South Carolina FAILURE TO APPEAR - BAIL JUMPING
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FAQ
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.
(A) A person charged with a noncapital offense triable in either the magistrates, county or circuit court, shall, at his appearance before any of such courts, be ordered released pending trial on his own recognizance without surety in an amount specified by the court, unless the court determines in its discretion that
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.
SECTION 17-19-90. Objections to defects in indictments.
In-person conversations The consent of at least one party to an in-person conversation is required to record ?any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation.? S.C. Code §§ 17-30-15, 17-30-30.
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.
SECTION 17-23-90. Indictment and trial of persons committed for treason or felony; consequences of failure to indict.
SECTION 17-15-90. Wilful failure to appear; penalties. (2) if he was released in connection with a charge for a misdemeanor for which the maximum possible sentence was at least one year, be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
