The John D. Newkirk Law Blog

Archive for January, 2012

When a citizen is arrested and charged with a crime that will be tried in Magistrate Court, Municipal Court, or in the Court of General Sessions, that citizen is entitled to have a bond set so that he or she may be releases from jail pending the trial.  After an arrest, a person will be brought before a Magistrate who will set their bond.  Depending upon when the person is arrested, he or she will normally be brought before a Magistrate within twelve hours of being arrested.

The Magistrate will consider several factors in setting bond, such as the nature of the alleged crime, prior criminal record, flight risk, danger to the community, and victim input.  The Magistrate can either set a personal recognizance bond or a surety bond.  A personal recognizance bond is basically a promise to appear, and no money has to be posted.  In the alternative, the magistrate may set a surety bond, which will require money to be posted with the court, or will require the use of a bondsman.  For a bondsman to post bond, he will typically require that the accused pay him a percentage of the total bond amount to post the bond.  For example, if the Magistrate sets a $20,000 surety bond, a bondsman will require the accused to pay him a percentage of the $20,000 to post the bond with the court.

In some cases, a Magistrate will not set any bond.  There are several types of crimes in South Carolina for which a Magistrate cannot set bond, such as Burglary 1st Degree and Murder.  Furthermore, a Magistrate may refuse to set a bond because of the nature of the charge, perceived flight risk, or perceived danger to the community.

If a Magistrate refuses to, or cannot, set bond on a particular charge, a motion can be filed with a Circuit Court Judge for a bond hearing wherein the Circuit Court Judge may set bond.  Furthermore, if the Magistrate sets a bond so high that the accused cannot make it, a motion can be filed with a Circuit Court Judge for a bond reduction hearing.    

In most situations, a criminal defense lawyer does not become involved in a case until after a person is charged with a crime.  Many times, the accused has already posted bond it is out of jail awaiting trial.  But, if no bond has been set, or if the bond set is too high, a criminal defense lawyer can file the appropriate motions with the Circuit Court to request another bond hearing.

In some situations, an accused knows that they are going to be charged with a crime and contact a lawyer immediately.  In these situations a criminal defense lawyer may be able to arrange for the person to be turned into law enforcement and appear at the initial bond hearing before the Magistrate. 

A criminal defense lawyer can also help with more complicated bond issues, such as 10% cash option bonds and posting property to satisfy a bond.  The latter of which can become complicated and requires a title abstract to be completed on the property posted.

This summary applies to most scenarios that involve cases that will be tried in Magistrate Court, Municipal Court, or the Court of General Sessions.  Bond procedures in Federal Court and Family Court (juveniles) differ greatly.