Address:
315 East Dr. L. M. Rosemond Blvd.
Gaffney, SC 29340
Phone:
864-487-2529
Does Cherokee County have bail?
What kind of bonds are accepted in Cherokee County?
Who can set bail in Cherokee County?
When is bail set in Cherokee County South Carolina?
Yes, Cherokee County recognizes most types of bonds.
Cherokee County recognizes most types of bonds as listed at this site. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
Magistrate or Municipal judges conduct most bond hearings. Circuit Court judges must set bond on charges where the penalty is life imprisonment or death.
Bail is set at the bond hearing when the judge sets the amount and conditions of a bond. This will generally occur within 24 hours from the time of arrest, not counting weekends or holidays. During this time, the solicitor learns about the crime and creates the charges.
In cases where the crime could result in life imprisonment or death sentence, the bond must be heard in the circuit court at the next term of General Sessions Court.
Bail is what the arrested in Cherokee County must pay or do to stay out of jail until the first court appearance. Bail is not a punishment.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Cherokee County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR. South Carolina state law requires that all accused be ROR unless they would be a danger to public safety or a flight risk.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Cherokee County Detention Center until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
Bail and bond are used interchangeably to mean the same thing but technically, they are different.
The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions.
Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Cherokee County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.
Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.
Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over. This option is commonly used in South Carolina and avoids the use of a bondsperson.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Yes, Cherokee County recognizes most types of bonds.
Cherokee County recognizes most types of bonds as listed at this site. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
Magistrate or Municipal judges conduct most bond hearings. Circuit Court judges must set bond on charges where the penalty is life imprisonment or death.
Bail is set at the bond hearing when the judge sets the amount and conditions of a bond. This will generally occur within 24 hours from the time of arrest, not counting weekends or holidays. During this time, the solicitor learns about the crime and creates the charges.
In cases where the crime could result in life imprisonment or death sentence, the bond must be heard in the circuit court at the next term of General Sessions Court.
A General Sessions judge can modify a bond set by a Magistrate or Municipal Court judge. Modifications go both ways; judges can increase or decrease the bond amount. To get a bond modification, file a Motion to Reconsider Bond with the Clerk of Court.
The person posting bail should be a relative or close friend or bondsperson, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of South Carolina could be the surety and execute a bond to the court on your behalf.
The person who is posting bail pays the bond to the Clerk of Court at the same court as the bond hearing. In turn, they would receive a release letter to take back to the jail for release of the arrested person.
Yes, South Carolina does offer online bail payment in most counties. Contact the jail for specific information on how to pay bail: Go to the Cherokee County Detention Center for more information about the jails in Cherokee County or contact the Clerk of Court of the court that held the bond hearing during normal business hours.
Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Contact the jail for specific information on what methods of payment are accepted: Go to the Cherokee County Detention Center for more information about posting bail in Cherokee County or contact the Clerk of Court.
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
The Cherokee County Detention Center or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.
In South Carolina, Victim Services must schedule all bond hearings, guilty pleas, and other proceedings for defendants at the County Detention Center when there is a victim of a crime involved in the case.
South Carolina law requires that all victims must be notified of all scheduled hearings for a defendant and be given the opportunity to attend those hearings.
It’s important to contact Cherokee County Detention Center at 864-487-2529 or the court where the defendant was charged as soon as possible since bail bond procedures may vary by jurisdiction. Confirming details with the Municipal or District Court will ensure you have the most up-to-date information.
Ask Cherokee County Detention Center or the Cherokee County Court Clerk the following:
If the bail amount seems high, consult a lawyer or public defender to see if a reduction is possible. Starting the process quickly will help expedite the defendant’s release.
A criminal attorney or bail agent can handle the process for you, making it faster and easier.
Option 1 - How to Post Cash Bail at Cherokee County Detention Center
The first option is to pay the full bail amount in cash, cashier’s check, or money order. Personal checks are not accepted.
Depending on the charge, the amount may range from $100 to $75,000 or more.
You can post a cash bond at Cherokee County Detention Center or the court where the bail hearing took place. Going directly to the jail will speed up the process, as the paperwork from the court must be transferred to the jail.
Cashier’s checks and money orders should be made out to Cherokee County Detention Center, the Cherokee County Sheriff’s Office, or the Cherokee County Court.
Money orders can be obtained at Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond for a Defendant at Cherokee County Detention Center
If you don’t have the full bail amount, a surety bond is an option. A bail agent posts the bail for you, and you pay a premium, which is usually 10-15% of the total bail amount.
For instance, if bail is set at $5,000, the premium will be approximately $500 to $750.
The bail agent may ask for collateral, such as property or valuables, to secure the bond if the defendant fails to appear in court.
By signing with a bail agent, you agree to pay the full amount if the defendant skips their court date.
Option 3 - How to Post a Property Bond for a Defendant at Cherokee County Detention Center
If you own property in Cherokee County, you may be able to post a property bond using your real estate as collateral. All property owners must be present to sign the bond agreement.
To use property located outside Cherokee County, contact a local bail agent or defense lawyer for advice.
Click here for more information about posting bail at Cherokee County Detention Center.
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a South Carolina state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
