South Carolina Bail Bonds: Risk Assessment

Bail Bond Class SC: Risk Assessment

Risk Assessment

​Prior to the posting of a bail bond all prospective clients undergo a risk assessment process. The risk assessment process is preformed in two steps. First, a risk assessment is preformed by the courts, or a magistrate judge, in determining bail for a given defendant. Factors in this determination of bail shall be found by following South Carolina state code and law 17-15-30. These factors include but are not limited to:
Family ties

• Financial resources
• Employment
• Character and mental condition
• Length of residence in the community
• Record of convictions
• Record of flight to avoid prosecution or failure to appear at other court proceedings

Once a magistrate judge has performed risk assessment and set bail in accordance with this assessment the defendant may seek a surety. The surety, bail bondsman, will now perform their own risk assessment based on the preceding information for not only the defendant but also an indemnitor. An indemnitor is a financially bound third party guarantor for the defendant’s appearance in court.

Why use risk assessment?

Risk assessment is utilized to determine the likelihood a defendant will appear in court as required by the court of competent jurisdiction. All defendants are constitutionally afforded the right to reasonable bail, as all individuals accused of a crime are innocent until proven guilty. Risk assessment allows for an educated decision to be made in the determination of bail.    

South Carolina Bail Agents Academy
Donnie Mescia
Founder/Instructor
843-909-2374
[email protected]