South Carolina Bench Warrant after Trial in Absentia
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How to fill out South Carolina Bench Warrant After Trial In Absentia?
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FAQ
Depending on the circumstances, your criminal defense lawyer may be able to schedule a hearing on a motion to lift the bench warrant, and, if you appear at the hearing, may be able to get the bench warrant lifted before you are taken to jail.
A defendant need not be present under any of the following circumstances: (1) Organizational Defendant. The defendant is an organization represented by counsel who is present. (2) Misdemeanor Offense.
If the judicial official determines that the arrest was lawful, he must commit the person arrested to imprisonment for twenty days as provided in Section 17-9-10.
If you contact your criminal defense attorney (or retain an attorney) immediately, your attorney may be able to file a motion to lift your bench warrant, get a hearing scheduled before you are arrested, and explain to the court 1) why you did not appear at your court date and 2) that your attorney will make sure you
If you are taken into custody on a bench warrant, you will remain in jail until a hearing is scheduled on a motion to lift the bench warrant, which could take weeks or even months depending on your location and the circumstances.
You could call the sheriff's office or the solicitor's office and ask them if there is a bench warrant, but they probably will not tell you because they do not want you to hide from the deputies. Your attorney may be able to find out on your behalf, however, and then file a motion to have the bench warrant lifted.
A bench warrant is a form of process issued "from the bench" for the attachment or arrest of a person. Section 17-13-160 requires that all arrest and search warrants be in a form prescribed by the Attorney General.