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The defendant was not released and picked up by another county and detained. How do I go about that?

The defendant was not released and picked up by another county and detained. How do I go about that?

Full question:

I'm a surety that wishes to be relieved on a bond for good cause. The defendant was not released and picked up by another county and detained. How do I go about that?

Category: Bonds
Subcategory: Surety Bonds
Date: 04/07/2025
State: South Carolina

Answer:

A surety desiring to be relieved on a bond for "good cause" or the nonpayment of fees shall file with the court a motion to be relieved on the bond. A copy of the motion must be served upon the defendant, his attorney, and the solicitor's office. The court shall then schedule a hearing to determine if the surety should be relieved on the bond and advise all parties of the hearing date.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What does discharge of a surety bond mean?

Discharge of a surety bond occurs when the surety is released from their obligation under the bond. This can happen for various reasons, such as the completion of the defendant's case, the defendant's death, or if the court grants a motion to relieve the surety for good cause. Once discharged, the surety is no longer liable for the bond amount or any obligations associated with it.

What are the four ways in which a defendant may make bail?

A defendant can make bail in several ways: 1) Cash bail, where the full amount is paid in cash; 2) Surety bond, where a bail bondsman posts the bond for a fee; 3) Real property bond, using real estate as collateral; and 4) Release on recognizance, where the defendant promises to appear in court without posting bail. Each method has different implications for the defendant and surety.

What does it mean to be released on a surety bond?

Being released on a surety bond means that a defendant is allowed to go free from custody after a surety (usually a bail bondsman) guarantees their appearance in court. The surety pays the court a specified amount, and if the defendant fails to appear, the surety is responsible for paying that amount. This arrangement allows defendants to avoid jail while awaiting trial.