Learning that you may have an outstanding arrest warrant in South Carolina can be stressful and confusing. Many people do not know what to do next. Some hope the warrant will simply go away. Others worry about being arrested unexpectedly at work, at home, or during a routine traffic stop.
In many situations, voluntarily turning yourself in may actually be the best option. Doing so can allow you to resolve the situation more quickly and may even improve the chances of receiving a favorable bond.
Understanding how arrest warrants work in South Carolina can help you make informed decisions about your next steps. South Carolina criminal defense attorney, James R. Snell, Jr., is familiar with issues surrounding arrest warrants and can help you make the correct decision on how to handle your case.
How Arrest Warrants Work in South Carolina
An arrest warrant in South Carolina is issued by a judge and directs law enforcement officers to locate, arrest, and transport the accused person to jail. There they will be held until the go before a judge at bond court, and until they post or satisfy and release requirements.
Police typically seek arrest warrants in two situations.
The first situation involves a gap in time between when an alleged misdemeanor occurs and when law enforcement becomes involved. South Carolina law allows officers to issue citations for many offenses, but only when the offense was either witnessed by the officer or freshly committed. That “freshly committed” language appears in South Carolina law and limits when a citation may be used.
The second situation involves more serious criminal charges. Many offenses prosecuted in General Sessions Court require an arrest warrant rather than a citation.
Citations in South Carolina resemble traffic tickets and can be used for many Municipal Court and Magistrate Court cases, and even some offenses in General Sessions Court. However, when a citation cannot legally be issued, law enforcement must instead request an arrest warrant from a judge.
Once the judge signs the warrant, it is entered into law enforcement computer systems. This means officers can attempt to locate the accused person at their home or workplace, or make an arrest during a traffic stop or other encounter with law enforcement.
Arrest Warrants Do Not Expire in South Carolina
Many people believe that if they wait long enough, an arrest warrant will eventually disappear. That is not how the law works in South Carolina.
Arrest warrants do not expire.
They remain active until the person is arrested or voluntarily surrenders. Because warrants stay in the law enforcement system indefinitely, someone with an outstanding warrant may be arrested months or even years later.
That arrest could happen at any time, including during a traffic stop, a visit to a government office, an encounter with police, or an attempt by officers to serve the warrant at home or work.
For many people, the uncertainty of when the arrest might happen can create significant stress.
Advantages of Turning Yourself In on a Warrant
In many cases, voluntarily surrendering on a warrant can be the most practical way to resolve the situation.
There are several advantages to turning yourself in.
First, it allows you to get the situation resolved instead of living with the stress of an unexpected arrest.
Second, you can control the timing. Turning yourself in allows you to schedule time away from work or other commitments.
Third, a planned surrender can help minimize the amount of time spent in jail before bond court. Bond hearings occur at least once every day in every county in South Carolina and sometimes multiple times per day.
Fourth, you can have family or friends ready to post bond immediately after it is set, which can help ensure you are released as quickly as possible.
Fifth, judges are often more receptive when someone voluntarily turns themselves in. In some situations, this can increase the likelihood of receiving a personal recognizance bond or otherwise more favorable bond conditions. With a personal recognizance bond you do not have to pay any money or hire a bondsman to be released.
Sixth, you can arrange for a lawyer to appear with you in bond court, where the attorney can argue for a lower bond or for release on personal recognizance.
Why Unexpected Arrests Often Cause Bigger Problems
When someone has an outstanding arrest warrant, they often do not know when or where the arrest will occur.
Officers may come to a home early in the morning. They may attempt to make the arrest at a workplace. In other situations, the warrant may appear during a routine traffic stop.
Unexpected arrests can be embarrassing and disruptive, especially if they occur in front of family members, coworkers, or customers.
By arranging a voluntary surrender, many people are able to handle the situation in a more controlled and predictable way.
Bond Court in South Carolina
After someone is arrested on a warrant in South Carolina, they will typically appear before a judge in bond court.
Bond court is held at least once daily in every county in South Carolina and sometimes multiple times per day.
At bond court the judge decides whether bond will be granted, how much the bond will be, and what conditions of release may apply.
In some cases the judge may grant a personal recognizance bond, which allows the person to be released without paying money upfront.
Having a criminal defense attorney present at bond court can help ensure the judge hears important information about employment, family responsibilities, and ties to the community.
Special Concerns If You Are Outside South Carolina
If you live in another state and learn that South Carolina has issued an arrest warrant for you, voluntarily returning to South Carolina can be extremely important.
If you are arrested outside South Carolina, the state may request extradition.
During the extradition process, the person will remain in custody in the other state until South Carolina authorities transport them here. This process can take weeks or longer.
You will not be eligible for bond until you arrive in South Carolina and appear in bond court.
Extradition can be surprisingly slow, even for relatively minor charges. There have been situations where individuals were held for weeks before being transported to South Carolina for offenses carrying relatively small penalties. For example, there have been cases involving misdemeanor charges punishable by fines of only a few hundred dollars, as well as misdemeanor domestic violence third degree charges.
Because of this, voluntarily coming to South Carolina to address the warrant is often far preferable to being arrested in another state and waiting through the extradition process.
Can a Lawyer Help Before You Turn Yourself In?
Yes. In many situations it is helpful to speak with a criminal defense attorney before surrendering on a warrant.
A lawyer may be able to confirm whether a warrant exists, help coordinate a voluntary surrender, determine the best time to appear for bond court, appear with you in bond court, and advocate for a personal recognizance bond or lower bond. A lawyer can also help you with any ongoing police investigation, to help minimize the chances of a warrant being issued in the first place or the risk of a conviction if the case goes forward to court.
