If you or someone close to you has been arrested, you likely have many questions, such as: What are the steps involved in a criminal trial? What is the duration of a criminal investigation? Do I have the right to receive a fair and speedy trial? What are the trial proceedings in South Carolina?
Understanding what to expect in the criminal court process, in both magistrate or municipal court and the General Sessions Court, is important when you are deciding how to handle your case. Our defense attorneys can let you know what to expect from the court process for your charges, potential outcomes for it, and possible defense strategies we can bring. Call our office at (864) 618-2323 to schedule a free consultation and get started.
How a Criminal Case Begins in Greenville, SC
In Greenville, a criminal case usually begins when you are arrested and the police file formal charges against you, often through an arrest warrant. A person arrested on a warrant must be given a copy of the warrant and the affidavit on which it was issued (S.C. Code Ann. § 22-5-210). The police report describes the events that led to your arrest, and it includes witness statements, any physical evidence, and other relevant information concerning the case. As soon as you are arrested and the criminal case begins, you can have a lawyer represent you to help you in the criminal court process. It is important to have legal representation because a lawyer can review the warrant, the affidavit, and the police report with you and explain what they mean for your case.
Once you are arrested, you will have a bond hearing. A person charged with a bailable offense must have a bond hearing within 24 hours of arrest (S.C. Code Ann. § 22-5-510). Most bond hearings are held by a magistrate or municipal judge. The judge decides whether you can be released and on what conditions. If you are released, you will be given a written order listing the conditions of release and will need to acknowledge them (S.C. Code Ann. § 17-15-40), and the bond itself is conditioned on your appearing in court as required (S.C. Code Ann. § 17-15-20). The judge may also require you to post a bond.
The solicitor, who is the prosecutor, decides how a General Sessions case moves forward. Within 90 days after receiving the arrest warrant from the clerk of court, the solicitor must either prepare an indictment for the grand jury, formally dismiss the warrant, or make another written disposition. The circuit court can extend that period in 90 day increments if it finds good cause (S.C. Rules of Criminal Procedure, Rule 3).
You should speak to a lawyer to determine the exact deadlines in your case, because they depend on when you were arrested and on the charge. Every person charged with an offense has the right to a speedy and public trial by an impartial jury (S.C. Const. art. I, § 14).
Your First Court Appearances
After the bond hearing, a General Sessions case usually includes a first appearance and a second appearance. According to the South Carolina Judicial Branch’s FAQ on criminal court, the purpose of the first appearance is to make sure you will appear at trial and that you have access to a lawyer, and the second appearance is when you tell the judge whether you want to plead guilty or request a jury trial. Courts and attorneys sometimes use the word arraignment for the stage where you are told the charge and asked how you plead. Our article on the purpose of an arraignment explains the term in more detail.
If you choose to hire a lawyer, you will appear with him or her at your court dates.
When you enter a plea, you may plead guilty or not guilty. In a misdemeanor case, you may also plead nolo contendere (no contest) with the consent of the court, and the court treats that plea in the same way as a guilty plea (S.C. Code Ann. § 17-23-40). A guilty plea moves the case toward sentencing. If the judge sets a bond, posting bail allows you to be released from jail and remain at home until your trial. The amount and conditions of the bond are set by a judge.
When Is Your First Court Date?
The Judicial Branch FAQ states that the first court date, which some circuits call roll call, is generally set within 45 to 60 days of arrest, and that the timing varies from circuit to circuit. The judge or solicitor will ask you some basic questions and may schedule the case on the docket. If you fail to show up to a court date, the judge may issue an arrest warrant unless you can show why you could not appear.
What Happens in a Misdemeanor Court Case?
Misdemeanors are less serious criminal offenses and usually carry shorter sentences in jail. South Carolina divides misdemeanors into three classes with maximum prison terms of three years for a Class A misdemeanor, two years for a Class B misdemeanor, and one year for a Class C misdemeanor (S.C. Code Ann. § 16-1-20). The court that hears a misdemeanor depends on the possible penalty. Magistrates and municipal judges have jurisdiction over offenses that carry a fine of up to $500, up to 30 days in jail, or both (S.C. Code Ann. § 22-3-550 and S.C. Code Ann. § 14-25-45). A misdemeanor with a greater possible penalty is heard in General Sessions Court. When a misdemeanor case goes to court, the criminal proceedings involve a pretrial stage, a trial, and a verdict.
