As criminal defense lawyers in Charleston, South Carolina, we know that an arrest can turn an ordinary day upside down. Most of our clients worry about getting home, missing work, or what the charge will mean for their future. They also feel an urgent need to explain themselves, hoping to convince the law enforcement officer to let them go. Explaining yourself is rarely a good idea. So what should you do immediately after being arrested in South Carolina, and what should you avoid doing?
Quick Answer: Stay calm, do not resist, provide the basic identifying information needed for booking, and do not discuss the accusation until you have spoken privately with a lawyer. Clearly say that you want a lawyer and are choosing to remain silent. For a bailable offense, South Carolina law requires a bond hearing within 24 hours of arrest. Follow every bond condition and keep all your paperwork.
Table of Contents
- What Should You Say to Police After an Arrest?
- What Happens in the First Days After an Arrest in South Carolina?
- What Happens at the Jail?
- When Will You Have a Bond Hearing?
- What Should You Do When You Are Released?
- What Should You Not Do After an Arrest?
- Is There a Deadline to Request a Preliminary Hearing?
- Can an Arrest Be Expunged If the Charges Are Dropped?
- When Should You Talk to a Criminal Defense Lawyer?
What Should You Say to Police After an Arrest?
You can be polite without answering questions about the alleged crime. If an officer asks where you were, who you were with, or why something happened, you can say: “I want a lawyer, and I am choosing to remain silent.”
Say it clearly. Don’t try to fill an awkward silence with an explanation, and don’t assume an informal conversation in the patrol car or booking area is off the record. Give accurate identifying information and cooperate with ordinary booking procedures, but save your account of the incident for a private conversation with counsel.
You may have heard that police must “read you your rights” whenever they arrest you. Under Miranda v. Arizona, warnings generally are required before custodial interrogation, not simply because an arrest has occurred. The absence of a warning does not, by itself, invalidate an arrest or automatically dismiss a charge. Whether a particular statement can be used later depends on the circumstances; officers can use volunteered statements even without a warning. Our article on Miranda warnings in South Carolina explains these rules in more detail.
What Happens in the First Days After an Arrest in South Carolina?
The process moves quickly, and several important deadlines can arise in the first few days. The following table summarizes what typically happens and what you should do at each stage:
| Stage | What Happens | What You Should Do |
|---|---|---|
| Arrest | Officers take you into custody and may ask questions | Stay calm, do not resist, and say you want a lawyer and are choosing to remain silent |
| Booking | Identifying information, photographs, fingerprints, and a property inventory | Give accurate identifying information and tell staff about any medical needs |
| Bond hearing | For a bailable offense, held within 24 hours of arrest | Let your lawyer present information about your ties, work, and ability to follow conditions |
| Release | For a bailable offense, within a reasonable time and not more than four hours after the bond is delivered to the jail | Collect your paperwork and read every bond condition carefully |
| Preliminary hearing request | For charges not triable by a magistrate, the request must be made within ten days after notice | Keep the notice and talk to your lawyer promptly about whether to request the hearing |
| Court dates | The date, time, and court are listed on your paperwork or provided by the court | Do not rely on someone else to remind you, and never miss a court date |
What Happens at the Jail?
Officers may take your identifying information, photograph and fingerprints, inventory your property, and ask about medical needs. If you need medication or urgent medical attention, tell staff plainly and keep asking for help if your needs are not addressed.
If you were arrested pursuant to an arrest warrant, South Carolina law requires that you be furnished a copy of the warrant and the affidavit on which it was issued. Keep those documents if you receive them. See S.C. Code § 22-5-210.
You may be able to call someone to help with transportation, family responsibilities, a lawyer, or bond. Do not describe the allegations over a jail phone or in jail messages. Calls and messages may be recorded or reviewed. The same caution applies to conversations with other people being held there. Ask how to arrange a private conversation with your lawyer.
When Will You Have a Bond Hearing?
For a bailable offense, S.C. Code § 22-5-510(B) requires a bond hearing within 24 hours of arrest. That is a deadline for the hearing, not a promise that everyone will be released within 24 hours. Bail may be denied in circumstances allowed by law, including for certain violent offenses.
At the hearing, the court considers the nature and circumstances of the charge and information bearing on appearance and danger, including family ties, employment, financial resources, criminal record, pending charges, and whether the person is already out on bond. For a noncapital offense, S.C. Code § 17-15-10(A) generally calls for release on recognizance unless the court determines that this will not reasonably assure appearance or would pose an unreasonable danger to the community or an individual. The court may instead require surety or impose appropriate release conditions.
