When you get hit with criminal charges, you are standing face-to-face with a legal machine that will not slow down just because you are scared, confused, or new to the process. That is the truth. The system has its own rules, timelines, and expectations, and no one explains them unless you ask. This article will walk you through how criminal cases unfold in South Carolina.
The Step-By-Step Criminal Case Timeline
“Most people facing charges are scared, and rightfully so. But fear gets worse when you do not know what’s coming. Having a clear map of what to expect helps take the panic out of the process,” says criminal attorney Bill Nettles of Bill Nettles Attorney at Law.
No matter how far along you are, just charged, out on bail, or already preparing for trial, this breakdown is for you. We are walking through the entire South Carolina criminal process, from start to finish, so you can understand what to expect in a criminal case.
Step 1: Investigation and Arrest
Movies will have you believe that criminal cases start with a chase or a loud arrest. The truth is much quieter. Investigations can begin without you even knowing. You might get approached for “a few questions.” You might be told you are just helping out. That’s often not the case. The moment police want to speak with you about a potential crime, the safest move is to speak to a lawyer first, even if you are told you are not a suspect.
South Carolina officers can arrest you if they believe there is probable cause. That belief does not need to be proven in court first; it just has to seem reasonable to them at that moment. And they can make that arrest with or without a warrant. If there’s a warrant, it means they have already done their homework. No warrant? Then it probably happened in the heat of the moment. Either way, do not resist, do not argue. Ask what the charge is, then say nothing more.
Step 2: Booking and Bond Hearing
After an arrest, you are not taken straight to court. First, you are transported to the local jail in the county where the alleged offense occurred. That is where the booking process begins. It is a structured procedure, and it happens the same way for everyone, regardless of the charge.
During booking, jail staff will record:
- Your legal name and other personal details
- The criminal charges you’re facing
- Your mugshot and fingerprints
- An inventory of anything you had with you
- Your initial eligibility for the bond
Once you are in the system, the next step is the bond hearing, usually held within 24 hours. This is the moment the court decides if you can be released from jail while your case moves forward. It is not a trial, and the question is not “did you do it?” The focus is much narrower: “Can you be trusted to come back, and will your release put anyone at risk?”
The judge will weigh:
- How serious your charges are
- Whether you have a reason to flee
- If your release could pose a danger
- Whether you’ve been in trouble before
- Whether you have local ties like a job, school, or family
What happens next depends on that evaluation. You may be released on a personal recognizance bond, released with conditions after paying a surety bond, or held without bond if the charges are severe. Whatever you do, do not go into the hearing thinking it’s just paperwork. And don’t try to explain your way out of the situation. This is where many people trip themselves up. Stay calm. Let your lawyer do the work.
Step 3: First Appearance / Arraignment
Your next major court date will likely be the first appearance, also known as the arraignment. If your case is heading to General Sessions Court, this step usually happens about a month to a month and a half after your arrest.
During this hearing, the judge will:
- Read out the charges you’re facing
- Make sure you’ve been informed of your rights
- Verify your legal name and personal info
- Ask who is representing you: a private lawyer, a public defender, or your current attorney
- Enter your plea (which should almost always be “not guilty” at this point)
South Carolina runs on solicitor control. That means the prosecutor, not the judge, is the one driving the next phase. They decide whether to offer a plea deal, whether to take it to trial, and what shows up on your record. They can reduce the charges or drop them altogether. But nothing in that process moves unless someone moves it. It depends on how you present yourself and who is speaking on your behalf.
Show up. Be on time. Missing your first appearance is a legal disaster. A bench warrant can be issued immediately. On top of that, don’t speak without a lawyer, and don’t assume the charges are final.
Step 4: Discovery & Motions
Once the arraignment is behind you, the case moves into the discovery phase. This is where both sides exchange the evidence they plan to use. In theory, it maintains fairness. In reality, it’s where a lot can go wrong.
You have the right to see the evidence against you, but that does not mean you’ll get it without asking. Police reports, lab work, body camera footage, and professional testimony all fall under what’s known as discoverable material. Your lawyer has to file a formal request to trigger the process. And while the prosecution is legally required to respond in a reasonable amount of time, “reasonable” can be subjective. There is no fixed deadline. A strong defense lawyer knows how to track what has been provided, what has not, and when it is time to push back.
Here are three common traps that can derail this phase:
- Incomplete disclosure
Just because something could help your case does not mean the prosecution will give it to you voluntarily. Even though Brady v. Maryland requires them to disclose evidence that might be favorable to the defense, that does not mean they will point a spotlight on it. Your lawyer needs to know how to spot what’s missing and demand it.
- Overloaded data
Sometimes, instead of hiding evidence, prosecutors bury it. They might hand over hundreds of irrelevant documents to appear thorough, knowing it will take time to sift through. It takes a trained legal eye to find the needle in the haystack, and to know which haystacks are worth flipping.
- Late delivery
Timing is everything. If discovery gets turned over too close to trial, it puts your lawyer on the back foot. You don’t want a crucial video or test result arriving the week before court. That’s why early and aggressive motion work is essential at this stage to keep the State honest and give the defense time to build.
If the State delays or holds back during discovery, your lawyer can file what is called a motion to compel, which asks the court to order the prosecution to turn over what they are legally required to share.
If your attorney finds out that key evidence came from an illegal traffic stop, a faulty search, or a Miranda rights violation, they can ask the judge to suppress it. That means the jury never hears it. If the problems run deeper, like there’s no real evidence to back the charges, or a serious legal mistake has tainted the whole process, a motion to dismiss might be on the table. That’s the nuclear option. It will not always succeed, but in the right hands, it can end the case outright.
Step 5: Plea Deals vs. Trial
By the time you’re staring down a plea offer, the case has already taken shape. Evidence has been traded, motions filed, and somewhere along the way, both sides started running the numbers.
What can be proven? What might get thrown out? And more importantly, what’s the risk if we go to trial? This is the stage where your lawyer’s earlier work either boxes you in or opens doors. A well-argued motion to suppress can shift the prosecution’s tone fast. If key evidence is at risk of being tossed, the solicitor might decide it is better to offer a lighter deal than roll the dice in court without it.
But this only works if the defense actually knows what’s in play. Poor discovery analysis leads to bad calls. Maybe a lawyer misses that a test result was improperly handled, or that an officer’s report contradicts video evidence. And if they miss that, you’re suddenly agreeing to a plea deal for something the State might not even have been able to prove.
Step 6: Trial, Sentencing & Appeals
If you’ve reached this point, it means negotiations have ended or failed, and you are now preparing for one of the most demanding moments in the criminal process.
Your case will likely land in General Sessions Court, where felonies and more serious misdemeanors are handled. You will appear before a judge and possibly a jury of twelve community members. Unless both parties waive the jury, the courtroom is set up for that kind of trial. Most people don’t waive it. A jury brings more eyes, more perspectives, and sometimes, more fairness.
It’s the prosecutor’s job to convince the jury, not yours to prove innocence. If the jury returns a guilty verdict, sentencing follows. Judges in South Carolina have significant discretion in this phase. That means your sentence could look different from someone else convicted of the same crime. Local norms, the facts presented, and your lawyer’s arguments all shape what happens next.
If you are convicted, you may still have the option to challenge what happened in court. An appeal asks a higher court to look at how your trial was handled, not to decide the facts again, but to review whether the law was applied properly. It’s a process focused on errors, such as when a judge allows evidence that should not have been allowed, if your rights were violated, or if legal procedures were skipped or mishandled. You typically have ten days from the date of sentencing to file a notice of appeal.