South Carolina Motion to be Relieved on Bond

State:
South Carolina
Control #:
SC-SKU-1397
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Motion to be Relieved on Bond

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FAQ

Bail bonds fees are regulated by the State Government. In South Carolina, the maximum fee a bondsman can charge is 15% (with a minimum of $25) but because of competition, you should expect to pay about 10% of the total bond amount no matter which bondsman you choose.

Section 38-53-70. If a defendant fails to appear at a court proceeding to which he has been summonedviolates the conditions of release on bond, the court shall issue a bench warrant for the defendant.

When will I get my bond money back? Bonds are only released upon order by a judge, dismissal of the charge, or a finding of not guilty. The bond is returned only to the party posting it. Bond refunds follow the City of Greenville's Office of Management and Budget refund process and may take up to 60 days.

South Carolina law states that the longest you can be held without a bond hearing is 24 hours. Many bond hearings are set within eight to twelve hours to ensure that you have time to get a lawyer and find a way to make bond.

The bond will likely prohibit the defendant from leaving the state without first getting permission from the solicitor or the judge.

A bail bondsman will post the bail amount for the defendant in exchange for a fee, usually 10% of the total bail amount. The bail bondsman is responsible for ensuring that the defendant appears in court as required. If the defendant fails to appear, the bail bondsman may be required to pay the full bail amount.

Bond revocation is at the discretion of the court. The prosecutor or the bonds person is normally the person who files for the bond revocation where a hearing is scheduled before the court. Typically, you have the right to a hearing on the issues and you can have a lawyer represent you and assert a defense.

More info

(A) A surety desiring to be relieved on a bond for good cause shall file with the clerk of court a motion to be relieved on the bond. Complete the bondsperson's name, address and telephone number. 4.Enter the amount of bail posted and the bail type -- cash, property, or a combination. 5. You must fully complete and sign the Motion. Sign and date the motion. When the affidavit is filed with the court, the surety also shall file a motion to be relieved on the bond pursuant to subsection (A). Bondsman May File a Motion to Be Relieved on the Bond for Good Cause. Each bond power number for which relief is sought. Motions and applications must certify service of copies to the state and the clerk's legal counsel. Bond.

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South Carolina Motion to be Relieved on Bond