When a person is being held in jail, the primary goal is to secure their release if possible. Every individual who has been charged with a crime is entitled to a reasonable bond. Legal council may represent the defendant at the initial bond hearing in magistrate court, obtain a bond hearing in front of a circuit court judge in general sessions, or obtain a bond reduction.
Often bond hearings are often held within hours of an individual's arrest. At the hearing, judges will evaluate whether the individual is a danger to the community or a flight risk.
Based on the nature and severity of the crime, the judge will set one of three types of bonds which include:
- A Personal Recognizance Bond (PR Bond) - A PR bond allows a defendant to be released on his promise to appear when his case is called for trial. (no money is posted)
- A Surety Bond – With a surety bond, an individual must post money with the court in order to be released. For example, if a judge sets a $5,000 surety bond, the defendant must post $5,000 in cash or property with the court. If the defendant fails to appear during trial, he may forfeit the $5,000 he has paid or if he posted property, the court may begin foreclosure proceedings.
- A Surety Bond w/ 10% Cash Option - This type of bond allows a defendant to post the cash equivalent of ten percent of the total bond amount. For example, if a defendant receives a $5,000 surety bond with a ten percent option he can post $5,000 in property or just $500 in cash.
If the crime is one punishable by life in prison, such as burglary first degree, a magistrate or municipal judge cannot set the bond. The person will remain incarcerated until they get a bond hearing in front of a circuit court judge in general sessions.
If bond has already been set and the person cannot make the bond, under certain circumstances you can petition the court for a bond reduction.
If you or a loved one is in jail, it is important that you retain a trained legal council who understands the system and can help to secure his or her release. Contact the Bauer Law Firm at (843) 842-5297 for any additional information.