At your court appearances, you are allowed to have a lawyer represent you. The charge against you will be addressed and you will be asked how you plead. Then you will enter pretrial procedures with your lawyer. He or she will analyze your case and work on a defense for you.
Depending on the circumstances of your case, either the prosecutor or your lawyer can file pretrial motions and your lawyer may attempt to negotiate with the prosecutor in order to reach a plea bargain. The terms of the plea bargain depend greatly on the circumstances of the crime, your criminal history, and the strength of the evidence against you. If you do not enter a plea agreement, you will continue with the criminal process and go to trial.
Following the trial, you will hear the verdict, and if the verdict is guilty, the judge will announce your sentence. Your lawyer can use the sentencing hearing to present information and arguments to the judge about the sentence.
What Can You Expect in Court Proceedings When You Are Charged With a Felony?
If you’re charged with a felony, your criminal justice process will be more involved and will include additional court hearings. A felony case begins in magistrate or municipal court, where the bond hearing is held, and then moves to General Sessions Court, the criminal division of the Circuit Court. Circuit judges set bond on charges that carry a possible sentence of life imprisonment or death (S.C. Code Ann. § 22-5-510).
At the bond hearing, if your charge is not one a magistrate can try, you must be told of your right to request a preliminary hearing (S.C. Code Ann. § 17-23-160). Under Rule 2 you must request the hearing within ten days after that notice. The hearing is held within ten days after your request, and it is not held if you are indicted or waive indictment first. At the hearing, the judge decides whether there is probable cause, meaning sufficient evidence to warrant your detention and trial. Your lawyer can question the State’s witnesses through cross-examination and assess the strengths and weaknesses of the evidence. If the magistrate finds probable cause, you are bound over to General Sessions Court. If not, you are discharged, but the State may still bring another prosecution for the same offense (S.C. Rules of Criminal Procedure, Rule 2).
A person cannot be held to answer for a crime outside a magistrate’s jurisdiction unless a grand jury indicts him or her, or the person waives indictment (S.C. Const. art. I, § 11). A grand jury has 18 members, and 12 must agree before a matter can be submitted to the court (S.C. Const. art. V, § 22). It is important to know that in the state of South Carolina, the right to trial by jury is preserved for all persons accused of a crime.
Next comes a discovery period, in which your attorney will review the evidence the State must disclose on request (S.C. Rules of Criminal Procedure, Rule 5) and will begin to prepare your defense. Along the way, there may be pretrial negotiations, or plea bargaining, in which your attorney may negotiate with the prosecutor over the charges or a plea agreement.
Once the grand jury has returned an indictment, the case is in General Sessions Court and you will be scheduled for the first and second appearances described above. At this stage, your lawyer may present a pretrial motion to have certain physical evidence excluded from the trial if, for example, the police illegally obtained it. Moreover, your lawyer may continue negotiating a resolution of your case at this stage.
If a plea agreement has not been reached and your case has not been dismissed, it will be set for trial. A jury has twelve members unless the parties agree otherwise in writing with the court’s approval, and a defendant may waive a jury trial only with the approval of the solicitor and the trial judge (S.C. Rules of Criminal Procedure, Rule 14). However, you and your lawyer may still be able to negotiate a plea agreement up until the time of the actual trial. Otherwise, the jury or the trial judge will decide whether you are guilty.
Unless the charges are dropped or you are found not guilty, you must attend a sentencing hearing in front of a judge who will announce the length of your sentence. Your lawyer can present information and arguments to the judge at sentencing. An attorney can also help you file an appeal after the sentencing, and the Judicial Branch FAQ notes that the notice of appeal generally must be served within 10 days after sentencing.
Contact Touma Law Group Today!
Understanding what will happen in the trial process and why your attorney is taking certain steps in your case is important to take the mystery out of a criminal court process and enable you to make informed decisions on how you should proceed. For a free consultation, contact the criminal defense attorneys at our law firm, Touma Law Group.
Call (864) 618-2323 today for an appointment to discuss the criminal court process, ask questions, and get legal advice from a criminal defense lawyer today. Adam Touma, our attorney, is committed to making the legal process as efficient as possible for his clients!
