Bail After An Arrest
S.C. Code 17-15-10 — release on recognizance unless the court finds a reason not to
Recognizance first. A person charged with a noncapital offense is, at their appearance, ordered released pending trial on their own recognizance without surety, unless the court decides in its discretion that release will not reasonably assure the person's appearance, or that unreasonable danger to the community or an individual will result.
- An appearance bond in a set amount with sureties the court approves.
- Custody of a person or organization agreeing to supervise.
- Restrictions on travel, association or place of abode.
- Any other condition reasonably necessary to assure appearance, including returning to custody after certain hours.
Those are the conditions a court may set when it makes that finding. In deciding, it may weigh the offense and the person's family ties, employment, financial resources, character and mental condition, length of residence, record of convictions and record of failing to appear, and it must consider the criminal record, pending and prior charges, the incident reports and whether the person is out on bond for another offense.
A bond hearing for a charge under the domestic violence chapter must take place within twenty four hours after the arrest, and may not go ahead without the criminal record and incident report or the arresting officer present.
Wilfully failing to appear after release on a felony charge carries a fine of up to $5,000 or up to five years, or both; on a misdemeanor whose maximum is at least one year, a fine of up to $1,000 or up to one year. Capital charges and the circuit court's review of a summary court's bond are not on this page. Questions about a particular bond are for a licensed South Carolina attorney.
Sources for this section (3)
- S.C. Code 17-15-10 — Person charged with noncapital offense may be released on his own recognizance
- S.C. Code 17-15-30 — Matters to be considered in determining conditions of release
- S.C. Code 17-15-90 — Wilful failure to appear; penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.