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Our experienced Columbia criminal defense lawyers at Shealey Law Firm explain what happens after an arrest in South Carolina.
The Columbia, SC Police Department made 457 arrests in 2024. That number doesn’t include arrests by the Richland County Sheriff’s Department and other law enforcement agencies. Arrests are common, and you need to know what happens when you get arrested.
An arrest is not a conviction
An arrest, by itself, is not a conviction. You have a right to dispute the charges against you.
More From Shealey Law Firm: What Are Your Rights When Arrested in South Carolina?
Step 1: Booking and Processing After an Arrest in Columbia
The first thing that happens after arrest in Columbia is going to jail, usually the Alvin S. Glenn Detention Center. You’ll be booked, which is the check-in process.
They’ll ask for your name and personal information, take a mug shot and fingerprint, give you a jail uniform, and store your personal items. There may be a health screening where you can tell them about any medications you’re taking or specific medical needs.
Step 2: Your First Appearance and Bond Hearing in South Carolina
Usually, you’ll have a first court appearance within 24 hours. (S.C. Code § 22-5-510(B)). This hearing is to determine bond. If you pay the bond, you can be released from jail. Magistrates must authorize a bond, except for the most serious charges and violent offenses.
The court has discretion when it sets bond and bond conditions. They may consider previous criminal history, employment, community ties, and other relevant information. If you’ve already hired an attorney, they can represent you at your first court appearance.
Step 3: Arraignment, What It Is and What to Expect
The next court appearance is your arraignment. At your arraignment, several things happen:
Reading of the charges. The court will read the charges against you, including potential penalties. If you have an attorney, they may review the charges with you privately and ask the court to waive formal reading.
Review of rights. You have the right to remain silent and the right to an attorney. The court will review your rights with you. The court may give you written Information Regarding Your Rights.
Your plea. The court will ask if you plead guilty or not guilty. You must plead not guilty if you want to contest the charges or negotiate a plea bargain.
Bond conditions. Either party can ask the court to modify bond conditions.
Future court dates. The court will schedule your next court dates.
Step 4: Preliminary Hearings and Pre-Trial Motions in SC
There will usually be a pre-trial conference next, where you can discuss a plea bargain and any other issues with the state’s attorney. For felony charges, issued without an indictment, you have a preliminary hearing, but you must request it.
You may make a motion to the court. For example, you may ask the court to suppress evidence.
Step 5: Plea Deals vs. Going to Trial in South Carolina
There are several possible outcomes of a criminal case:
State dismisses. The state may choose to dismiss the charges against you. Sometimes, this happens when the court suppresses evidence, making it impractical for the state to continue its case. Usually, the state files paperwork to dismiss the case.
Plea bargain. You accept a negotiated plea bargain to lesser charges or more favorable treatment. The court will put the plea bargain on the record.
Change your plea. You may choose to change your plea to guilty, even if the state won’t offer a plea bargain. The court will ensure that your plea is knowing and voluntary.
Going to trial. You may have a trial. The state presents its evidence against you. You have the right to respond.
If you’re convicted by plea or by trial, a sentencing hearing follows.
How Long Does the Criminal Process Take in South Carolina?
Misdemeanor charges in South Carolina can take about 30 days to six months. It depends on whether you plead guilty or go to trial and the issues in the case. Magistrate and Municipal Court cases are usually the fastest, while felony cases commonly take 6-18 months.
Faster isn’t necessarily better. If you plead guilty to more serious charges than you could have plea bargained for, or if you could have been found not guilty at trial, you may end up with increased penalties, including longer jail or probation.
You have a right to a speedy trial. There’s no exact timeline, but your attorney can help you motion the court if it’s taking too long.
Why You Need a Criminal Defense Attorney at Every Stage
Every stage of a criminal case is important when you’re charged with a crime. The right strategy early in the case can mean a better case outcome. Early attorney involvement can make the process easier. You have the right to an attorney, and you need one as soon as possible. Your lawyer can answer questions, give legal advice, and fight the charges against you.
Contact an Experienced Columbia Criminal Defense Lawyer
Shealey Law Firm is an experienced Columbia criminal defense law firm. We know what happens when you get arrested, and how to fight the charges at every stage. Call or message us now.