Bail Bonds In Pickens County Easley, Pickens, Liberty, Clemson (864) 859-2130
Bail Bonding Frequently Asked Questions What is bail? Do I need a bondsman? What does a bondsman do? How much will the bail bond cost? How much will bail be and how is it determined? How long will it take to get the person out of jail? When the case is over, do I get my money back? What if the person doesn’t show up for court? What if the person gets arrested again? What is bail? Bail is a surety, normally either cash or bond, given to the court to ensure that the accused person appears before the court for trial and/or sentencing. Once bail is posted (given to the court) by the accused or his representative, he is released into the custody of the person posting bail. If the accused appears as directed by the court, the bail is returned. If the accused fails to appear, a warrant for his arrest is issued and the bond may be forfeited to the court. Back to Top Do I need a bondsman? Once a person is arrested, an arraignment is held, commonly called a bond hearing. At the hearing, the formal charges are presented and bail is normall set. The arraigning judge may release the accused on their own recognizance, set a bail amount, or deny bail. If the judge releases on recognizance, the accused signs a promise to appear and is released from custody. No bondsman is needed. This may occur if the offense is minor and the accused is deemed unlikely to flee. Bail may be denied in the case of a serious offense if the judge believes that the accused may attempt to flee justice. A bondsman can not assist you until bail is set. You should consult an attorney and he may be able to have bail set at a later time. In most cases, a bail amount will be set. The accused or his representative may post the bail in cash. If the amount is more than you can post, a bondsman may be able to help. The bondsman will post a bond with the court to secure the release of the accused. The bond is a type of insurance policy that you will be required to pay for. Back to Top What does a bondsman do? A bondsman is a type of insurance agent, licensed and regulated by the state insurance commission, who writes bonds for the release of individuals on bail. When you enter into an agreement with a bondsman and sign a bonding contract, you are purchasing an insurance policy that the person released will appear as directed by the court. The cost of the bond is payment for a service and is not generally refundable. Upon issuance of the bond, the person accused is released into the custody of the bondsman. The bondsman will allow the person bonded out to carry on most normal activities, but may place restrictions on certain activities and where the person may go. You and the person released should make certain that you understand any restrictions made by the bondsman. If the restrictions are violated, or the bondsman otherwise deems it in his best interest, he make take the person released into physical custody and return them to the jail. Back to Top How much will the bail bond cost? The typical charge for a bail bond is normally 10% of the bond set, although discounts may be available. Payment plans are available in most instances. In some case the bondsman may require collateral, such as real or personal property, be put up to insure the return of the person released on bond. Be aware that if the person released on bond fails to appear as directed, you are liable for the full amount of the bond as well as any costs incurred in recovering the amount of the bond and the cost of apprehending the person released on bond. Back to Top How much will bail be and how is it determined? The amount of bail is determined by a judge. At the arraignment, or bond hearing, the judge will consider several factors in determining the bail amount. These factors include the seriousness of the offense, prior criminal history, and the accused person’s ties to the community. Attempting to determine how much bail will be ahead of the arraignment is guesswork at best. Back to Top How long will it take to get the person out of jail? Nothing can be done to release the person arrested until an arraignment has been held and a bail amount set by a judge. Once the amount of bail is set, the paper work can take from 15 – 45 minutes. The time to release once the bond has been arranged can vary. Some facilities may release within a few minutes, others can take several hours. Your bondsman can give a general time frame, but it is only an estimate based on experience. Back to Top When the case is over, do I get my money back? If you have paid bail directly to the court, then your bail money will be returned to you once the case has been finalized. Money paid to a bondsman is a fee for a service provided and has been earned by the bondsman. Back to Top What if the person doesn’t show up for court? If a person released on bail fails to appear as directed by the court, a bench warrant will be issue for the arrest of the person. Failure to Appear is a separate charge in addition to the original charge. Only the judge who issued the bench warrant can set bail on that charge. Once a bench warrant is issued, the bondsman is obligated by law to take the person into physical custody and return him to the jail. The cost of arresting the person is the responsibility of the person who contracted with the bondsman. Be aware that if the person released on bond fails to appear as directed, you are liable for the full amount of the bond as well as any costs incurred in recovering the amount of the bond and the cost of apprehending the person released on bond. Back to Top What if the person gets arrested again? Contact your bondsman as soon as possible! He may be able to help you. It is very important that he and the court where the bond was made be aware of the whereabouts of the person released on bond. Back to Top The information provided herein is intended as guidance. It is not, and should not be regarded as, legal advice. |