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Tag Archive for: Defense Attorney

What is Bail and How Does it Work?

July 9, 2019/in Criminal Law, DUI Defense, Resources

How Does Bail Work?

Bail is a payment given to the court so a person doesn’t have to spend time in jail. More precisely, bail is a legal exchange with the arrestors or the court, extending people’s time before a legal proceeding.

There are two ways a person receives bail.

  1. The police post bail upon arrest.
  2. The court decides the bail amount.

If the court or the police responsible for the arrest have an undeniable proof for a heinous crime, each form of responder can refuse bail.

For context, bail amounts change depending on the severity of a person crime. For instance, a DUI costs less than drug possession. Here’s another layer: each state has different bail standards.

When a judge begins weighing up bail, he’ll also consider the civil and criminal history of the defendant.

Posting Bail

What does it mean to post bail? Put simply, posting bail means you pay your pail instead of going/staying in jail.

This happens the moment you’re sent into booking. An officer will either hand you a ticket explaining your bail, or you’ll have to wait. In some cases, your bail won’t be “posted” right away.

As mentioned above, if your crime is considered too serious by the judge, you might not have the option to post bail.

In these moments, before or after posting bail, you might want to contact your attorney.

Paying For Bail

You can pay in cash, by check, or other forms of currency to the court itself. This resolves you from your jail sentence but doesn’t save you from court proceedings.

If the cost of bail is too much, you might qualify for a bail bond.

Bail bonds are essentially credit loans to relieve the cost of bail. When you think about how bail works, you must realize that the actual money is credit owed to the court system for civil damages.

When a bail bondsman assists a defendant, they pay a portion of their bail up front (an amount that depends upon the bondsman) and make a defendant sign a written agreement.

This contract demands that defendants show up to their trial. If they don’t, they have to pay the bail in full. In some cases, an absent defendant has to pay the bail plus interest fees.

If finding a bail bondsman sounds risky, one has the option to depend on their insurance agency to perform the same function.

These fees fluctuate between agencies the same way bondsman costs vary district to district.

Additional Options

To avoid bail entirely, an outside force could make the case against the bond amount. For example, if the crime committed has not been fairly met with a bail amount, there’s cause for intervention.

In other scenarios, someone might convince the judge to release a defendant if there is reasonable cause. You can find some of these loopholes through having a conversation with an attorney you trust.

Issues and Concerns

An estimated 400,000 people in the US stay in jail because they can’t afford bail. Therefore, an issue surrounding the bail system is cost and effect on prisoners.

In some cases, people may be assumed culpable for crimes they didn’t commit because they weren’t able to pay bail.

Recent changes in bail laws in different states, which remove payment options, or add others on, might compel you to find an apt attorney to solve your bail problems.

Here are the current bail laws that you need to know:

  • Conditional release
  • Bail based on certain crimes

Let’s explore each of these items, giving you a headstart before you meet with your attorney.

Bail Based On Certain Crimes

If you or someone you love has committed a crime, you need to figure out how much your state charges them for release.

Furthermore, every judge determines bonds on a scaling system. This slider determines the amount the accused must owe.

If you’re unsure how much different crime is worth for bail, ask an attorney, or a law-office near you.

Conditional Release

Sometimes a judge or magistrate will release the accused instead of charging bail. Instances include:

  • When another puts the bail on an accused person that outweighs their risk to the community.
  • When the accused shows no remaining signs of a threat to a community.
  • When bail doesn’t sufficiently meet the charges set on the accused.
  • When a third-party can intervene, proving that release aids the upcoming proceedings.

There Is Someone On Your Side

You’ve asked how does bail work, and now you got your answer. With a basic knowledge of bail systems, their payment options, and legal proceedings, you’re off to a great start.

Still, you can make yourself even more secure.

At the end of the day, if you’re worried about how to pay your bail, you need a good attorney to show you the rest of the way.

Don’t be afraid to get your loved one out of a cell. What do you say? This is your chance to educate your friend and family. Make sure you are prepared before anything slips.

Go for it! Take the next step and contact us today for the consultation you need.

https://debruinlawfirm.com/wp-content/uploads/2017/03/money-card-business-credit-card-50987-1.jpeg 1025 1538 Bryan De Bruin https://debruinlawfirm.com/wp-content/uploads/2025/04/logo.png Bryan De Bruin2019-07-09 17:38:482019-10-14 18:44:40What is Bail and How Does it Work?

South Carolina’s Drunk Driving Laws: What You Need to Know

July 2, 2019/in Criminal Law, DUI Defense, Resources

When you’re arrested for drunken driving in South Carolina, there are several things that are going to happen that will cost you money. These include court appearances, fines, and fees. And these are just the main expenses if you’re a convicted drunk driver. By law, you will also have to pay for DUI school, drinking disorder evaluations, and a higher insurance premium.

A South Carolina DUI is a traffic offense, but it’s also a criminal conviction. It is considered one of the most serious misdemeanor offenses in the state’s magistrate and municipal courts. We encourage you to keep reading more below about SC DUI laws in case of an unwanted incident.

