Horry County Bail Information
Understanding bail amounts, the release process, and what happens after a arrest in Horry County.
How Bail Bonds Work
Option 1: Cash Bond (Pay Full Amount)
How it works: Pay the full bail amount to the court
Pros: Get full amount back after case concludes (minus court fees)
Cons: Requires full amount upfront
Option 2: Bail Bondsman (Most Common)
How it works: Pay 10-15% fee to bondsman, they post full bail
Cost: Typically 10% of bail amount (non-refundable)
Pros: Only need 10% upfront instead of full amount
Cons: Fee is non-refundable, may require collateral, co-signer assumes liability
Co-Signer Liability Warning
Important for Co-Signers:
- You are 100% liable if defendant does not appear in court
- You must pay the full bail amount if defendant skips
- Bondsman can seize collateral (house, car, etc.)
- You cannot cancel the bond - only the court can
- Liability continues until case is fully resolved
Release Timeline
Arrest & Booking (2-8 hours)
Fingerprinting, photographing, background check, medical screening
Arraignment (Within 24-48 hours)
First court appearance, judge sets bail amount, charges are read
Bail Posted (1-4 hours)
Family contacts bondsman, paperwork signed, fee paid
Release (2-6 hours)
Processing, release paperwork, return of personal property, court date assigned
Total Time Estimate
From arrest to release: 12-48 hours depending on booking workload, time of arrest (weekends take longer), and how quickly bail is posted.
After Release: Critical Deadlines
1. Request MVD Hearing - 15 Days
You have only 15 days from arrest to request your administrative license hearing. This is separate from your criminal case.
2. Retrieve Your Vehicle
Impound fees accrue daily. Get your car as soon as possible to avoid hundreds in storage fees.
Calculate Impound Costs3. Hire an Attorney
A attorney can help with license hearings, plea negotiations, and potentially getting charges reduced or dismissed.
Find Horry County Lawyers4. Appear at ALL Court Dates
Missing court will result in bond forfeiture, arrest warrant, and additional charges. Your co-signer will be liable for the full bail amount.
Horry County Bail Process After DUI Arrest
Being arrested for DUI in Horry County, South Carolina can be a frightening experience. One of the first things on your mind is likely how to get out of jail. This guide provides a clear, step-by-step explanation of the bail process in Horry County, helping you understand your options and take the necessary steps to regain your freedom. Remember, this information is for guidance only and does not constitute legal advice. You should always consult with a qualified DUI attorney as soon as possible.
Understanding Bail in Horry County
Bail is essentially a security deposit paid to the court to ensure you appear at all required court dates. Think of it as a promise to return. In Horry County, after being arrested for DUI, you'll be taken to the Horry County jail for processing. A judge or magistrate will then set a bail amount, which is determined based on factors such as the severity of the charges, your criminal history (or lack thereof), and whether you're considered a flight risk. The purpose of bail is to balance your right to freedom before trial with the court's need to ensure your appearance.
Typical Bail Amounts for DUI
While specific bail amounts are determined on a case-by-case basis, here's a general idea of what you might expect for DUI charges in Horry County. Keep in mind these are estimates and can vary:
- First Offense: $500 - $2,000
- With Injury: $2,500 - $10,000 (or higher, depending on the severity of the injury)
- With Prior Offenses: $1,000 - $5,000 (and potentially higher, depending on the number of prior DUIs and their recency)
These amounts are influenced by South Carolina state guidelines and the specifics of your arrest.
How to Post Bail in Horry County
There are several options for posting bail in Horry County:
Option 1: Cash Bail
- How it Works: You pay the full bail amount directly to the Horry County jail.
- Pros: If you attend all your court dates, you'll typically receive approximately 90% of the bail amount back after your case concludes (the court retains a small administrative fee).
- Cons: Requires having the full bail amount available in cash.
- Where to Pay: The Horry County jail. Contact them directly for specific payment methods accepted (cash, certified check, money order are common).
- Payment Methods: Check with the Horry County jail for accepted payment methods. Generally, they accept cash, certified checks, and money orders. Personal checks are rarely accepted.
Option 2: Bail Bondsman
- How it Works: You pay a non-refundable fee, typically 10-15% of the total bail amount, to a licensed bail bondsman. The bondsman then posts the full bail on your behalf.
- Pros: You don't need to come up with the entire bail amount upfront.
- Cons: The fee is non-refundable, even if your case is dismissed. You are also responsible for ensuring you attend all court dates, as the bondsman is liable for the full bail amount if you fail to appear.
- What You'll Need:
- Photo ID (driver's license, passport)
- Proof of address
- Contact information for family and friends
- Collateral (sometimes required, especially for higher bail amounts. This could be property, vehicles, etc.)
- A co-signer (someone who agrees to be responsible for your appearance in court if you fail to do so)
- Local Bail Bondsmen near Horry County Jail: Search online for "Bail Bonds Horry County SC" or "Bail Bonds near [City where you were arrested within Horry County]". Look for bondsmen with 24/7 availability.
Option 3: Property Bond
- How it Works: You use real estate (land or a house) as collateral to secure your release.
- Pros: You don't have to pay cash or a bondsman's fee.
- Cons: The property must be worth significantly more than the bail amount (typically 150-200%), and the process can be lengthy and complex, involving appraisals and legal filings. It also puts your property at risk if you fail to appear in court.
- Requirements: This option usually requires working with an attorney to prepare and file the necessary paperwork. Contact your attorney for guidance.
Option 4: Personal Recognizance (PR Bond)
- How it Works: You are released on your own recognizance, meaning you promise to appear in court without having to post bail.
- Pros: You don't have to pay any money.
- Cons: Not available to everyone.
- Eligibility: A PR bond is more common for first-time offenders with strong ties to the community and no history of failing to appear in court. The judge will assess your risk of flight and your likelihood of complying with court orders.
- Horry County Specifics: The availability of PR bonds in Horry County depends on the specific circumstances of your case and the judge's discretion.
Timeline: How Long Until Release?
- Typical Processing Time: After bail is posted, it can take anywhere from 2 to 6 hours for processing and release at the Horry County jail. This time can vary depending on the jail's workload and the time of day.
- Best Times to Post Bail: Posting bail during regular business hours (Monday-Friday, 8 AM - 5 PM) is generally faster, as more staff are available to process the paperwork.
- What Can Delay Release: Delays can occur due to:
- High jail population
- Staff shortages
- Complicated paperwork
- Warrants from other jurisdictions
What Happens After Posting Bail
- Conditions of Release: You will likely be given specific conditions of release, such as:
- Avoiding contact with certain individuals (e.g., the victim in your DUI case)
- Refraining from alcohol consumption
- Attending substance abuse counseling
- Avoiding further arrests
- When You Must Appear in Court: You will be given a date and time for your arraignment or initial court appearance. This is a mandatory hearing, and you must attend. Your bail bond will specify the date, time, and location.
- What Happens If You Miss Court: If you fail to appear in court, a warrant will be issued for your arrest. You will also forfeit your bail money (or the bail bondsman will be liable for it). Missing court can also lead to additional charges.
Special Considerations in Horry County
While the general bail process is similar across South Carolina, Horry County may have specific local procedures. It's always best to confirm the exact process with the Horry County jail or a local attorney. Be aware of any specific court programs that might influence your case or bail conditions.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. It is essential to consult with a qualified attorney in Horry County, South Carolina, to discuss your specific situation and legal options after a DUI arrest. A lawyer can help you navigate the complexities of the legal system and protect your rights.
Sources
South Carolina Penal Code
Horry County Sheriff's Office
Texas Department of Public Safety