Being arrested can turn an ordinary day upside down. You may be worried about getting home, missing work, or what the charge will mean for your future. You may also feel an urgent need to explain yourself.
The first steps are simpler than they feel: stay calm, do not resist, provide the basic identifying information needed for booking, and do not discuss the accusation until you have spoken privately with a lawyer. Then pay close attention to the bond hearing and any papers you receive. An arrest is an accusation, not a conviction, and what happens in the next few hours can affect the case.
What Should You Say to Police After an Arrest?
You can be polite without answering questions about the alleged crime. If an officer asks where you were, who you were with, or why something happened, you can say: “I want a lawyer, and I am choosing to remain silent.”
Say it clearly. Don’t try to fill an awkward silence with an explanation, and don’t assume an informal conversation in the patrol car or booking area is off the record. Give accurate identifying information and cooperate with ordinary booking procedures, but save your account of the incident for a private conversation with counsel.
You may have heard that police must “read you your rights” whenever they arrest you. Under Miranda v. Arizona, warnings generally are required before custodial interrogation—not simply because an arrest has occurred. The absence of a warning does not, by itself, invalidate an arrest or automatically dismiss a charge. Whether a particular statement can be used later depends on the circumstances; officers can use volunteered statements even if no warning was given.
What Happens at the Jail?
Officers may take your identifying information, photograph and fingerprints, inventory your property, and ask about medical needs. If you need medication or urgent medical attention, tell staff plainly and keep asking for help if your needs are not addressed.
If you were arrested pursuant to an arrest warrant, South Carolina law requires that you be furnished a copy of the warrant and the affidavit on which it was issued. Keep those documents if you receive them. See S.C. Code § 22-5-210.
You may be able to call someone to help with transportation, family responsibilities, a lawyer, or bond. Do not describe the allegations over a jail phone or in messages from the jail. Calls and messages may be recorded or reviewed. The same caution applies to conversations with other people being held there. Ask how to arrange a private conversation with your lawyer.
When Will You Have a Bond Hearing?
For a bailable offense, S.C. Code § 22-5-510(B) requires a bond hearing within 24 hours of arrest. That is a deadline for the hearing, not a promise that everyone will be released within 24 hours. Bail may be denied in circumstances allowed by law, including for certain violent offenses.
At the hearing, the court considers the nature and circumstances of the charge and information bearing on appearance and danger, including family ties, employment, financial resources, criminal record, pending charges, and whether the person is already out on bond. For a noncapital offense, S.C. Code § 17-15-10(A) generally calls for release on recognizance unless the court determines that this will not reasonably assure appearance or would pose an unreasonable danger to the community or an individual. The court may instead require surety or impose appropriate release conditions.
A bond hearing is not your trial. It is usually a poor time to tell your full story, challenge every statement in the police report, or contact a witness to straighten things out. If you can speak with a lawyer before the hearing, do so. A lawyer can help present reliable information about where you live, your work, your family responsibilities, and your ability to comply with conditions.
If a bond is set, find out what type of bond it is, how it can be posted, and every condition attached to release. For a bailable offense, § 22-5-510(B) also requires release within a reasonable time, not more than four hours after the bond is delivered to the incarcerating facility. That clock does not begin merely because the judge announced a bond amount.
What Should You Do When You Are Released?
Before you leave, collect and photograph your paperwork. Make sure you know the charge, the court, any scheduled appearance, and your bond conditions. If the paperwork is unclear, ask for clarification and contact your lawyer or the court promptly. Do not rely on someone else to remind you when to appear.
Read any no-contact, travel, reporting, or other restrictions carefully. A no-contact condition may apply even if the other person reaches out first. Do not ask a friend or relative to pass along a message in an attempt to get around it. A claimed misunderstanding can still cause serious problems for your bond.
Next, preserve information that may matter to your defense: messages, receipts, photographs, names of potential witnesses, and the location of possible video. Write down what you remember while it is fresh. Do not delete anything or try to persuade a witness to change an account. Give the information to your lawyer so they can evaluate it and, where appropriate, preserve it.
If your family is trying to help while you are in custody, our guide to what to do when a family member or friend is arrested covers practical steps they can take. If you learned of a warrant before an arrest, our article on outstanding arrest warrants in South Carolina addresses that situation.
Is There a Deadline to Request a Preliminary Hearing?
There may be. For a charge not triable by a magistrate, Rule 2 of the South Carolina Rules of Criminal Procedure requires notice of the right to request a preliminary hearing. For a bailable offense, the notice is given at the bond hearing; for a nonbailable offense, it must be given no later than it would have been given if the offense were bailable. The magistrate must provide oral notice and a form that the defendant can sign and return to request the hearing. The request must be made within ten days after the notice.
A preliminary hearing addresses whether sufficient evidence exists to warrant detention and trial; it is not a trial on guilt. If requested, the hearing is to be held within ten days after the request, but it will not be held if a grand jury indicts you or you waive indictment before the hearing occurs. Keep the notice and discuss it promptly with your lawyer. Your lawyer can explain whether requesting the hearing makes sense in your case and help you meet the deadline.
Speak With a Criminal Defense Lawyer Early
The charge, the facts, and the court’s orders determine what should happen next. If you have been arrested in the Charleston area, contact the lawyers at Futeral & Nelson to discuss the allegation, your bond conditions, upcoming court dates, and the steps needed to protect your defense.
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