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Personal Recognizance Bonds Under §17-15-10, any person charged with a non-capitol crime must be released pending trial on his own recognizance without surety, unless the judge determines that such release (1) would not reasonably assure the appearance of the accused at trial, or (2) would result in an unreasonable danger to the community. "Release on his own recognizance" means that the accused does not have to have sureties, but must be released if he signs an unsecured bond in the amount specified by the magistrate. The accused does not have to be actually worth the amount which the judge sets in cash or property, nor does he have to get a surety who is worth that amount in order to obtain his release. The amount set in the recognizance is simply an acknowledgment of an indebtedness to the state in the amount specified, which becomes absolute if the accused fails to comply with the conditions imposed. Unless the magistrate or municipal judge can make a determination that the defendant falls within one of the two exceptions: (1) there is reason to believe that the defendant will not appear at his trial, or (2) he would create an unreasonable risk to the community, no conditions can be imposed on his release except that he should personally appear at subsequent proceedings in the case, should remain on good behavior, and should not depart the state. From the South Carolina Bench Book For Magistrates and Municipal Judges
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