Planning the process in advance can significantly reduce the amount of time someone spends in jail.
What To Do If You Think You Have a Warrant in South Carolina
If you believe there may be an arrest warrant for you, the most important step is to get reliable information about the situation and understand your options.
Speaking with a lawyer before taking action can help you avoid unnecessary risks and ensure that the situation is handled in the most effective way possible.
South Carolina criminal defense attorney James R. Snell, Jr. regularly assists individuals who learn they may have outstanding arrest warrants or who are under investigation by law enforcement. Attorney Snell frequently represents clients during bond hearings and helps coordinate voluntary surrenders to minimize time spent in jail.
The Law Office of James R. Snell, Jr. offers free consultations, and same-day appointments are typically available. During a consultation you will have the opportunity to explain your situation and ask questions about how the process works.
All cases are unique, and prior results obtained by the attorney in one matter does not indicate similar results can be obtained for other clients in other matters.
If you have questions about an arrest warrant in South Carolina, call the Law Office of James R. Snell, Jr. at (803) 359-3301 to schedule a consultation. Same-day appointments are typically available.
Frequently Asked Questions About Arrest Warrants in South Carolina
What happens if you have an outstanding warrant in South Carolina?
If a judge issues an arrest warrant, law enforcement officers are authorized to locate and arrest the individual named in the warrant. The person will be taken to jail and brought before a judge for bond court. Then the case will be referred to criminal court for final resolution.
Do arrest warrants expire in South Carolina?
No. Arrest warrants do not expire in South Carolina. They remain active until the person is arrested or voluntarily turns themselves in. This means that warrants that are years or even decades old may still be considered active by law enforcement and the courts.
Can you be arrested during a traffic stop if you have a warrant?
Yes. Arrest warrants are entered into law enforcement computer systems. Officers may discover the warrant during a traffic stop and make an arrest at that time.
Is it better to turn yourself in for a warrant?
In many situations voluntarily turning yourself in allows you to control the timing, prepare for bond court, and potentially reduce the amount of time spent in jail. If you must be arrested, it's always better to turn yourself in and plan for it than it is to wait to be arrested at a random place and time.
What is a personal recognizance bond in South Carolina?
A personal recognizance bond allows a person to be released from jail without paying money upfront. The individual promises to appear in court as required. This means no money has to be posted with the court and no bail bondsman has to be hired. Personal recognizance bonds are given at the discretion of the bond court judge, and are more likely to be given when people turn themselves in, are charged with a non-violent or less serious offense, and have no or only a minimal prior criminal record.
How long does it take to see a judge after being arrested?
Bond court is held at least once daily in every county in South Carolina and sometimes multiple times per day. The timing will depend on when the arrest occurs. Depending on the exact location of your warrant and the time of day you turn yourself in the time may be anywhere from a few minutes to several hours, or even being held until the next day. This is why planning a turn in time can dramatically limit the total amount of time you are required to be in custody prior to being released.
Can you find out if you have a warrant before being arrested?
In some situations a lawyer may be able to determine whether an arrest warrant exists and help coordinate a voluntary surrender. This includes possible warrants in Lexington and Columbia, South Carolina.
Without a lawyer. many area police departments require people to appear in person to inquiry directly if they have a warrant (so they can be taken into immediate custody if they do).
What happens if you are arrested on a warrant in another state?
South Carolina may seek extradition. During that process the person may remain in custody in the other state until South Carolina authorities transport them here. This process is typically awful, and can take weeks or more before you are finally brought to South Carolina and given an opportunity for bond.
Can you get bond if you are extradited to South Carolina?
You typically will not be eligible for bond until you arrive in South Carolina and appear in bond court before a judge. Once you do arrive in South Carolina the bond court judge may be more likely to deny bond, or set a high surety or cash bond, because you "had" to be extradited.
Are you guaranteed a bond in South Carolina?
For most defendants with most charges a bond will be set. There are however situations where the bond court at the jail is not legally able to set a bond. This includes very serious felonies like murder, homicide by child abuse, and criminal sexual conduct with a minor in the 1st degree. Bonds are also not set automatically for those with bench warrants for failing to appear at a prior court date. In these situations a subsequent hearing in General Sessions court will be required to set a bond. If there is a bench warrant for failure to appear in Magistrate or Municipal Court then a hearing will be required in that court prior to release.
Should you speak with a lawyer before turning yourself in?
Yes. You should consult with an attorney as soon as you believe you are suspected, accused of, or being charged with a criminal offense. Speaking with a criminal defense attorney before surrendering can help you understand the process, plan the timing of the surrender, and have legal representation at bond court.
How can you dismiss a warrant without being arrested?
In most situations it is not possible to dismiss a arrest warrant without first being arrested. There is no right to challenge or dispute a warrant outside of the court process, which does not begin until the warrant is served. That being said, there can be very limited circumstances where an unserved warrant may be dismissed with the consent of law enforcement or the prosecutor's office. This typically involves proof of actual innocence, or a situation with a very old warrant.
If you think that you have a special situation where a warrant may be eligible to be dismissed before it's actually served (meaning you are arrested) you can ask about this during your initial consultation with us. If this is a possibility for your warrant we certainly want to explore that option before having you turn yourself in.
What does it cost to talk to you about my situation?
We offer free consultations. During that appointment you will have the chance to confidentially and privately speak to a criminal defense lawyer, explain your situation and ask any questions that you may have. We can help you understand what your charges mean, what the turn in and other court process will look like, timelines, possible outcomes, and what exactly can be done to help maximize the chances of success in your case. Call us at (803) 359-3301 to schedule your appointment.