South Carolina v. Mitchell

Deangelo Mitchell was arrested for possession with intent to distribute cocaine and was released on a $25,000 surety bond. Subsequently, Mitchell was arrested for trafficking in cocaine, distribution of cocaine, and involuntary manslaughter; bond was set at $400,000. Mitchell's bonds were consolidated for all his pending charges and the circuit court set a $150,000 surety bond. Bond conditions included a standard good behavior condition, plus house arrest and electronic monitoring. AA Ace Bail by Frances and Palmetto Surety Corporation (collectively, Bond Company) executed the $150,000 surety bond and Mitchell was released. Thereafter, the State moved to revoke Mitchell's bond on the basis that Mitchell blatantly disregarded the house arrest and electronic monitoring provisions of his bond and thus, violated the "good behavior" requirement of the bond contract. Mitchell appeared at the revocation hearing and testified that he was never informed of the conditions of his bond and that he was never informed he was violating a condition of his bond. The circuit court found Mitchell's claims of ignorance as to the conditions of his bond were not credible and revoked the bond for repeated violations of the terms and conditions of the bond. Mitchell was placed in custody until he pled guilty and was sentenced to a term of incarceration. The State filed a Notice of Forfeited Recognizance seeking estreatment of the bond posted by Bond Company, and the circuit court ultimately issued an order estreating $75,000 of the $150,000 bond. The South Carolina Supreme Court affirmed the court of appeals' holding that the bond estreatment was proper and that the amount of forfeiture remitted was not arbitrary or capricious. View "South Carolina v. Mitchell" on Justia Law