion of the case.

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