Facing a criminal charge in South Carolina

Bond and pretrial release in South Carolina

Article I Section 15 of the South Carolina Constitution provides that all persons shall be bailable by sufficient sureties except for capital offenses or offenses punishable by life imprisonment when proof is evident or presumption great. S.C. Code Ann. Sec. 17-15-10 through 17-15-260 govern bail. Sec. 17-15-10 directs the court to consider release on personal recognizance first, and to consider the least restrictive condition that will reasonably assure appearance and community safety. Forms include release on personal recognizance, unsecured surety bond, secured appearance bond by cash or property, and surety bond. Sec. 17-15-55 governs review and modification. Magistrates typically conduct the initial bond hearing within 24 hours of arrest under Sec. 22-5-510.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving South Carolina

Our directory is still building in South Carolina. Public-defender intake is available now.

Record clearing in South Carolina

South Carolina expungement is governed by S.C. Code 17-22-910 through 17-22-960. The statute establishes a petition-based pathway, applications routed through the Solicitor's Office and SLED, with offense-specific provisions for first offender, dismissed, and certain conviction records. The statute provides expungement of dismissed charges, charges resulting in acquittal, first-offender conditional discharge dispositions, and certain low-level convictions after offense-specific waiting periods of three to five years. Violent crimes enumerated in 16-1-60 and sex offenses are excluded. The application is processed through the Solicitor's Office in the circuit of conviction and verified by SLED.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in South Carolina

South Carolina Commission on Indigent Defense serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.