SC DUI Laws

South Carolina law prohibits a person from operating a vehicle while under the influence of alcohol or drugs. This is because at some point the person’s faculties to drive are impaired. You will be an outlaw if your blood alcohol content (BAC) is 0.08 percent or higher, despite the level of visibleimpairment.

This means that it is not necessary for a person to display the signs one would associate with someone who is under the influence. Under the South Carolina, DUI law section 56-5-2930 a person can still be arrested for driving under the influence even if their BAC level is below 0.08 percent. This is just by displaying signs consistent with a person who is under the influence.

Arrested and Booked

When an officer stops you on suspicion of DUI, they’re already building a case against you by observing your driving patterns. Reasonable grounds will allow the officer to request you to perform a sobriety test and that you submit to a chemical test.

This test is required by the South Carolina Implied consent law section 56-5-2950. If you refuse to submit to a chemical test you will be informed of the penalties for test refusal, even if this does not mean your guilty of a DUI.

A final refusal to a chemical test can result in a 6-month license suspension. And if you have a prior alcohol-related conviction or suspension within the preceding ten years, you risk a 9-month suspension.

Underage Penalties

SC DUI laws prohibit anyone under the age of 21 to operate a vehicle with a BAC greater than 0.02%. This is translated to South Carolina’s “zero tolerance” law, which states that if this law is broken the underage person will face an automatic suspension of their licenses for three months or six months (if there’s a prior alcohol-related conviction).

What Happens After I’m Charged?

You’d have to spend the night in jail and bond out the next day. When you’re charged with a DUI you have three options when it comes to facing charges.

  1. You can choose to plead guilty in magistrate court and accept the penalties that come with the charge.
  2. Ask for a bench trial (you’d face a magistrate judge and the arresting officer would serve as a prosecutor).
  3. Request a jury trial (this moves the case to a general sessions court and a prosecutor is assigned to replace law enforcement).

If you plead guilty or have a bench trial, the case can be resolved quickly. But, requesting a jury trial results in a delay. According to an article published in Greenville Online, DUI cases take around six to nine months in Greenville County and closer to a year in Pickens County.

The penalties for a DUI conviction in South Carolina can be severe. After a first-time DUI offense, for example, the state can carry a mandatory jail sentence depending on the breathalyzer results.

What Evidence Does The Prosecution Need to Get a DUI Conviction?

South Carolina law has strict requirements for proving evidence against people accused of a DUI. In 2009, the state approved a video recording amendment that requires field sobriety and breath tests to be recorded on video.

How a First Offense DUI Looks like

If you get convicted and you’re a first-time offender you can face anywhere from 48 hours to 90 days in jail, depending on your BAC at the time of the arrest.

A second offense DUI is punishable by up to 1 year in jail, a $5,100 fine, and a 1-year revocation (BAC under 0.10%). Your third offense is punishable by up to 3 years in jail and includes a $6,300 fine and 2-4 year revocation.

Ignition interlock may be required after your license period suspension ends. This device requires you to blow into it to show that you’re not impaired before turning on a vehicle.

Treatments After Convictions

Depending on the severity of your DUI conviction, you will be required by the state to enroll in the Alcohol and Drug Safety Action Program. This program requires you to get an alcohol and drug assessment and follow the recommended treatment.

There are over 40 different drug treatment centers in the state of South Carolina more than equipped to help you. The programs help to ensure that you don’t repeat a misdemeanor and avoid being pulled over again. Under SC DUI laws, a trained counselor will also test your pattern of alcohol consumption to determine whether you have an alcohol abuse disorder.

Terms of Probation

Another form of treatment is through community service. When you’re a first-time offender you may be eligible to do community service instead of serving jail time.

Under South Carolina law, the number of hours dedicated to community service is equal to the amount of jail time that would have been required. Remember that the penalties listed above can differentiate based on your BAC of the moment you were stopped by an officer.

For example, the state’s legislature removed the possibility of substituting community service hours for jail time for second-time offenders. If you are convicted of a second DUI you will be required to spend five to 30 days in jail, depending on your BAC.

Consequences of a DUI

Although South Carolina categorizes a first DUI offense as a misdemeanor, you should not underestimate the serious consequences of that first DUI arrest or conviction.

When you’re charged you need to understand the SC DUI laws so you can prepare for the long process of probation fees and terms. Act quickly and consider contacting a DUI attorney who can help you get familiar with the issues associated with your charge.

Don’t hesitate to visit our web page for more information on our team of legal experts and contacts us today for a free consultation.

https://debruinlawfirm.com/wp-content/uploads/2017/01/2.jpg 150 267 Bryan De Bruin https://debruinlawfirm.com/wp-content/uploads/2025/04/logo.png Bryan De Bruin2019-07-02 17:29:442019-12-23 12:41:14South Carolina’s Drunk Driving Laws: What You Need to Know

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