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I was arrested--what happens now?

Posted by Allison Blackwelder | Dec 19, 2016 | 0 Comments

Getting arrested can be scary, especially if you have no exposure to the criminal justice system beyond watching Law & Order in your family room. The following numbered items are a very general schedule of what to expect after you are arrested.

  1. Arrest: Arrest is a mechanism by which law enforcement officers charges you with a crime in South Carolina.  You may be arrested if you are charged with a misdemeanor or a felony, though officers can sometimes choose to issue a citation in lieu of a formal arrest for certain misdemeanors (including traffic citations).
  2. Bond Hearing: This generally occurs within about 24 hours of your arrest/booking.  At this hearing, a judge determines whether you are to be released prior to your court date.  You may be released on a PR (Personal Recognizance) bond or a paid bond.  
  3. Initial/Docket Appearances: These are roll calls where the court makes sure you have not run away and violated your bond. At these appearances, the court also makes sure that you have an attorney and that your attorney has begun discussing your case with the prosecutor.
  4. Plea Hearing: If you and your attorney decide that you are going to plead guilty to an offense, even if it is not the offense charged, you will appear in front of a judge to do this.
  5. Roster Hearing: This is similar to the Initial/Docket appearances in that the court has you appear to let you know that your case is on the short list to be called for trial. Your trial could be held during that week or the following if you are far enough toward the top of the list.
  6. Trial: This is what you normally see on television.  It is where you and your attorney challenge the evidence that the prosecutor believes proves that you committed a crime. This can take place in front of a judge alone or in front of a jury.
  7. Sentencing: This phase only occurs if you are convicted of a crime.  It typically occurs at the time you plead guilty (plea hearing) or immediately after you are convicted by a judge/jury.  

Blackwelder Law encourages you to contact an attorney as soon as possible after your arrest.  This ensures that an attorney is available to advocate on your behalf through each of the steps listed above.

We look forward to working with you during this difficult time. 

About the Author

Allison Blackwelder

Allison (Alli) Blackwelder was raised in Fayetteville, North Carolina where she learned the value of working hard to serve others in her community. She attended Duke University in Durham, North Carolina, and graduated with a Bachelor of Arts Degree in History and minor in Religion in 2010.  

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Blackwelder Law represents clients from around the country and practices in court rooms throughout the state of South Carolina. Because we understand that every prospective client may not be able to travel to South Carolina, Blackwelder Law encourages prospective clients to contact us about a free initial consultation today.

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Office Address:
30 N. Congress St, Suite 206
York, South Carolina 29745
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Post Office Box 1157
York, South Carolina 29745
Phone: 910-489-2178
or 803-818-4535
Fax: 803-684-9146