Pretrial Release and Bond for DUI Arrests in Lexington

Within 24 hours of one’s DUI arrest, they go before a magistrate judge or municipal court judge, depending on where they are located. The judge presides over the bond hearing and determines the bond amount. They consider certain factors to determine how to set a bond and whether it should be a PR bond or a surety bond.

The judge determines whether the bond amount reasonably assures a person’s appearance in court. They decide whether the individual is a flight risk and whether their release poses an unreasonable danger to the community. Depending on that and specific factors such as ties to the community, prior record, and the nature of the offense, the judge either sets a PR bond or a surety bond based on what they believe is appropriate.

When a person does not comply with the conditions of bond while they are on pretrial release, their bond could be revoked. They have to go back to jail or they could be held in contempt of court and be required to serve jail time.

Read below to learn more about pretrial release and bond for DUI arrests in Lexington. And if you are facing charges, call a seasoned DUI lawyer right away.

What is Bond?

A bond allows an individual to leave the jail after they are arrested. In South Carolina, the person who was arrested is required to have a bond hearing within 24 hours of their arrest. Bond is a mechanism that gives the court the ability to ensure a person’s appearance in court.

There are two types of bonds:

• A personal recognizance (PR) bond
• A surety bond

If a judge sets a $1,000 PR bond, the person does not pay anything to get out of jail. A person may get a PR bond if the judge determines the individual is not a risk to the community. If the judge sets a $1,000 surety bond, depending on the percentage set, the individual may have to post a specific amount of that money to the clerk of court’s office or have a bail bondsman post that bond on their behalf.

Posting Bond

A bond is personally posted in Lexington through the clerk of court’s office. The individual may cover the funds themselves when it is a surety bond and they can afford it. They may need to use a bondsman. The person pays a percentage to the bondsman who posts the bond themselves at the bond court clerk’s office.

In addition to seeking a bail bondsman, they may need to post a surety bond. If the individual has not already hired a lawyer, they should do so as soon as possible. An attorney could be beneficial with the pretrial release and bond for DUI arrests in Lexington.

How an Attorney Could Help a Defendant Get Released on Bond

A lawyer plays can be hired prior to the bond hearing to be present on the defendant’s behalf and to advocate for an appropriate bond in the case. Through the pretrial release process after the bond hearing, the lawyer represents the defendant throughout that representation. Therefore, it is imperative for a defendant to obtain an accomplished attorney as soon as possible.

Documents Received Following a Release From Jail

An individual should receive a copy of their arrest warrant or ticket. They should be in a position where they get their bond paperwork as well as their preliminary hearing form if it is a general session case and any other documents related to their property that was seized when they were arrested. The defendant should show this paperwork to their attorney.

Call a Lexington Lawyer About Pretrial Release and Bond for DUI Arrests

It is critical that a defendant hires an experienced attorney because they are immediately able to start building the best defense possible by identifying the available issues to pursue, obtaining evidence, and providing advice to the person who was arrested as to how they should proceed. The attorney begins to prepare the best defense possible from the first day to make sure the defendant’s rights are protected. Call a lawyer today to learn more about pretrial release and bond for DUI arrests in Lexington.