What Happens After You're Arrested in South Carolina?
After an arrest in South Carolina, you are booked, brought before a judge for a bond hearing, and then moved through preliminary and general sessions proceedings toward trial or resolution. Decisions made in the first stages shape everything about the criminal charges that follow.
What Happens During Booking and Holding?
Officers transport you to the detention center; in Richland County, the Alvin S. Glenn facility on Bluff Road, for fingerprinting, photographs, and a records check. Personal property is inventoried, and anything you say to officers or cellmates while in holding can later be used as evidence.
When Is the Bond Hearing?
These hearings are often conducted by video before a magistrate at the detention center, including nights and weekends. The court considers factors such as public safety and the likelihood that you will appear for future court dates before setting a personal recognizance, surety, or cash bond, as well as any release conditions. Under S.C. Code § 22-5-510, a bond hearing must generally be held within 24 hours of arrest.
For certain serious offenses, a magistrate cannot set bond. Charges such as murder and some burglary offenses require a bond hearing before a circuit court judge. In those cases, presenting evidence of employment, stable housing, family support, and other ties to the community can have a meaningful impact on the court’s decision.
Should You Request a Preliminary Hearing?
A preliminary hearing tests whether probable cause supports the charge, and it must be requested in writing shortly after the bond hearing or the right is waived. The state puts on an officer, the defense cross-examines, and a dismissal at this stage ends the case unless a grand jury later indicts.
Even when the court finds probable cause, the hearing can still benefit the defense. It preserves the officer’s early testimony, reveals the strengths and weaknesses of the investigation, and creates valuable material for cross-examination that cannot be gained from a discovery file alone.
Roll Call and First Appearance
The general sessions court runs on scheduled appearances that track the case while the solicitor prepares an indictment. Nothing gets decided at most of them. However, attendance is mandatory, so expect a sequence rather than a single court date:
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A first appearance confirming counsel and pending status
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A second appearance addressing discovery and plea negotiations
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Motion hearings on suppression and evidentiary disputes
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Trial before a twelve-person jury if no resolution comes first
Missing any appearance triggers a bench warrant and bond revocation. The solicitor’s office manages calendars in the Fifth Judicial Circuit, so dates are sent by mail and through counsel rather than directly from the judge.
Our Criminal Defense Attorneys Fight for Your Rights
Every stage of a criminal case presents an opportunity to improve the outcome, whether by securing more favorable bond conditions, challenging probable cause at a preliminary hearing, or seeking to suppress unlawfully obtained evidence.
The Laubshire Law Firm represents clients at every phase of the process with thorough courtroom preparation and the perspective of a founding attorney who previously served as a prosecutor. Call (803) 708-4755 for a free consultation, available 24 hours a day, or contact the firm online for a prompt response.
