If you or a family member has discovered there is a bench warrant in Lexington, South Carolina, the situation can feel overwhelming. Many people learn about a bench warrant only after a loved one has been arrested and taken to the Lexington County Detention Center, or after being stopped by police for something unrelated. The most important thing to understand is that bench warrants do not go away on their own. However, there are specific steps that can be taken to resolve them, and in some cases, they can be lifted quickly.
This article explains how bench warrants work in Lexington County and the fastest way to address them. While there is no magic wand to resolve a bench warrant, quick intervention by an attorney can often help lift bench warrants or otherwise speed up the resolution process.
What Is a Bench Warrant in Lexington, SC
A bench warrant is an arrest warrant issued by a judge, usually because someone missed a required court appearance. This is the most common reason bench warrants are issued in Lexington County.
There are many reasons why people miss court. Sometimes it is simply a mistake and the wrong date was written down. In other situations, the person never received notice because they moved and did not update their address with the court or the prosecutor. Lexington County also has a unique situation where someone may have charges in both General Sessions Court and Magistrate or Municipal Court. These are separate courts, and each may schedule separate court dates. Many people attend one court date and do not realize there was another required appearance in a different court.
Bench warrants can also result from transportation problems, medical emergencies, or situations where the person was already in custody in another county and was not transported. Bench warrants frequently are issued with drug charges, domestic violence, or magistrate court level offenses.
Once a court determines someone failed to appear, a judge may issue a bench warrant immediately, or sometimes days or weeks later.
You Can Be Arrested Anywhere Once a Bench Warrant Is Issued
Once a bench warrant is active, law enforcement officers can arrest the person anywhere in South Carolina. This often happens during routine traffic stops, even when the original case was for something minor.
In more serious cases, Lexington County can authorize extradition from another state. This means the person can be arrested anywhere in the United States and returned to Lexington County. Even misdemeanor charges, including Domestic Violence 3rd Degree, have resulted in people being arrested out of state and extradited back to Lexington.
What Happens After Someone Is Arrested on a Bench Warrant
Many people assume they will automatically get a new bond hearing after being arrested on a bench warrant. This is not correct.
When a bench warrant has been issued, the person is not entitled to an automatic bond hearing. They will remain in jail until a judge authorizes their release or until their case is otherwise addressed. This means that a judge has to order the bench warrant vacated, or the case is otherwise resolved by dismissal, plea agreement or trial.
In Magistrate and Municipal Court cases, the court is often notified automatically and may schedule a court appearance within a few days or weeks.
In General Sessions cases, there is no automatic process. No automatic hearing is scheduled simply because the person was arrested. Without a lawyer taking action, someone can remain in jail for weeks, months, or longer with no progress in their case.
This is why immediate legal action is critical.
Many Bench Warrants are Issued When Someone Doesn't Have a Lawyer
One of the jobs of a criminal defense attorney is to notify their client of court dates, and to remind them of those dates. If a represented defendant misses court, their lawyer would be in court, realize that they are absent and then should try to reach out to them immediately and then be able to communicate to the prosecutor or court their exact status. Often times people who initially are not present can have court dates rescheduled, or be allowed to check-in late without receiving a bench warrant. Many bench warrants are issued against unrepresented defendants, who do not have anyone helping them in this way.
The Fastest Way to Lift a Bench Warrant in Lexington County
The fastest way to lift a bench warrant depends on which court issued it.
In Magistrate or Municipal Court cases, the fastest approach is often to contact the court directly and request a hearing.
In General Sessions cases, the fastest and most effective method is typically for a lawyer to contact the prosecutor directly, explain the situation, and request that the warrant be lifted. If the prosecutor agrees, a proposed order can be prepared and submitted to a General Sessions judge for signature. In some cases, this can result in the warrant being lifted immediately and a new court date being scheduled.
This process is sometimes called vacating the bench warrant.
In many cases, especially misdemeanor cases, drug charges without victims, or situations where the person is not considered a flight risk or danger to the community, prosecutors will consent to lifting the warrant. In other cases, especially ones involving a victim, a past-history of failure to appear, or more serious charges, the prosecutor will not consent. In this event a hearing will be required to either resolve the case or in the form of a motion to request a judge vacate the warrant.
It's not possible to know if the prosecutor will or will not consent to vacating a warrant until they are asked. In any event, the quicker a lawyer is retained to determine what the process will be the faster the bench warrant can be addressed.
It Is Sometimes Possible to Lift the Warrant Without Going to Jail
If a lawyer becomes involved before the person is arrested, it may be possible to resolve the bench warrant without the person ever being taken into custody.
Once retained, a lawyer can contact the court or prosecutor, confirm that the client is aware of the case and intends to appear, and request that the warrant be dismissed and a new court date scheduled. This can prevent the arrest entirely.
This outcome is much more likely when action is taken quickly.
What Can Be Done if Your Family Member Is Already in Jail
If someone is already in custody at the Lexington County Detention Center on a bench warrant, immediate steps can be taken.
The first step is to review court records to determine the exact charges, when the warrant was issued, and the current status of the case. An attorney from the Law Office of James R. Snell, Jr., LLC, can then meet with the person in jail, often the same day, to confirm the situation and begin the process.
Once retained, the attorney can immediately contact the prosecutor or court to determine whether the warrant can be lifted by consent or whether a hearing is required. In some cases, the warrant can be resolved in as little as one day. In other cases, a hearing must be scheduled, which can take longer.
Without a lawyer taking these steps, no automatic action is taken in General Sessions cases.
The process can be complicated if the person had a bail bondsman, who has moved to come off the bond. When necessary, we will communicate with the bondsman to determine their position on staying on the bond.
The Biggest Mistake People Make
The most common mistake people make is doing nothing.
Some people hope the warrant will go away or assume they will deal with it later. This almost always makes the situation worse. Eventually, they are arrested, often at the worst possible time, and it can appear to the court that they were avoiding the case. The longer the bench warrant is outstanding, the less likely the prosecutor or court may be to agree to vacate it.
Taking proactive action gives you the best chance of resolving the warrant quickly and minimizing time in custody.
Lexington County Has Unique Court Procedures
Lexington County has more separate, independently operating criminal courts than any other county in South Carolina. Each court has its own staff, procedures, and internal practices.
This makes it especially important to take the correct steps with the correct court. Understanding how each court operates can make a significant difference in how quickly a bench warrant can be resolved.
Same-Day Help Is Available
If you or a family member has a bench warrant in Lexington County, immediate action can make a significant difference. Free consultations are available, and same-day appointments are typically available. Once retained through a written engagement agreement, an attorney can immediately begin working to resolve the warrant by reviewing court records, contacting the prosecutor, and preparing any required legal documents.
We represent clients in bench warrant cases throughout Lexington County, Richland County (including Columbia), and courts across South Carolina.
Every case is unique, and prior results do not guarantee future outcomes. The best way to understand your options is to speak directly with an attorney.
If you or a loved one has a bench warrant in Lexington, call the Law Office of James R. Snell, Jr., LLC at (803) 359-3301. Same-day appointments are typically available, and immediate action can help resolve the warrant and move the case forward.