No Bail Set? Why You Might Be Held Without Bond, What to Do Next

When you’re arrested, one of your first questions is probably: How do I get out of jail? This four-part series breaks down what happens after an arrest - starting with the basics of bail (or what we call bond here in SC).

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When Bond Isn’t Set

Not everyone arrested in South Carolina is automatically given a bond. If you're charged with a serious or violent offense, the magistrate or municipal judge may not have the authority — or the discretion — to set one at your initial hearing.

In that case, you’ll remain in jail until a higher court can review your bond status.

What Happens Next

If no bond is set, you may need a lawyer to file a motion requesting a General Sessions bond hearing. This hearing takes place in front of a circuit court judge, who will determine whether to grant bond and under what conditions.

The timeline to get back into court depends on the county. In Georgetown County, it typically takes 4 to 6 weeks to get a hearing scheduled. In neighboring areas like Horry or Charleston, it may be sooner or longer depending on the court docket and case volume.

What If Bond Is Denied Again?

Even at the General Sessions level, a judge can deny bond entirely. If that happens, you won’t be eligible to request another bond hearing for six months — unless there’s a significant change in your circumstances (like new evidence or health-related concerns).

Why Legal Support Matters

Being held without bond can impact nearly every part of your case. It limits your ability to work with your attorney, puts strain on your personal life, and delays how quickly your case can move forward.

An experienced criminal defense attorney can:

• File the appropriate motion for a new bond hearing

• Prepare and present relevant facts to the court

• Communicate with the solicitor’s office and advocate for a timely review

Even if you don’t yet have a private attorney, it’s important to apply for a public defender as early as possible to avoid unnecessary delays.

Held Without Bond in SC? We’re Here to Help.

If you or a loved one is being held without bond in Georgetown, Horry, or Charleston County, Erin Bailey Law can walk you through what to expect — and help you take the next step forward.

Contact our criminal defense team today. We’ll help you understand your options and get the process moving.