Being arrested can leave you feeling confused, embarrassed, and uncertain about what comes next. You may be worried about staying in jail, losing your job, or facing a criminal conviction. While every case is different, the South Carolina arrest process generally follows several predictable stages.
Understanding what happens after an arrest in South Carolina can help you avoid preventable mistakes and prepare for the decisions ahead. An arrest is not a conviction. The State must still prove the charge, and you have the right to challenge its evidence.
Step-By-Step of Arrests in South Carolina
The Arrest and Booking Process
After an arrest, law enforcement will usually transport you to a detention center for booking. During booking, officers may record your identifying information, take fingerprints and photographs, inventory your personal belongings, and enter the alleged charge into the jail system.
You may also be questioned. You have the right to remain silent, and you may ask to speak with a lawyer. Politely stating that you are invoking your right to remain silent is generally safer than trying to explain the situation from the back of a patrol car or inside a detention center.
Do not assume that a casual conversation with an officer is off the record. Statements made after an arrest may become part of the prosecution’s case, and considering everything is recorded, you may accidentally be giving law enforcement extra evidence.
South Carolina law addresses the circumstances in which law enforcement officers and others may make arrests. More information is available in the South Carolina laws governing arrests.
A Bond Hearing Usually Comes Next
When will the bond hearing happen?
For most bailable offenses, a bond hearing must be held within 24 hours of the arrest. Note:
This does not apply to numerous serious offenses that carry a possible jail sentence as punishment.
If a bond is posted, South Carolina law generally requires the person to be released within a reasonable time, not exceeding four hours after the bond is delivered to the detention facility.
Certain serious charges may be handled differently. South Carolina Code Section 22-5-510 contains the applicable bond-hearing provisions.
At the hearing, a judge decides whether you may be released while the case is pending and what conditions will apply.
How does a judge decide on bond?
A judge may consider factors such as:
- The nature of the alleged offense;
- Your criminal record;
- Your connections to the community;
- Your employment and family circumstances;
- Whether you are likely to return to court, and
- Whether your release could present a danger to another person or the community
For many noncapital offenses, South Carolina law provides that a person may be released on personal recognizance unless the court determines that additional conditions are needed.
Those conditions may include a secured bond, travel restrictions, electronic monitoring, no-contact orders, or other limitations. See South Carolina Code Section 17-15-10.
Violating a bond condition can lead to another arrest, bond revocation, or additional legal problems. Read every condition carefully and speak with your lawyer before doing anything that might violate the court’s order.
What Happens After You Are Released on Bond?
Release from jail does not end the case. It marks the beginning of the pretrial stage in the South Carolina criminal court process.
Keep every document you receive, update your lawyer if your address or telephone number changes, and attend every required court appearance unless you hear otherwise from your attorney. Missing court may result in a bench warrant and could affect your bond.
It is also important to avoid discussing the allegations on social media. Posts, photographs, direct messages, and comments may be reviewed by investigators or prosecutors. Do not contact an alleged victim or witness when a no-contact order is in place, even when that person contacts you first.
You May Have a Right to Request a Preliminary Hearing
What is a preliminary hearing?
A preliminary hearing is not a trial. Its purpose is to determine whether probable cause exists to send a General Sessions charge forward.
At the hearing, the defense may question the State’s witnesses and challenge whether the evidence establishes probable cause. If probable cause is found, the charge is sent to General Sessions Court. If probable cause is not found, the magistrate may discharge the defendant, although the State may still pursue the charge.
Under Rule 2 of the South Carolina Rules of Criminal Procedure, a request generally must be made within 10 days after the defendant receives notice of the right to request the hearing. The hearing will not be held if a grand jury indicts the defendant or the defendant waives indictment before the scheduled hearing.
Because the deadline is short, speak with a criminal defense lawyer promptly after the bond hearing.
The Case Moves Through the Court System
Less serious offenses may remain in magistrate or municipal court. More serious charges are generally handled in General Sessions Court.
The prosecution may review police reports, witness statements, recordings, laboratory results, photographs, and other evidence. The defense can investigate the allegations, request discovery, interview witnesses, review search-and-seizure issues, and evaluate whether statements or other evidence may be challenged.
Depending on the charge and evidence, the case may proceed through negotiations, pretrial motions, a diversion program, a guilty plea, dismissal, or trial. No particular outcome can be promised, and the appropriate strategy depends on the specific facts.
Seaton, Duncan, & Holmes represent clients facing matters that include DUI charges, drug charges, assault and battery allegations, theft charges, and many other criminal accusations.
What Should You Do After an Arrest?
The most useful steps are often simple:
- Remain calm and do not resist.
- Do not volunteer statements about the alleged offense.
- Ask to speak with a lawyer.
- Follow every bond condition.
- Save paperwork, messages, videos, receipts, and other possible evidence.
- Write down what happened while your memory is fresh.
- Stay off social media when discussing the case.
- Attend every court date.
You should also tell your lawyer about facts that may appear unfavorable. A defense lawyer can respond more effectively to a problem that is known in advance.
Frequently Asked Questions About Arrests in South Carolina
1. Does an arrest mean I have been convicted?
No. An arrest means law enforcement alleges there is a legal basis to take you into custody. You are presumed innocent unless you plead guilty or are found guilty.
2. How long can I be held before a bond hearing?
A person charged with a bailable offense generally must be brought before a judge for a bond hearing within 24 hours of arrest. Different procedures may apply to certain serious offenses or unusual circumstances.
3. Can the police question me after I ask for a lawyer?
You should clearly state that you are invoking your right to remain silent and want an attorney. Do not continue discussing the facts of the case simply because officers keep talking to you.
4. Will my case automatically go to trial?
No. Criminal cases may end through dismissal, negotiations, diversion, a plea, or trial. The available options depend on the charge, evidence, criminal history, and other circumstances.
5. Can an arrest be removed from my record?
Some dismissed charges, acquittals, and successfully completed diversion cases may qualify for expungement. Eligibility depends on how the case ends and the type of charge.
Speak With Seaton, Duncan, & Holmes About Your Arrest
Knowing what happens after an arrest in South Carolina is only the first step. Decisions made shortly after an arrest can affect your bond, your defense, and the direction of the case.
Seaton, Duncan, & Holmes provides criminal defense representation from its Moncks Corner office for clients in Charleston, Berkeley, Dorchester, and surrounding communities.
To discuss the allegations, upcoming court dates, and possible defense options, use this form to contact Seaton, Duncan, & Holmes to schedule a consultation or call 843-761-3840.
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