When a defendant is held before trial in South Carolina, the judge may release the accused under conditions known as bail. This payment to the court is typically given back when the case is resolved if the defendant follows court orders. In addition to the clear benefit of gaining freedom, posting bail facilitates the accused’s ability to collaborate effectively with a criminal defense attorney in working toward a favorable resolution for their case. However, it’s important to understand that the right to bail is not absolute and the amount set can vary significantly. Please continue reading to learn how bail works in the Palmetto State and why connecting with a determined Chesterfield Criminal Defense Lawyer is in your best interest if you have been charged with a crime.
What is Bail?
When you are arrested for a crime, you will be held in jail until you can appear before a judge. During your arraignment, the judge will review the charges against you, inform you of your rights, and ask you to enter a plea. In addition, the judge will decide on the type and the amount of bail, if any. Bail is an amount of money that a defendant can pay the court to be released from custody for the duration of their trial. It’s important to note that bail is not a fine and it’s not used as a punishment.
Instead, it acts as collateral. This means if a defendant fails to appear for their scheduled court date, they will lose the right to have the money they pledged to secure their release returned to them after their case is resolved. If they attend all of their scheduled court dates, they will receive the funds they pledged back, regardless of the outcome of their case. Bail is intended to guarantee a defendant will return to court and not hinder the judicial process. A judge determines the amount of bail a defendant must pay based on numerous factors, including:
- The nature of the charges against the defendant
- The severity of the crime
- The defendant’s criminal record
- The likelihood that the defendant will flee before trial
- Whether the defendant poses a danger to the public
- The defendant’s ties to the community
It’s important to understand that defendants have a constitutional right to bail or bond, but only if it’s not a capital offense. If you are charged with a criminal offense that is punishable by a life of imprisonment or a violent offense, you may be denied bail altogether. Furthermore, if you are deemed a flight risk or pose a danger to others, you may not receive bail.
What Happens if I Fail to Appear in Court After Posting Bail in South Carolina?
If a defendant fails to appear in court or otherwise violates the terms of their release, the judge can issue a bench warrant authorizing law enforcement to make an arrest. Essentially, law enforcement will actively search for you to bring you back into custody. Not only will a defendant be taken back to jail, but the bail bond that was posted to secure release will be forfeited. Depending on the circumstances, the court can also impose additional criminal charges and sanctions for failing to appear. This can significantly impact future legal proceedings, making it much more difficult to secure bail in the future.
At the Cockrell Law Firm, P.C., we are prepared to help you navigate the criminal justice system. If you are facing criminal charges, connect with our firm today to learn how we can help protect your rights and interests.
