Available 24/7
When you’re facing criminal charges in South Carolina, you need to know what happens next. One of your first court hearings is your arraignment.
Our experienced Columbia criminal defense lawyers at Shealey Law Firm explain what to expect at your arraignment.
What Is an Arraignment?
An arraignment is one of the first court hearings for someone charged with a crime. The court informs the person of the charges they are facing. The judge or magistrate will ask the person how they plead to the charges: guilty or not guilty.
At the arraignment, the court informs the defendant of their legal rights, like the right to an attorney. The court may modify the bond and may schedule future court dates.
What to Expect at an Arraignment in South Carolina
At your South Carolina arraignment, you will:
- Check in. You will tell the court that you’re there for the hearing. You might tell a clerk at a window, or a bailiff may be taking attendance.
- Wait. There may be multiple arraignments happening. You’ll wait for your turn.
- Identify yourself. The court will ask you if you’re the person named in the charges.
- Hear the charges. The court will formally inform you of the charges against you. If you already have an attorney, it’s common to waive this step.
- Learn your rights. The court may read your rights, give you Information Regarding Your Rights, or both.
- Plead. You may plead guilty, not guilty, or if allowed, no contest. If you stand mute, the court will enter a not guilty plea on your behalf.
- Representation. You may ask for a court-appointed attorney. You may have your own attorney with you at your arraignment.
- Bond. The court may address bond. Both the bond hearing and the arraignment may happen at the same time.
The court will probably set a pretrial conference date. If you qualify for a preliminary hearing and want it, you must request it in writing within 10 days of your bond.
Arraignment vs. Bond Hearing: What’s the Difference?
The arraignment and the bond hearing are two different things. Usually, the bond hearing is first, since it must happen within 24 hours of arrest. Bond addresses whether and on what terms the person charged may remain free while charges are pending. Usually, the more serious the charges, the greater the bond. The courts typically have standard amounts for various charges, but they have some flexibility.
The courts have the power to impose conditions of bond. Common conditions include no contact with victims, travel restrictions, and notifying the court of any address changes.
Why You Shouldn’t Plead Guilty Too Quickly
Pleading guilty at the arraignment usually isn’t your best option. Your case may be defensible. A preliminary motion could suppress evidence, leading to case dismissal. It may be in your best interests to take your case to trial.
By pleading guilty, you give up your opportunity to plea bargain. Plus, you may miss programs like treatment court or pretrial intervention that can significantly minimize your penalties and consequences.
Ultimately, pleading not guilty can even be faster, because you may avoid lengthy probation or jail time. Always hire an attorney as soon as possible. When Shealey Law Firm represents you, you have a criminal defense lawyer with you at your arraignment.
What Not to Do at Your Arraignment
Your arraignment is not your trial. The court will not throw out the charges at your arraignment, no matter what you say. Trying to explain what happened or convince the judge that it’s all a misunderstanding can only work against you. Your statements may be used against you at future hearings, and you may tip off the prosecution about your defenses. Don’t argue the case at your arraignment. Enter your plea, answer the judge’s questions, and wait for future court dates.
Do You Need a Lawyer Present?
It’s always best to have a lawyer in any criminal proceeding. An arraignment is a stressful and important step. Your attorney can speak on your behalf, advocate for you, and protect your rights.
Where is the law for arraignments in South Carolina?
The law for arraignments comes from Article I, Section 14 of the South Carolina Constitution and from S.C. Code § 17-13-50. The Constitution says that a criminal defendant has the right to be fully informed of the charges against them. S.C. Code § 17-13-50 states that a person who is arrested has the right to know the grounds for the arrest.
In addition to these authorities, the South Carolina Code of Criminal Procedure and the South Carolina Criminal Court Rules provide additional authority for criminal proceedings.
How a Columbia Criminal Defense Attorney Prepares You
When Shealey Law Firm represents you, we explain what to expect at an arraignment. Our Columbia criminal defense attorneys:
- Explain your rights.
- Answer your questions.
- Speak for you.
- Address your bond.
- Enter your plea.
- Raise issues with the court.
We offer full-service representation as soon as we’re your attorneys. You can attend your arraignment prepared and confident, with your attorney by your side. Ultimately, this can make a critical difference when you’re facing criminal charges.
Contact Us
If you are charged with a crime, call or message us at Shealey Law Firm now.