The History of Bail

Bail bonds have a history that extends far back in time, with surety bonding being centuries old. The concept is referenced in the Old Testament of the Bible; Genesis 43:9 (KJV), notes, "I will be surety for him; of my hand shalt thou require him: If I bring him not unto thee, and set him before thee, then let me bear the blame for ever," where Joseph secures his brothers' release. Similarly, in the New Testament, Acts 17:9, (KJV), states, "And when they had taken security of Jason, and of the other, they let them go," indicating Jason's obligation if Paul or the church caused further issues. Historical records from the Roman Empire also document bail or surety practices. The Romans were pioneers in incorporating surety bonding into their legal system around 150 AD, using it commonly to release individuals awaiting trial.

Bail was often paid with property or valuables, which were returned to the Surety upon the defendant's court appearance. In today's legal system, bail allows an accused person to be released from custody to live their life while preparing for trial. In criminal cases, bail can be money, real property, or a bail (surety) bond, to make sure the defendant makes it to court. The Eighth Amendment of the U.S. Constitution guarantees the right to reasonable bail. Surety Bonds are the prevalent type of bail bond, where a bail bondsman or surety company promises the court that the defendant will appear for their court dates. If the defendant does not appear, the bondsman or surety company is responsible for the full bail amount.

BAIL BOND PROCESS INFO & FAQs

BOOKING:

Once someone's arrested, their personal details are collected by the police. Here's what happens during booking:

The offense details are logged into the jail system.
Their name is checked against the National Crime Information Center for any outstanding warrants or past crimes.
They'll get fingerprinted and have a mugshot taken.
Depending on the charge, a full-body search might be necessary.
A basic health check is done to see if they need medical attention or pose a risk to themselves or others in jail.
All personal belongings are taken, like keys, wallets, cash, and clothes.
They're put in a holding cell. If it's a new charge, they'll see a judge for bail setting. For a bench warrant, they should call an attorney since we can't post bonds in these cases.

Bond Hearing

Within 24 hours, whether it's a state or federal charge, there's a bail hearing to decide if the person stays in jail or gets released until trial.

Reasons for Denying Bail:

Flight Risk — They look at community ties, charge severity, and escape potential.
Threat to the Community — Often leads to cash bonds for those with violent crimes that are facing two pending violent charges. These changes are reflected in the new South Carolina criminal law passed in 2024.

Once the court decides it is appropriate to release a defendant pending trial, the judge must then decide whether to require him or her to post bail, the amount of the bail or if the person should be released on his or her own recognizance (OR bond). In many jurisdictions, this is called a personal recognizance bond or a (PR) bond. Although PR bonds are given monetary amounts, the amount of money attached to the PR bond really doesn't mean anything. Most (if not all) jurisdictions will not go after the money if someone who received a PR bond fails to appear. Whenever a bail bondsman posts a surety bond for the defendant, the bail bondsman is liable to the court system for the entire bond amount or a portion of the bond amount. Of course, this only occurs if the defendant fails to appear for his or her court date(s). In other words, if release is granted, the judge decides on bail or personal recognizance. For bail, North Charleston Bail Bonds can step in with surety bonds, where we're on the hook if they skip court.

The Eighth Amendment guards against "excessive" bail, but amounts vary. Misdemeanors might see bail from hundreds to thousands, while serious felonies can rack up million-dollar bonds.

Possible outcomes of the bail hearing:

Release on Personal Recognizance: No bail, just a promise to show up for court.
Release on Bail: We at Bail Bonds Charleston can help post this, usually at 10% of the bond.
Release with conditions: Like house arrest, a court-ordered GPS ankle monitor, no-contact orders, a mental health assessment, and travel limitations. Also, in most situations involving a victim or victims, defendants are usually prohibited from contacting the alleged victim. If the accused lives with the victim, the judge typically allows the defendant one chance to return to the residence to collect personal items, but this is only permitted with law enforcement present.

How Does a Bail Bond Work?

The judge sets the bail, and a bond company like 24/7 Bail Bonds Charleston guarantees it. We charge a non-refundable fee equaling 10% of the bond amount, but we charge 15% in certain situations.

Bail bonds make sure defendants show up in court. If they don't, in South Carolina, we've got 90 days to fix it, either by returning them to jail or clearing the warrant.

Who is a co-signer/Indemnitor?

This person takes on responsibility for the defendant, ensuring they meet bond conditions and covering potential costs if they flee.

How Can I Make Payments?

You can pay in person with cash, a money order, or check, online via our website with PayPal, Cash App, Venmo, Zelle, or over the phone with a card.

Do You Get your Bail Bond Fee (Money) Back?

No, the fee you pay to North Charleston Bail Bonds is non-refundable, covering our service and the risk we take.

You Can Trust Us To Get The Job Done!

At Berkeley County Bail Bonds, we're all about service. We've helped thousands get out of jail, demonstrating our reliability and steadfast commitment to the criminal justice system. Give us a call to see why so many trust us to free their loved ones.