South Dakota Order Setting Bond
Description
How to fill out Order Setting Bond?
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FAQ
How does bail bonds work in South Dakota? A defendant can get out of jail when hiring a South Dakota bail bonds agent. The premium is typically 10% of the bond and the defendant guarantees they will go to all court appearances or forfeit the bond; then owing the bondsman.
The bail bond serves as surety that the defendant will appear for trial. Judges typically have wide latitude in setting bail amounts. Bail bondsmen generally charge 10% of the bail amount up front in return for their service and may charge additional fees. Some states have put a cap of 8% on the amount charged.
In South Dakota, it is a felony to fail to report to serve a county jail or penitentiary sentence, regardless of whether the sentence for which the defendant failed to report to jail on was for a felony or a misdemeanor offense.
A preliminary hearing is scheduled for all felony charges. The purpose of a preliminary is to ensure that the State has at least enough evidence, whether that evidence is tangible, circumstantial, or testimonial, that if found to be true could lead to a finding of guilt.
If the Judge sets the bond at a ?personal recognizance,? the person will be released from jail on their word that they will appear for all of their future court dates. If a bond is set at a ?cash bond,? the person will have to post that amount at the jail before he or she can be released.
FAILURE TO APPEAR AT THE TIME REQUESTED MAY RESULT IN THE CONVICTION OF A CLASS FIVE FELONY (5 years imprisonment in the state penitentiary and/or a fine of $5,000 may be imposed) IF THE FAILURE TO APPEAR OCCURRED IN A FELONY CASE.
A no bond status signifies that an individual is not eligible for release from county jail through the payment of bail, as a judge has not set a bail amount. The arrested person will remain in custody until a judge potentially sets bail at a later hearing or the case concludes.
