What to do if a loved one is arrested in South Carolina
Determine Where They Are Being Held
You must determine where your loved one is being detained. Once your loved one is at the detention facility they will have the opportunity to contact you. If you have not heard from your loved one, then you should contact the law enforcement agency that arrested or is holding your loved one. Many Counties provide inmate information online.
Family Members Attending the Bond Hearing
Plan to arrive 30 minutes early to the jail where your loved one is being held. Make sure you bring a photo ID to enter the detention center. Also, be prepared to go through security measures upon entering the facility. Click here for a list of County Jails in South Carolina.
Representation at the Criminal Bond Hearing
Your loved one has the right to have a criminal defense lawyer represent him or her at a bond hearing. The bond hearing attorneys at the Strom Law Firm, LLC can argue the merits of your bond to the Judge. Contact us today for a free consultation to see how we can help.
What You Can Expect At Bond Court
If your loved one was charged and arrested for a crime what you can expect depends upon the charge.
Bond for an arrest that does not carry a possible punishment of Life without Parole such as Murder or Burglary in the 1st degree will be set by a South Carolina Magistrate or South Carolina Municipal Court Judge.
The Judge may consider whether the accused is:
- A flight risk?
- A danger to the community?
A Judge may then consider:
- Any criminal history,
- The seriousness of the offense charged,
- The employment status of the accused,
- How long the accused has been at his/her current residence, and
- Any victim impact testimony.
This is not an exclusive list, but it does contain the factors considered at most bond settings.
What Types of Bail Bonds Are Available?
There are 3 types of bonds a criminal defendant can receive in bond court.
Personal Recognizance Bond (PR bond). A PR bond allows a defendant to be released without posting any money with the court based on his/her promise to appear when the case is called for trial.
Surety Bond. A surety bond requires you to post money with the Court to be released.
For example, if the Judge sets a $10,000 surety bond, the defendant must post $10,000 in cash or real estate with the Court in order to be released.
If the defendant fails to appear when his case is called for trial, he may forfeit the $10,000 he has paid or, if he posted his property as surety, the Court can begin foreclosure proceedings.
You may also contact a bail bonding company to see if they are willing to help. You need to make sure that you understand their fees and payment options. Keep in mind that if you post your own case or property with the Court, your money and/or property will be returned to you at the conclusion of the case. If you use a bail bondsman the money will not be returned to you.
Surety Bond With a Ten percent cash option. A defendant must post 10% of the total bond amount in cash.
For example, if a defendant receives a $10,000 surety bond with a ten percent option, he can post $10,000 in real estate/personal property or $1,000 in cash.
Can’t Afford Your Bond? To avoid your loved one having to remain in jail while you wait for your trial date, our attorneys can make a motion for a bond reduction to request an amount more reasonable or affordable.
Being arrested does not mean that you are a bad person or even that you are guilty. What it can mean is that your family is forced to deal with a personal, family, social, business, employment, and financial crisis which most families have not experienced or even know how to deal with. The criminal defense attorneys at the Strom Law Firm understand the importance of your situation and what is at stake. Contact us today for your free consultation to see how we can help.