Disorderly Conduct Defense Lawyers in Charleston

Public Intoxication & Disorderly Conduct Defense Attorneys in Charleston

If you have been arrested or ticketed for public intoxication or disorderly conduct in Charleston, Mount Pleasant, North Charleston, or the surrounding areas, the decisions you make before your court date matter more than most people realize. Stephan Futeral and Thomas Nelson have over 55 years of combined experience defending college students, visitors, service members, and local residents charged with these offenses.

Our Disorderly Conduct & Public Intoxication Defense Services – Free Consultation

We strive to be the best at what we do. That’s why we’re top-rated (AV) by Martindale-Hubbell, Stephan Futeral is rated 10 (Superb) by AVVO, Thomas Nelson is one of Super Lawyers Rising Stars, and clients endorse us with 5 stars ★★★★★ on Google Reviews.

Hiring one of our defense attorneys for disorderly conduct or public intoxication charges is more affordable than you might think. Also, we offer payment plans and discounts for law enforcement, military, and firefighters. Call Futeral & Nelson today for a FREE and confidential meeting. We’ll cover everything you need to know about how to keep your criminal record clean.

The Charge Against You – Section 16-17-530

In South Carolina, public intoxication and disorderly conduct are addressed in the same statute, S.C. Code Ann. § 16-17-530. A person may be charged under this section for being grossly intoxicated on a highway or at a public place or gathering, otherwise behaving in a disorderly or boisterous manner there, or using obscene or profane language on a highway, at a public place or gathering, or within hearing distance of a schoolhouse or church. The statute also covers a separate firearm-related offense involving a person who is under the influence, or feigns being under the influence, of intoxicating liquor.

A violation is a misdemeanor punishable by a fine of not more than $100 or imprisonment for not more than 30 days. For an eligible first-time offender, the court may grant a conditional discharge with the circuit solicitor’s approval and the accused’s consent, subject to the statute’s requirements. S.C. Code Ann. § 16-17-530(A)–(D).

Municipalities may also have disorderly conduct ordinances. A municipal ordinance charge is heard in the municipality’s municipal court. A charge under the state statute may also be heard in municipal court when it falls within that court’s jurisdiction; it is not automatically assigned to magistrate court merely because it arises under state law. S.C. Code Ann. §§ 14-25-45, 22-3-540. Check the citation or charging document to identify the offense charged and the court handling the case.

For a fuller explanation of what conduct qualifies, see our article on disorderly conduct and public intoxication laws in South Carolina.

Why You Should Not Simply Pay the Ticket

It is easy to assume that paying a disorderly conduct ticket ends the matter. But a guilty plea or a disposition entered on payment of the citation may leave you with a criminal conviction. Likewise, missing court is not a way to make the charge disappear: the court may take action on your failure to appear, and a forfeiture of bail counts as a conviction for purposes of South Carolina’s expungement statute. S.C. Code Ann. § 22-5-910(E). Before paying, confirm with the court what disposition the payment will produce; do not assume that paying a fine is merely an administrative transaction.

A conviction may appear on a criminal-background check and affect applications for employment, housing, education, military service, or professional licensing. It does not necessarily remain on a public record forever: a qualifying conviction for an offense carrying no more than 30 days’ imprisonment or a $1,000 fine may be eligible for expungement three years after the conviction, subject to statutory conditions, including the absence of another conviction during that period. Expungement requires an application and court order; it is not automatic. 

Consider a college student arrested on King Street after a night out and given a citation with a court date. A friend suggests paying it online. Before doing so, the student should find out whether payment will result in a conviction and whether a nonconviction outcome is available. For an eligible first-time charge under South Carolina’s public-disorderly-conduct statute, conditional discharge may be possible with the circuit solicitor’s approval and the accused’s consent. If the statutory conditions are completed, the court dismisses the proceedings without an adjudication of guilt; the person may then apply for expungement under that statute. The outcome depends on the charge and the facts—it is not guaranteed. 

Options That Can Keep Your Record Clean

Depending on your age, prior record, the offense charged, and the facts, several paths may avoid a conviction or allow a record to be expunged:

• Alcohol Education Program (AEP). If you were at least 17 but younger than 21 when arrested, have no prior alcohol-related offense, and have no significant history of delinquency or criminal activity, you may be considered for AEP on a public-disorderly-conduct charge under S.C. Code Ann. § 16-17-530. Admission is not automatic; the program is under the circuit solicitor’s supervision and control. It includes education and community service, and a person may participate only once. Successful completion requires the solicitor to effect a noncriminal disposition of the alcohol-related offense; if applicable, the participant may apply for an order to destroy official arrest records. 
• Dismissal or another negotiated disposition. An attorney can review the evidence and discuss dismissal or another lawful resolution with the appropriate prosecutor. Whether a proposed disposition avoids a conviction depends on its terms; a reduced charge is not necessarily a nonconviction outcome.
• Trial. The prosecution must prove the elements of the particular offense charged beyond a reasonable doubt. Section 16-17-530 covers different conduct in different locations: for example, its intoxication and disorderly-behavior provision concerns a highway, public place, or public gathering, while its language provision also reaches speech within hearing distance of a schoolhouse or church. A defense may turn on the evidence of gross intoxication or disorderly conduct, the location, and, if language is the basis of the charge, constitutional protections for speech. 
• Conditional discharge and expungement. For an eligible first-time violation of § 16-17-530, the court may, with the circuit solicitor’s approval and the accused’s consent, defer judgment and impose conditions. Successful completion leads to dismissal without an adjudication of guilt, after which the person may apply for expungement under that section. A charge dismissed by other means may also qualify for expungement under the applicable procedure; dismissal does not itself mean every record has already been removed. If there is a qualifying conviction instead, a person may apply for expungement three years after the conviction, subject to the statutory requirements—including no other conviction, even out of state, during that period—and a court order. 

What to Do Before Your Court Date

1. Keep your ticket or courtesy summons. Check the charge, the court, and the date and time listed. If anything is unclear, contact the court promptly to confirm where and when you must appear.
2. Do not miss court. Failing to appear can lead to a bench warrant or other court action; it does not automatically mean you have been convicted of the underlying charge. If bail is forfeited, South Carolina treats that forfeiture as a conviction for purposes of its expungement statute. 
3. Do not post about the arrest on social media. Posts, photographs, and comments can become evidence. Preserve any existing material rather than deleting it, and discuss it with your attorney.
4. Write down what happened while you still remember it. Include where you were, what happened before and during the encounter, and the names of anyone who was with you. Keep relevant messages, photographs, and other records.
5. Speak with an attorney before your court date. Bring your ticket or summons to the consultation. The charge listed on it helps identify whether the case alleges a violation of state law or a municipal ordinance; the available options also depend on the facts, your history, and the precise charge. If you cannot attend the scheduled appearance, contact the court and your attorney before the date rather than assuming it will be postponed.