Legal Question in Criminal Law in South Carolina

Whether or not you need a bondsman on a Driving Under Suspension Third Offense, it depends on the following.

If you are arrested and taken to jail, in order to get out of jail there will be a Bond Hearing. That is where a judge will set a Bond, which is also called Bail.

The judge could set a money bond or a PR Bond. A PR Bond is short for Personal Recognizance. With a PR Bond you would not have to pay any money to get out. If the judge sets a money bond, then yes, you would need money.

With a money bond, there are three ways of doing it. One is to sign over real estate to the court to hold as security while your case is pending. That is not easy to do and it usually takes a few days or a couple weeks to do. It is not something that is commonly done.

You other two options with a money Bond depend on how much the Bond is and how much you can afford to pay. You do not have to use a Bondsman. That is merely an option. The easiest way to explain your choices is to give you an example.

I do not have any idea how much your Bond would be. So don't assume that this example is what your Bond would be. I'm just making up the Bond amout to explain it.

If for example, your Bond is $5,000, then you can do one of two things. If you have $5,000, then you can give that amount to the court and they hold that money while your case is pending. Once you appear in court and the case is resolved, then that is still your money and it is refunded back to you.

If you cannot afford to pay the $5,000, then you can contact a Bondsman. The Bondsman will charge you a percentage of the Bond amount, and then he/she will secure your release with the jail. The Bondsman will usually charge anywhere between 6% to 10% of the Bond amount. So if your Bond is $5,000, then the Bondsman will charge you $300 (6%) to $500 (10%). You will not get any of that money back. The Bondsman keeps that money. That is how they make a living.

One thing that you did not ask, is how to handle the Driving Under Suspension Third Offense charge. That is a serious charge and what you really need to know, is that if you are convicted of a DUS Third Offense, then there is a mandatory 90 days in jail. That is mandatory and cannot be waived. Not even by the judge or solicitor.

There are several ways that a Defense Attorney can defend this charge. One thing is to get it reduced to a Second Offense. That way there is not mandatory jail time. There are a couple other approaches as well.

If your case is in Horry or Georgetown Counties, or one of the nearby counties, then your welcome to call. I'm a Criminal Defense Attorney and these type cases are about 95% of what I do.

The phone number below is forwarded to my cell phone after hours and one weekends. If you call and I don't answer, then leave a message and I'll call you right back.

Robert J. Johnston

Phone: 843-946-0099

Email: [email protected]