South Carolina Forensic Juvenile Blair Order - Not Competent and Not Likely - Mental Illness
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FAQ
A defendant cannot be convicted of a crime if they are not mentally competent to stand trial. This would violate constitutional protections for defendants by denying them the right to a fair trial. Competency involves being able to understand the proceedings and play a role in their defense.
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.
The enforcement powers of the Family Court are known as the ?Contempt Powers,? and are outlined by the South Carolina Code of Laws as follows: (1) up to one year in prison, (2) a fine up to $1,500, and/or (c) up to 300 hours of community service.
Form 9 - Letter to Clerk of Lower Court Filing Notice of Appeal, S.C.
2. Do arrest warrants expire? No, arrest warrants do not expire.
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.