South Carolina Bail Bonds Practice Exam

After a conviction, what must happen for a bond to continue?

1. Written consent by the surety

2. A new bail hearing must be held

3. The bond must be re-filed

4. An attorney must be present

The correct answer is: Written consent by the surety

For a bond to continue after a conviction, written consent by the surety is indeed required. This is crucial because the surety, typically a bail bondsman or a company providing the bond, must agree to continue their financial responsibility for the defendant's appearance in court. After a conviction, the legal landscape changes significantly, and the surety needs to assess the associated risks involved in maintaining the bond. Written consent serves as a formal acknowledgment that the surety is willing to uphold their responsibilities in light of the conviction. It protects both the surety and the court by ensuring that all parties are aware of and agree to the conditions under which the bond remains active. The other options do not address the specific requirement of surety consent. For example, a new bail hearing may not be necessary while the terms of the original bond are still in effect, and re-filing the bond would only be relevant if there are changes to the conditions or the terms of the bond itself. Additionally, having an attorney present is generally not a requirement for the continuation of a bond after a conviction. Thus, the focus on written consent reflects both the legal requirements in South Carolina’s bail bond process and the inherent financial responsibilities of the surety.