South Carolina Criminal Process
Criminal Cases in South Carolina go through a variety of steps as they progress through the judicial system. Mr. Snell represents individuals at all phases of the judicial system in South Carolina, from the Initial Investigation through the trial of their case and into Appeals and Post-Conviction Relief proceedings. Services even include assist clients with outstanding arrest warrants and representation at initial bond settings.
You should always consult with a criminal defense attorney if you are under investigation for any criminal offense, or if you or a loved one are facing criminal charges. It is recommend that anyone who is facing a criminal charge, either themselves or in their family, become as familiar as possible with the Court system so that they can make the most informed decisions about how their case should proceed.
Initial Investigation
Most criminal cases begin with a complaint being made to a law enforcement officer, such as the local Sheriff's Department, Public Safety Department or SLED. At this time law enforcement is attempting to determine if a crime took place, and if so who should be charged. Anyone being investigated by law enforcement concerning any possible criminal matter should immediately consult with a criminal defense attorney. You have a right to remain silent and not to report for an "interview" and to not consent to any searches of your home, office or automobile. Not knowing how to properly exercise your rights may result in charges being filed against you that could have otherwise been avoided. There is no statute of limitations from crimes in South Carolina, and it is possible for an investigation to go on for years.
Obtainment of an Arrest Warrant
When a law enforcement officer believes that they have sufficient evidence to show probable cause that a crime has occurred and that they know who the responsible party is they may petition a Magistrate or Circuit Court Judge for an arrest warrant. The obtaining of an arrest warrant is considered an ex parte proceeding, meaning that the Defendant has no right to know that a warrant is being sought, or to have any opportunity to deny the allegations prior to the warrant being obtained. An arrest warrant serves as a directive to law enforcement nationwide to take a defendant into custody. At a later point in the process it may be possible to challenge the procedures by which an arrest warrant was obtained, but generally not until after the arrest has taken place.
Arrest or Bond Court
Mr. Snell recommends that individuals who learn that a warrant for their arrest has been issued should immediately consult with a criminal defense attorney and make the necessary arrangements. Not only is a voluntary surrender safer for the Defendant and their family, it also may result in a lower bond. Mr. Snell routinely accompanies his clients when they turn themselves in, and will attempt to schedule the turn in so that my client will be eligible for the next bond Court and will spend as little time in the Detention Center as possible.
In Lexington County, Bond Court is held immediately adjacent to the Detention Center at 521 Gibson Road, Lexington, South Carolina. In Richland County, Bond Court is held inside the Alvin S. Glenn Detention center at 201 John Mark Dial Drive, Columbia, South Carolina. Bond Court is open to the public, and is typically held at least once per day and is presided over by a Magistrate Judge.
The judge at the Bond Court is to consider whether or not a Defendant is either a flight risk, or poses an unreasonable risk to the community. A finding of either serves as a basis for the setting of either a very high bond, or denying bond altogether. A Defendant may have the Bond Court's setting or denial of bond reviewed by the Court of General Sessions through the filing of a Motion to Reduce Bond. Defendant's charged with certain serious offenses (Murder or Burglary 1st Degree for example) may be ineligible to have a bond hearing set by the local Bond Court, and instead must wait until the Court of General Sessions reconvenes This may take several weeks or months to be scheduled.
Preliminary Hearing
The preliminary hearing usually occurs thirty to sixty days after the initial bond setting. It is only available in serious and felony cases, and only if requested, in writing, within ten days of the bond proceeding.
The preliminary hearing is presided over by a Magistrate or Municipal Court judge. It is a hearing to determine if there is probable cause to bind the case over to General Sessions. Typically a single police officer will come and testify to the Court about the evidence in the case. The Defendant's attorney will cross examine the officer in an attempt to learn more about the case, and in an attempt to show that there is insufficient evidence to find probable cause that the Defendant is in fact likely to be guilty. There is no opportunity for the Defendant to testify, call additional witnesses or offer any evidence.
