Charleston County Bail Information

Charleston County Bail Process After DUI Arrest

(dui.guide - Your guide to navigating DUI charges in Charleston County, SC)

Being arrested for DUI in Charleston County, South Carolina, can be a frightening experience. One of your first priorities is likely getting out of jail. This guide provides a step-by-step explanation of the bail process in Charleston County, helping you understand your options and what to expect.

Understanding Bail in Charleston County

Bail is a financial guarantee that you will appear in court as required. It's a system designed to ensure that individuals accused of crimes, like DUI, are released from custody while awaiting trial, but also have a strong incentive to show up for their court dates. The amount of bail is set by a judge or magistrate and is influenced by factors such as the severity of the alleged offense, your criminal history, and your ties to the community. In Charleston County, the bail process generally involves either paying the full bail amount, securing a bond through a bail bondsman, or, in some cases, being released on your own recognizance (PR bond). Understanding these options is crucial to navigating your release.

Typical Bail Amounts for DUI

While specific bail amounts are determined on a case-by-case basis, here are some general guidelines for DUI bail amounts in South Carolina. Keep in mind that these are estimates and can vary depending on the specific circumstances of your arrest:

• First Offense DUI: $500 - $1,000
• DUI with Injury: Higher bail amount, potentially $5,000 - $10,000 or more, depending on the severity of the injury.
• DUI with Prior Offenses: Significantly higher bail amount, potentially $5,000 - $25,000 or more, depending on the number and nature of prior offenses.

Important Note: These are estimates. The actual bail amount will be determined by the judge or magistrate at your bond hearing.

How to Post Bail in Charleston County

You have several options for posting bail in Charleston County:

Option 1: Cash Bail

• What it is: Paying the full bail amount in cash directly to the Charleston County jail.
• How it works: You (or someone on your behalf) pays the full bail amount.
• Refund: Upon successful completion of your case (meaning you show up for all court appearances), you are typically entitled to a refund of approximately 90% of the bail amount. The remaining 10% is usually retained by the court as administrative fees.
• Where to Pay: Contact the Charleston County Detention Center for specific instructions on where and how to pay cash bail. The address and contact information will be available on the Charleston County Sheriff's Office website.
• Payment Methods Accepted: Usually, cash is the primary method accepted. However, it's crucial to confirm with the detention center whether they accept certified checks or money orders. Personal checks are rarely accepted.

Option 2: Bail Bondsman

• What it is: Hiring a bail bondsman to post the full bail amount on your behalf.
• How it works: You pay the bondsman a non-refundable fee, typically 10-15% of the total bail amount. In exchange, the bondsman guarantees your appearance in court.
• What You'll Need:
• Identification: A valid government-issued photo ID (driver's license, passport, etc.).
• Fee Payment: The 10-15% premium.
• Collateral (Possibly): Depending on the bondsman and the circumstances of your case, they may require collateral, such as a car title, property deed, or valuable jewelry, to ensure you appear in court.
• Co-Signer (Possibly): The bondsman may require a co-signer, someone who agrees to be responsible for your appearance in court and will be liable for the full bail amount if you fail to appear.
• Local Bail Bondsmen: Search online for "bail bondsman Charleston County SC" to find a list of local bondsmen near the Charleston County Detention Center. Ensure they are licensed and reputable.

Option 3: Property Bond

• What it is: Using real estate as collateral to secure your release.
• How it works: You pledge a property you own as security for your bail.
• Property Value: The property's value must typically be 150-200% of the bail amount to adequately cover the risk.
• Process: Applying for a property bond involves a more complex and time-consuming process, requiring appraisals, legal documentation, and court approval.
• Time Frame: This option generally takes longer to process than cash bail or using a bail bondsman.

Option 4: Personal Recognizance (PR Bond)

• What it is: Being released from custody on your promise to appear in court. No bail payment is required.
• How it works: The judge or magistrate releases you based on your ties to the community, past criminal record (or lack thereof), and the perceived risk that you will not appear in court.
• Eligibility: PR bonds are more common for first-time offenders with strong ties to the community (e.g., local residents with steady employment).
• County-Specific Considerations: The availability of PR bonds in Charleston County for DUI offenses can vary. Discuss this option with your attorney.

Timeline: How Long Until Release?

• Typical Processing Time: After bail is posted, the processing time at the Charleston County Detention Center can vary, but it typically takes 2-6 hours for release.
• Best Times to Post Bail: Posting bail during regular business hours (Monday-Friday, 8 AM - 5 PM) may expedite the process, as more staff are available.
• What Can Delay Release: Factors that can delay release include:
• High volume of inmates being processed.
• System outages or technical issues.
• Outstanding warrants or other legal holds.
• Incomplete paperwork.

What Happens After Posting Bail

• Conditions of Release: You will likely be subject to certain conditions of release, such as:
• Abstaining from alcohol and drugs.
• Avoiding contact with the alleged victim (if applicable).
• Surrendering your driver's license (depending on the severity of the DUI).
• Attending mandatory alcohol education programs (may be ordered at a later hearing).
• Court Appearance: You will receive a notice with the date, time, and location of your next court appearance.
• Consequences of Missing Court: Failing to appear in court after posting bail will result in:
• Forfeiture of your bail money (if you paid cash bail).
• The bail bondsman pursuing you to recover the full bail amount (if you used a bail bondsman).
• The issuance of a warrant for your arrest.
• Additional charges for failure to appear.

Special Considerations in Charleston County

While South Carolina law governs many aspects of the DUI process, Charleston County may have specific local practices or policies related to bail. For example, there might be specific procedures for property bonds or specific programs available for first-time offenders. It is highly recommended to consult with a local Charleston County DUI attorney to understand any county-specific nuances that could affect your case and bail process. They can provide the most up-to-date information and represent your best interests.