How does bail work in South Carolina?

The short answer

South Carolina law starts from release on your own recognizance: a signed promise to come to every court date, with no money posted (S.C. Code § 17-15-10). A judge can depart from that only after deciding that a recognizance bond will not reasonably assure the person comes back to court, or that releasing them would be an unreasonable danger to the community or a person. Then the judge may require a bond with a surety, place the person in someone's custody, restrict travel or contact, or add other conditions.

Bail laws, fees, and procedures can change. This page summarizes the law as of October 2026 and links every source.

Who sets bond in Spartanburg County

For most charges, bond is set by a magistrate at the bond court office inside the Spartanburg County Detention Center, 950 California Avenue. The Sheriff's Office says bond hearings are usually held every day at 11 a.m., 6 p.m., 9 p.m., and midnight, and after that as needed. State law requires a bond hearing within 24 hours of arrest for a bailable offense (S.C. Code § 22-5-510).

Some charges are different. Magistrates cannot set bond for offenses punishable by death or life imprisonment, and they may deny bail for violent offenses. In those cases, a circuit judge in General Sessions decides. The bond hearing guide explains the hearing itself.

The kinds of bond

Personal recognizance (PR) bond

The defendant signs the bond form and promises to appear. No money is paid up front, but the defendant owes the full bond amount to the state if they fail to appear or violate the conditions. The Sheriff's Office says anyone charged with a non-capital offense is entitled to a PR bond unless the court decides otherwise.

Surety bond

The judge sets an amount and requires that it be secured. In Spartanburg County, the Sheriff's Office describes three ways to satisfy it:

1. Pay the full amount in cash to the court.
2. Deposit up to 10% in cash with the court, if the judge approves. The clerk returns the deposit when the defendant meets the bond's conditions, except as the law provides (S.C. Code § 17-15-15).
3. Have a surety sign the bond with the defendant.

Two kinds of surety

• A licensed professional bondsman. The bondsman guarantees the full amount in exchange for a premium. South Carolina caps the premium at 15 percent of the bond, with a minimum of $100 or 10 percent of the bond, whichever is greater (S.C. Code § 38-53-170). The premium is not refundable. See what a bondsman can charge.
• An accommodation bondsman. A South Carolina resident, 18 or older, who owns real property and receives nothing for signing other than "love and affection" (S.C. Code § 38-53-10). In Spartanburg County, apply at the magistrate court office in the detention center with photo ID, the property address, and the balances of any liens, judgments, and other bonds you have signed. The clerk checks the county assessor's records and works out how much bond you can sign.

Conditions

Any bond can come with conditions: no contact with an alleged victim, travel limits, electronic monitoring, or a curfew. Breaking a condition can lead to a bench warrant and loss of the bond, even if every court date is kept.

What the judge considers

The law lists what a court may weigh when setting conditions, including family ties, employment, financial resources, character and mental condition, how long the person has lived in the community, prior convictions, and any history of failing to appear. It also lists what the court must consider, including the criminal record, pending charges, the incident reports, and whether the person is already out on bond for another offense (S.C. Code § 22-5-510 and § 17-15-30).

After bond is posted

Release must happen within a reasonable time, no more than four hours, after the bond is delivered to the jail (S.C. Code § 22-5-510). Weekends and busy nights can still feel slow. Keep every piece of paper: the bond form lists the conditions and often the first court date.

From there, the most important thing is to keep every court date. The missed court guide explains what happens if one is missed.

Before you call a bondsman

• Confirm the person is in custody and the bond amount with the detention center or bond court, using the numbers on the jail and courts page.
• Decide whether paying cash, a 10% deposit, or a property owner is possible. You do not have to use a bondsman.
• If you call a bondsman, check the license with the S.C. Department of Insurance. The license guide shows how.

Bail bond companies serving the Spartanburg County Detention Center are in the directory. For a DUI arrest, our sister site SpartanburgDUI.com explains the separate 30-day DMV deadline.