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Home > How to Post Bail in South Dakota: 5 Things to Know

How to Post Bail in South Dakota: 5 Things to Know

In an effort to protect residents and others who find themselves in court and in need of the help of a bail bond company, South Dakota has a number of regulations and limitations in place. For example, a state law makes it illegal for a specified group of people to “directly or indirectly receive any benefits from the execution of any bond.” These prohibited individuals include jailers, police officers, the committing magistrate, magistrate court judges, sheriff’s, deputy sheriffs and constables.

If you are arrested in South Dakota, here are 5 things you should know about posting bail:

1.  3 Ways to Get Out of Jail

Personal recognizance – This type of bond is the option most sought after by defendants because it allows a release from jail without paying any money. Generally, only defendants accused of non-violent crimes with no prior criminal history who also have ties to community are granted a PR release.

Cash bond – If a defendant has the money to pay for the entire amount of bail, or can get the money from a co-signor, this is generally the quickest way to be released from jail. It is usually only chosen with misdemeanors and small bail amounts, and those offenses normally have preset bail schedules. Whoever puts up the cash bond gets the money back if the defendant shows up for all scheduled court appearances, minus only court costs and fees.

Surety bond – A bail bond company can assist a defendant who is unable to pay the entire amount in cash. With a surety bond, the defendant signs a contract agreeing to show up in court in exchange for a payment of usually 10 percent of the bail amount to the bail agent. The bail bond agent then guarantees the entire amount of the bail in what is essentially an insurance agreement. The bail bond company pays no more money as long as the defendant doesn’t violate any bail conditions. A co-signor can help or pay the entire 10 percent, but is legally liable if the defendant jumps bail.

2.  How to Get Bail

Bail is pre-determined for many of the most common misdemeanor offenses. A defendant can begin arrangements to post that bail as soon as he or she is processed into the jail facility – a process that can take a couple of hours or so. If a bail bond agent is involved, preparing and filing the bond  can take another hour or several hours – depending on the size and how busy the local jail or county detention facility is.

3.  What Will Bail Cost

If a surety bond is involved, most agencies charge 10 percent in South Dakota, along with generally minor fees. That charge is called the bail premium and is the cost of doing business with a bail bond company. With a cash bond, virtually all of the money is returned to the defendant or co-signor, with the exception of court fees and costs.

4.  How Long Will I Stay in Jail

Depending on the situation, it can take only a few hours to be released on bond. That’s usually when the offense involved is a misdemeanor and the defendant is not judged to pose any danger to the community or unlikely to show up in court. For a more serious crime, a bail hearing must first be held. Defendants arrested at night and on the weekend may not get released on bail until at least the next day. The bail process can take longer if a defendant is unable to afford the amount set by the magistrate and requests a bond reduction hearing. And for the most serious crimes, and other felonies involving violence, a judge may decide that the defendant should be held in jail without bail.

5.  What if I Miss a Court Appearance?

The court will begin the forfeiture process, although a skilled criminal defense attorney may be able to argue on a defendant’s behalf and have that decision set aside. Otherwise, a warrant for failure to appear is issued. That is a separate crime – a Class 6 felony in South Dakota – punishable by up to 2 years in jail and up to $4,000 in fines. When a bail forfeiture is ordered, the defendant or co-signor – or both – will be responsible to repay the entire amount of the bail to the bail bond company. Any collateral that was put up to guarantee bail can be seized and sold by the bail bond company.

The information contained above is for informational purposes only. If you need legal advice you should visit an attorney.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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How to Post Bail in South Dakota: 5 Things to Know

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