We understand how stressful these situations can be, and we work quickly to help our clients resolve warrants and move forward with their cases.
Arrest Warrant vs. Failure to Appear Bench Warrant
It’s important to understand the difference between an arrest warrant and a bench warrant for failure to appear:
An arrest warrant is issued at the beginning of a criminal case, often based on law enforcement allegations or an investigation. It authorizes law enforcement to arrest someone to initiate court proceedings. Once someone is arrested or turns themselves in, the arrest warrant is considered served and no longer active.
A bench warrant for failure to appear, on the other hand, is issued by a judge after a criminal case is already pending. This occurs when someone misses a required court date, such as a first appearance, second appearance, or scheduled hearing. These types of warrants remain in effect until specifically lifted by court action. Defendants do not get to simply post bond again to obtain their release.
Why Was a Bench Warrant Issued?
In Lexington County, a failure to appear warrant is typically issued automatically when a defendant misses a mandatory court appearance. Common causes include:
Confusion between court dates (especially when dealing with both General Sessions and Magistrate Court cases)
Transportation issues
Calendar mistakes
Medical or family emergencies
Incarceration in another jurisdiction
No matter the reason, taking action quickly is key to reducing the risk of arrest or unnecessary time in custody.
What We Do When You Contact Our Office
You’re Not Yet in Custody
If a warrant has been issued but you haven’t been arrested:
We can be retained right away.
We contact the Solicitor’s Office to explain the situation and request that they consent to lifting the warrant.
If the prosecutor agrees, the warrant can often be dismissed the same or next business day.
You’re Already in Custody
If you’ve been arrested or someone you care about is already in jail:
We will arrange a Detention Center visit.
After being retained, we immediately reach out to the prosecutor to request a dismissal of the warrant.
If the prosecutor consents, we work quickly to get the warrant lifted and secure release.
What If the Prosecutor Doesn’t Consent?
The fastest way to resolve a bench warrant is with prosecutor consent. However, we won’t know their position until we are retained and reach out—prosecutors generally do not speak with attorneys who are not officially representing the defendant.
If the prosecutor does not consent, we act immediately to file a motion and request a hearing before a judge. At that hearing, we’ll present the relevant facts and ask the judge to lift the warrant and place the case back on the docket.
In some situations—typically involving non-violent or less serious charges—we may also be able to quickly negotiate a plea or other resolution that resolves the case and lifts the warrant at the same time. Often times prosecutors only care about "moving the case" and not actually that the defendant receive any additional jail or prison times. For these less-serious cases they may offer to a "time served" sentence, authorizing the defendant's release from jail.
In every case, we pursue every available legal avenue to get the warrant lifted as efficiently as possible.
We Handle Warrants Across South Carolina
In addition to representing clients in Lexington County, our office also helps individuals with failure to appear bench warrants from Richland County General Sessions, as well as other General Sessions courts throughout South Carolina. We also represent clients facing bench warrants from area magistrate and municipal courts, including city and town-level charges.
Whether your case is local or elsewhere in the state, we can take fast action to address the warrant and protect your rights.
Every Minute Matters
A bench warrant won’t go away on its own, and time is critical. Whether you’ve just discovered there’s a warrant for your arrest or someone you care about is already in custody, the Law Office of James R. Snell, Jr., LLC is ready to help.
We offer free consultations and are often available for same-day appointments. If you need help with a bench warrant in Lexington, Columbia, or any court in South Carolina, call us now at (803) 359-3301.
Disclaimer: This article is for informational purposes only and does not create an attorney-client relationship. Every case is unique, and results cannot be guaranteed.