At the conclusion of the testimony, the Defendant's attorney may make a motion to dismiss for lack of probable cause. It is vitally important to prepare for these hearings by knowing the legal requirements necessary for the Court to find probable cause for the charges, as well as any defenses that may be available.
Grand Jury Proceedings
Each county in South Carolina has a eighteen member Grand Jury that meets and determines if there is Probable Cause to bind the case over to General Sessions. The Grand Jury meets in a closed proceeding, and considers evidence submitted by witnesses coordinated by the County Solicitor. At least twelve of the eighteen members must find probable cause in order for the case to continue. There is also a State Grand Jury used by the South Carolina Attorney General's office.
When the Grand Jury finds probable cause, it does so through a process called Indicting. Article 1, Section 11 of the South Carolina State Constitution requires that serious and felony cases be reviewed by the Grand Jury prior to the Court of General Sessions actually having authority to hear the case. The Grand Jury also has the authority to Directly Indict, meaning that they can review evidence and issue an Indictment, or probable cause finding, without a Magistrate or other judge ever issuing a warrant and without a preliminary hearing ever taking place.
General Sessions Trial Court
General Sessions is the Court of unlimited criminal jurisdiction in South Carolina. In Proceedings are held in the County's main Courthouse. This Court has unlimited jurisdiction and may impose fines, probation, incarceration in the South Carolina Department of Corrections or execution.
Usually at the bond setting a Defendant is given a date and time of their first Court date. This is called First Appearance in most larger South Carolina Counties, and Roll Call in most smaller counties. By the First Appearance date the Solicitor's office is to have assigned an Assistant Solicitor to prosecute the file and to also have obtained copies of the incident reports and other evidentiary materials from the investigating law enforcement agency. The Defendant is expected to be on time and remain until discharged by either their Solicitor or the Judge. The Defendant is also expected to have retained an attorney by this point.
After the First Appearance the Defendant is given a date and time to return for a Second Appearance or follow up Roll Call. During the interim the Defendant's attorney should be reviewing the case against the Defendant, and reviewing all available options with the Defendant to allow the Defendant to make an informed, unhurried decision as to how their case should proceed. This is the Court where guilty pleas are taken or where actual trials occur.
South Carolina Court of Appeals
Defendants who do not like the outcome of their case at the trial court level may appeal either a guilty plea or the result of a trial to the South Carolina Court of Appeals. It is necessary to file an intent to appeal within ten days of the date of sentencing.
The South Carolina Court of Appeals is located in Columbia, South Carolina. In most cases a three judge panel is assigned to review portions of the written transcripts and legal briefs prepared by the lawyer's representing the defendant. Most cases are decided without personal appearances by the Defendant's themselves. When a case is appealed the local Solicitor's office will transfer responsibility for management of the appeal to the South Carolina Attorney General's office. The Court's primary purpose is to examine the record for errors of law, and if they find favorably for the Defendant then the case is remanded back to General Sessions for a new trial.
South Carolina Supreme Court
The South Carolina Supreme Court is South Carolina's highest appellant court. Either the State or the Defendant may appeal the findings of the South Carolina Court of Appeals to the South Carolina Supreme Court. Cases in which the death penalty was imposed skip the Court of Appeals altogether and are automatically reviewed by the Supreme Court. Most cases are decided without personal appearances by the Defendants, and the State continues to be represented by the South Carolina Attorney General's office. The Court's primary purpose is to examine the record for errors of law, and if they find favorably for the Defendant then the case is remanded back to General Sessions for a new trial.
Post-Conviction Relief Proceedings
At anytime within one year of the imposition of a sentence, or the conclusion of appeals, a Defendant may file a petition for Post-Conviction Relief, or PCR. An application for Post-Conviction Relief is considered to be a civil (non-criminal) legal matter, and is decided by the South Carolina Court of Common Pleas, the civil counterpart to the Court of General Sessions. Most complaints argue that the Defendant's sentence is unconstitutional because of ineffective assistance of counsel.