A bond hearing is not your trial. It is usually a poor time to tell your full story, challenge every statement in the police report, or contact a witness to straighten things out. If you can speak with a lawyer before the hearing, do so. A lawyer can help present reliable information about where you live, your work, your family responsibilities, and your ability to comply with conditions. Our article on bond hearings and bail in South Carolina explains the process in more detail.
If a bond is set, find out what type of bond it is, how to post it, and any conditions attached to your release. For a bailable offense, § 22-5-510(B) also requires release within a reasonable time, not more than four hours after the bond is delivered to the incarcerating facility. That clock does not begin merely because the judge announced a bond amount.
What Should You Do When You Are Released?
Before you leave, collect and photograph your paperwork. Make sure you know the charge, the court, any scheduled appearance, and your bond conditions. If the paperwork is unclear, ask for clarification and contact your lawyer or the court promptly. Do not rely on someone else to remind you when to appear.
Read any no-contact, travel, reporting, or other restrictions carefully. A no-contact condition may apply even if the other person reaches out first. Do not ask a friend or relative to pass along a message to get around it. A claimed misunderstanding can still seriously damage your bond.
Next, preserve information that may matter to your defense: messages, receipts, photographs, names of potential witnesses, and the location of possible video. Write down what you remember while it is fresh. Do not delete anything or try to persuade a witness to change an account. Give the information to your lawyer so they can evaluate it and, where appropriate, preserve it.
If your family is trying to help while you are in custody, our guide to what to do when a family member or friend is arrested covers practical steps they can take. If you learned of a warrant before an arrest, our article on outstanding arrest warrants in South Carolina addresses that situation.
What Should You Not Do After an Arrest?
Many people make their situation worse in the days after an arrest. Avoid these common mistakes:
- Talking about the case. Do not discuss the allegations with police, jail staff, other inmates, friends, or family. Anything you say may be repeated or recorded.
- Posting on social media. Do not post about the arrest, the alleged victim, or the facts of the case. Prosecutors and police may review public posts.
- Contacting the alleged victim or witnesses. Even a well-meaning message can violate a no-contact order or be viewed as an attempt to influence testimony.
- Violating bond conditions. A violation can lead to bond revocation and, depending on the conduct, additional charges.
- Destroying or deleting evidence. Deleting messages, photographs, or other information can create new legal problems and hurt your defense.
- Missing a court date. Failing to appear can result in a bench warrant and the loss of your bond.
Is There a Deadline to Request a Preliminary Hearing?
There may be. For a charge not triable by a magistrate, Rule 2 of the South Carolina Rules of Criminal Procedure requires notice of the right to request a preliminary hearing. For a bailable offense, the notice is given at the bond hearing; for a nonbailable offense, it must be given no later than it would have been given if the offense were bailable. The magistrate must provide oral notice and a form that the defendant can sign and return to request the hearing. The request must be made within ten days after the notice.
A preliminary hearing addresses whether sufficient evidence exists to warrant detention and trial; it is not a trial on guilt. If requested, the hearing is to be held within ten days after the request, but it will not be held if a grand jury indicts you or you waive indictment before the hearing occurs. Keep the notice and discuss it promptly with your lawyer. Your lawyer can explain whether requesting the hearing makes sense in your case and help you meet the deadline.
Can an Arrest Be Expunged If the Charges Are Dropped?
Often, yes. If your charges are dismissed, nolle prossed (meaning the prosecutor formally decided to drop them), or you are found not guilty, South Carolina law generally provides a process to expunge records related to those charges. An expungement generally requires destruction of arrest and booking records, although law enforcement and prosecution agencies may retain certain records under seal as permitted by law.
In qualifying summary-court cases where you were fingerprinted, the court must issue an expungement order without a separate application; if you were not fingerprinted, you may need to apply to the summary court. Confirm that the expungement order is complete. An expungement can be important because an arrest record may still appear in background checks even if you were never convicted. Our article on how to expunge a criminal record in South Carolina explains which records may be eligible and how the process works.
When Should You Talk to a Criminal Defense Lawyer?
As soon as possible. The charge, the facts, and the court’s orders determine what happens next, and early decisions about bond, preliminary hearings, and preserving evidence can affect your case’s outcome. A lawyer can also advise you about possible defenses and, if appropriate, how criminal pleas work in South Carolina. The attorneys at Futeral & Nelson have represented clients in Charleston, Mount Pleasant, North Charleston, Summerville, and throughout the Lowcountry since 2003.
If you have been arrested in the Charleston area, contact our Charleston criminal defense lawyers at 843-284-5500 to discuss the allegation, your bond conditions, upcoming court dates, and the steps needed to protect your defense.
