Address:
209 East Main Street
Elk Point, SD 57025-2327
Phone:
605-356-9498
What kind of bonds are accepted in Union County?
Who can set bail in Union County?
When is bail set in Union County South Dakota?
Yes, Union County recognizes most types of bonds.
In South Dakota, it is up to the defendant to bear the burden of proof as to why they will not, or do not have the ability to flee prosecution.
Bail is usually established in cases where a felony or Class I misdemeanor has occurred.
People arrested on Class II misdemeanors are usually released on recognizance meaning that if the court decides that there is a good chance that the arrested will show up for trial and not flee, they are released on their own promise, or recognizance without having to pay bail.
In Union County, once bail is set a defendant must pay the required amount of bail set by the court to be released from temporary holding (typically the county jail). If the person cannot afford the amount of bail required by the court, they must seek a bond from a licensed bondsperson to cover the amount. The bondsperson will charge 10% and can offer a surety or property bond.
The magistrate judge is given the ability to consider various factors in determining bail. Judges in South Dakota rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
Typically, some of the biggest factors considered are the nature of the offense, the amount of credible evidence against the defendant, the defendant’s criminal history, their location, their income, and their ability to afford to attempt to escape prosecution.
The South Dakota Courts can set conditions for the release of a defendant on bail. These conditions can include many factors such as not leaving a certain area, not consuming drugs or alcohol, not hanging out with certain people, and receiving mental health counseling. If these conditions are not met the person will be taken back into custody.
Bail for minor, non-violent offense are set via a phone call with the on duty judge between 8:00 am – 9:00 pm.
If the arrest occurs after 9:00 pm you will need to wait until 8:00 am the next day.
More serious offenses require a hearing in front of a judge, which will be scheduled according to the court calendar. This will generally occur the next day, not including weekends or holidays.
Bail is what the arrested in Union County must pay or do to stay out of jail until the first court appearance.
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 Union 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.
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 detained in a jail or prison 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.
In South Dakota, once bail is set a defendant must pay the required amount of bail set by the court to be released from temporary holding (typically the county jail). If the person cannot afford the amount of bail required by the court, they must seek a bond from a licensed bondsperson to cover the amount.
Before rushing into contacting a bond company, consider the following:
Payments to a bond company are not refundable. It is a long process to get back property title to secure the bond back. 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.
In South Dakota, if you do not have cash to pay for bail, a bondsperson can be used. (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.)
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.
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 might be several options available through a bond company, one is a surety bond, and another option is a property bond 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 2 times the amount of the bond.
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.
Yes, Union County recognizes most types of bonds.
In South Dakota, it is up to the defendant to bear the burden of proof as to why they will not, or do not have the ability to flee prosecution.
Bail is usually established in cases where a felony or Class I misdemeanor has occurred.
People arrested on Class II misdemeanors are usually released on recognizance meaning that if the court decides that there is a good chance that the arrested will show up for trial and not flee, they are released on their own promise, or recognizance without having to pay bail.
In Union County, once bail is set a defendant must pay the required amount of bail set by the court to be released from temporary holding (typically the county jail). If the person cannot afford the amount of bail required by the court, they must seek a bond from a licensed bondsperson to cover the amount. The bondsperson will charge 10% and can offer a surety or property bond.
The magistrate judge is given the ability to consider various factors in determining bail. Judges in South Dakota rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
Typically, some of the biggest factors considered are the nature of the offense, the amount of credible evidence against the defendant, the defendant’s criminal history, their location, their income, and their ability to afford to attempt to escape prosecution.
The South Dakota Courts can set conditions for the release of a defendant on bail. These conditions can include many factors such as not leaving a certain area, not consuming drugs or alcohol, not hanging out with certain people, and receiving mental health counseling. If these conditions are not met the person will be taken back into custody.
Bail for minor, non-violent offense are set via a phone call with the on duty judge between 8:00 am – 9:00 pm.
If the arrest occurs after 9:00 pm you will need to wait until 8:00 am the next day.
More serious offenses require a hearing in front of a judge, which will be scheduled according to the court calendar. This will generally occur the next day, not including weekends or holidays.
Yes, your attorney can also request a bond reduction.
The person posting bail could be the defendant, a relative or close friend, 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 Dakota could be the surety and execute a bond to the court on your behalf.
South Dakota counties do not currently process online payments for bail.
Contact the jail for specific information on how to pay bail. Go to the Union County Jail for more information about the jails in Union County.
Most South Dakota courts only accept cash or surety issued by bail bond agent. Contact the jail for specific information on what methods of payment are accepted. Go to the Union County Jail for more information about posting bail in Union County.
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 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 Union County Jail 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.
Bail bond procedures in Union County and South Dakota can vary, so it is best to contact Union County Jail at 605-356-9498 or the court in the jurisdiction where the defendant was charged (e.g., Municipal Court, District Court) right after the arrest to confirm current policies.
Ask the staff at Union County Jail or the Union County Court Clerk these key questions:
If the bail amount seems high, you can contact a lawyer or the defendant’s public defender to explore options for a bail reduction. Starting the process early will help expedite the defendant’s release.
Having a lawyer or bail agent handle the details can help the process go smoothly.
Option 1 - How to Post Cash Bail at Union County Jail
To post a cash bond, you need to pay the full bail amount in cash, cashier’s check, or money order. Personal checks are not accepted.
Bail amounts range from $100 to $75,000 or more depending on the charges.
You can post a cash bond at Union County Jail or the court where the bail hearing took place. Going directly to the jail will speed up the process, as paperwork from the court must be transferred there.
Cashier’s checks and money orders should be made payable to Union County Jail, the Union County Sheriff’s Office, or the Union County Court.
Money orders can be obtained from Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond for a Defendant at Union County Jail
If the full bond amount is not available, a surety bond is an option. A bail agent will post the bond in exchange for a premium, usually 10-15% of the total bail amount.
For example, if bail is set at $5,000, the premium will range from $500 to $750.
The bail agent may require collateral, such as property or valuables, to secure the bond in case the defendant fails to appear in court.
By signing an agreement with a bail agent, you become responsible for the full bail amount if the defendant does not appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Union County Jail
If you own property in Union County, you may be able to post a property bond. All owners must be present to sign the bond agreement.
For properties outside of Union County, contact a local bail agent or attorney for guidance.
Click here for more details about posting bail at Union County Jail.
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 Dakota state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
