January 21, 1991

Opinion regarding whether the court, the trooper, or the Defendant determines the amount of cash bond a defendant may deposit with a trooper pursuant to §23-5-50. The opinion also addresses whether a trooper or any other law enforcement officer has any authority to set a bond or place any bond amount on a traffic ticket other than that amount established by the court before which the case will be tried and what the possible legal consequences are for misuse of such authority.

Requested by: The Honorable Edward H. Overcash, Jr., Chief Magistrate, Spartanburg Magistrate Court

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