What happens if someone misses court while out on bond in South Carolina?

The sequence the law sets out

1. Bench warrant. If a defendant violates the conditions of release on bond, including failing to appear, the court shall issue a bench warrant (S.C. Code § 38-53-70).
2. Notice within 30 days. The court must give written or electronic notice of the warrant within 30 days to every party bound on the bond, including the surety.
3. 90 days to surrender. If the surety does not surrender the defendant, or place a hold on their release from custody elsewhere, within 90 days of the bench warrant, the bond is forfeited.
4. Possible remission. Before execution on a forfeiture judgment, the court may remit all or part of it if justice requires, considering the costs to the state, county, or city and the efforts of law enforcement to find the defendant. The court may also let the surety pay in installments for up to six months, with a handling fee set by the statute.

The law can change; the statute link above has the current text. This is general information, not legal advice.

Surrender by the bondsman

A bondsman does not have to wait for a missed date. Under S.C. Code § 38-53-50:

• a surety may ask the court to be relieved of the bond for good cause by filing a motion with the clerk;
• if the defendant has violated, or is about to violate, a specific term of the bond, the surety may take the defendant to the detention facility, and must file an affidavit with the facility and the court within three business days stating the facts;
• nonpayment of premium fees alone is not sufficient cause for immediate jailing;
• if the defendant is jailed on the bench warrant, the surety files an affidavit and is generally relieved of liability unless the circuit court orders otherwise within 14 days.

Since 2023, the bail statutes also require bondsmen to act on reports that a defendant is violating conditions such as electronic monitoring, and the S.C. Department of Insurance has warned bondsmen they risk discipline if they ignore those reports.

What it means for each person

• The defendant can be arrested on the bench warrant, held, and face a new bond decision. Missing court can make future bond harder to get.
• A co-signer may owe the bondsman under the indemnity agreement, and collateral may be at risk. The bondsman must send ten days' certified notice before converting collateral to cash. See getting collateral back.
• Someone who posted cash with the court can lose it.
• An accommodation bondsman is indebted to the state for the bond amount.

What to do right now

• Call the court on the bond paperwork or ticket and ask what happened and what the next step is. In Spartanburg County, General Sessions, magistrate, and municipal court contacts are on the jail and courts page.
• Call a lawyer. If the defendant cannot afford one, they can apply to the Seventh Circuit Public Defender.
• Call the bondsman, if one posted the bond. They are on a deadline too.
• Do not ignore it. The 90-day clock and the warrant do not stop on their own.

How to avoid it

Write every court date on a calendar the day of release, and keep the clerk updated with any change of address. Spartanburg County's clerk says defendants must keep it updated. Ask the bondsman how it sends reminders, and ask the court how to confirm dates if a notice does not arrive.

Related: the bond hearing and what co-signers should know.