Frequently Asked Questions About Bail Bonds in South Carolina

South Carolina law requires bail bondsmen to charge a minimum premium of 10 percent of the total bond amount. Meaning, if the bond amount is $5,000, the fee would be $500.

The time it takes for an inmate to be released varies from county to county, but once the bond is posted, release can often occur within a few hours. Smaller jails like the one in Oconee County release inmates within 30 minutes after the bond is posted, but like anywhere, it depends on the shift. Some shift workers are more competent than others. Bigger jails like the Al Cannon Detention Center in Charleston can take a few hours to release their inmates. After we post the bond, the speed it takes a person to be released from the jail is out of our hands at this point. However, the law requires the jail to take no more than four hours to release the inmate.

Basic information including:

• Name of the Defendant
• When They Were Arrested
• What Jail They Are Being Held In
• Bond Amount and Charge(s)
• Your Ties to the Defendant
• Bonding History

This is what Drolet Bonding specializes in; it’s our bread and butter! A surety bond is set when the judge decides that you, the defendant, are a potential flight risk or a high enough risk to the community that a bail bondsman is needed to get you out. When we give the judge our power of attorney and post the bond, we are given a Bail II Proceeding Form. The judge checks one or more boxes that describe the reason for a surety bond.

In essence, a surety bond is a contract between the court (the “obligee”), the bondsman (the “surety”), and the defendant (the “principal”). To protect their interests, bondsmen enter into agreements with indemnitors, who are close relatives or friends of the defendant. These agreements stipulate that the indemnitor will be responsible for reimbursing the bondsman if the bond is forfeited due to a defendant’s failure to appear.

A personal recognizance (PR) bond is set by a judge when the defendant is not considered to be a flight risk and isn’t deemed a serious threat to the community. Personal recognizance bonds are essentially bond contracts between the court (the “obligee”) and the defendant (the “principal”), without the need for cosigners or a surety bondsman. A judge decides whether to issue a PR bond or a surety bond during the defendant’s initial bond hearing. Note: PR bonds may be issued at a higher volume in some counties for political reasons due to pressure by liberal reform groups that wish to empty our jails into communities across the state.

A cash bond is a type of bond that requires the entire bond amount to be paid to the clerk of court in cash; the money is returned to the defendant or their representative at the conclusion of the case. Cash bonds are issued by judges for general reasons and more specific ones. A judge may set a cash bond on a defendant who is charged with a particularly egregious crime, if they have a history of not showing up for court, and for defendants who are seen as a significant threat to the community (In late 2021, Alex Murdaugh was given a $7 million cash bond after he was arrested for numerous financial crimes – meaning he would have to pay the full $7 million to the court before he could be released from jail).

According to S.C. Code Ann. 17-15-55 (C)(3), if a defendant who is already out on bond for a violent offense or a violent offense involving a firearm, is then arrested for a violent offense or a violent offense involving a firearm, a judge will issue a full cash bond for the defendant in order for them to be released from jail pending trial on the new charges. Depending on the nature of the new charges, this could amount to hundreds of thousands of dollars.