If Someone You Love Was Just Arrested
Start with the bond hearing, the paperwork, what not to say about the charge and a phone call to a lawyer.
For most bailable offenses, South Carolina law generally requires a bond hearing within 24 hours after arrest. Special rules apply to certain charges, and the hearing doesn't decide in advance whether bond is granted or how much it is.2 Some people get a citation or summons instead of being taken into custody, so not every case begins with a bond hearing.1
Collect any papers the person was given, or that you receive: the warrant or ticket, bond paperwork and any notice about a driver's license. Note the jail and any court date you were told about. Then make sure every court date gets kept.
Be careful about discussing the charge. A person who has been arrested has the right not to answer questions and the right to ask for a lawyer. You generally do not have to answer investigative questions about the alleged offense.3 Avoid discussing the facts of the case in recorded jail calls, text messages or social media posts. Do not delete messages or other potentially relevant evidence.
Watch for Short Deadlines
In qualifying General Sessions cases, a preliminary hearing generally must be requested within 10 days after notice of the right. Missing that deadline can waive the hearing.4 Not every case qualifies, so look for that notice in the paperwork and ask a lawyer about it.
DUI-related license suspensions may also have a separate administrative hearing deadline. If a DUI arrest led to a notice of suspension for a refusal or a result of 0.15% or more, there are 30 days from the date the notice is issued to ask for a hearing.5 Our DUI page explains it.
Charges We Handle
We help people charged in the Charleston area with:
- DUI and DUAC, including refusals and the license hearing
- Felony DUI after a crash involving serious injury or death
- Driving under suspension
- Shoplifting and theft, including petit and grand larceny
- Assault and battery, including ABHAN
- Drug charges, including possession and possession with intent to distribute
- Domestic violence, including DVHAN
If your charge isn't on this list, call and tell us what it is. We'll tell you whether it's something we take on.
Want someone to look at your situation?
Talk with us about the charge and ask the questions on your mind.
Where We Take Criminal Cases
We take criminal cases in the Charleston area. We don't handle criminal charges in other parts of the state.
What counts is where the charge was filed, not the town on your mailing address. Your ticket or warrant shows that. If you aren't sure, call and ask.
Talk to Us
Being charged with a crime, or getting a call that someone you love was arrested, is frightening. Tell us what happened in your own words, and ask whatever is on your mind.
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. The person charged or a family member can make the call.
South Carolina Law on This
- For most bailable offenses, South Carolina law generally requires a bond hearing within 24 hours after arrest. Special rules apply to certain charges, limited exceptions can allow a delay, and a bond hearing does not guarantee release. A person may also receive a citation or summons without being arrested and taken into custody, so not every charge begins with a bond hearing.1
- Under South Carolina law, a person arrested and charged with a bailable offense must receive a bond hearing within 24 hours of arrest. If bond is posted and delivered to the jail or detention facility, the person must be released within a reasonable time, not exceeding four hours after the bond is delivered to the facility. These statutory deadlines do not guarantee that bond will be granted or determine the amount or conditions of bond.2
- A person who has been arrested has the right to remain silent and to ask for a lawyer. A person generally does not have to answer investigative questions about the alleged offense.3
- In qualifying General Sessions cases, a preliminary hearing generally must be requested within 10 days after notice of the right to one. Missing that deadline can waive the hearing. Not every defendant is entitled to a preliminary hearing, and the right can be waived. The hearing concerns probable cause; it does not determine guilt or innocence.4
- A driver whose license is suspended for refusing a chemical test or having a blood alcohol concentration (BAC) of 0.15% or higher has 30 days from the date the notice of suspension is issued to request a contested case hearing before the South Carolina Office of Motor Vehicle Hearings. If the driver does not request a hearing within that period, the right to the hearing is waived, and the suspension continues for the applicable statutory period. Because this deadline can affect driving privileges, drivers should speak with a DUI defense attorney promptly after receiving a notice of suspension.5
- South Carolina Magistrate and Municipal Courts generally handle less serious criminal offenses within their jurisdiction, including many traffic and misdemeanor charges. General Sessions Court handles more serious criminal cases, including most felonies. The court handling a charge affects the procedures, possible penalties and next steps.6
Frequently Asked Questions
Can I call a lawyer for someone who is still in jail?
Yes. A family member or friend you trust can make the first call. It helps to have the person's full name, the charge if you know it and any paperwork or court date you have been given. A lawyer can explain what happens next. The first conversation can happen by phone.
What should I bring to the first conversation?
Bring whatever you were given: the ticket or warrant, bond papers, any notice of suspension and any letters from a court or the DMV. Write down the dates you know, such as the arrest date and the next court date. If you don't have paperwork yet, call anyway. We can start with what you remember and fill in the rest later.
Do you handle cases outside the Charleston area?
No. We take criminal cases in the Charleston area, and we don't handle criminal charges in other parts of the state. Your ticket or warrant shows where the charge was filed, which matters more than your mailing address. If you aren't sure whether your case is one we take, call and tell us where you were charged.
Will my case be in Magistrate, Municipal or General Sessions Court?
South Carolina Magistrate and Municipal Courts generally handle less serious criminal offenses within their jurisdiction, including many traffic and misdemeanor charges. General Sessions Court handles more serious criminal cases, including most felonies. The court handling your charge affects the procedures, possible penalties and next steps.6
Sources
- S.C. Code § 22-5-510; Rule 106, SCRCrimP
- S.C. Code § 22-5-510(B)
- U.S. Const. amend. V and VI; S.C. Const. art. I, § 12; as stated in Sean Hall's Nov 5 review notes
- Rule 2, South Carolina Rules of Criminal Procedure
- S.C. Code § 56-5-2951(B)(1), (D)
- S.C. Code §§ 22-3-540, 22-3-550, 14-25-45; as stated in Sean Hall's Nov 5 review notes
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
