An Overview of Criminal Law in South Carolina

The South Carolina criminal justice system can feel overwhelming, especially if it’s your first time facing charges. Whether you’re charged with a misdemeanor in municipal or magistrate court or a serious felony in General Sessions Court, having an experienced South Carolina criminal defense lawyer by your side is critical.

Missing deadlines, failing to request hearings, or even missing a court date can cost you important legal rights. In some cases, you could be convicted in your absence, and a bench warrant may be issued for your arrest.

Why You Should Never Plead Guilty Without Legal Advice

Even charges that seem minor can carry serious consequences. Pleading guilty to a traffic violation, shoplifting charge, or other misdemeanor may impact related or future felony cases.

For example, paying a fine for a traffic ticket at your bond hearing may feel like the quickest way to move forward. But if that same traffic stop led to a drug possession arrest, you may have unknowingly admitted to probable cause – making your defense more difficult.

Bottom line: Do not plead guilty or make decisions about your case until you’ve spoken with a qualified criminal defense attorney.

Who Prosecutes Criminal Cases in South Carolina?

Unlike civil cases, where individuals or companies bring lawsuits, criminal cases are prosecuted by the government.

• General Sessions offenses – prosecuted by the Circuit Solicitor’s Office or the South Carolina Attorney General.
• Municipal court offenses – usually prosecuted by a city attorney.
• Magistrate court offenses – prosecuted by the Solicitor’s Office or sometimes by the arresting officer, depending on the charge.

What Happens After You’re Charged With a Crime in SC?

Every case is unique, but your experience will depend on:

• Which court your charges are in,
• The type of offense, and
• The county where your case is handled.

The key stages in the criminal process may include (these go to the existing links…will edit these also soon)

• Bail – Bond Hearings
• Magistrate & Municipal Court Offenses
• SC General Sessions Offenses
• Preliminary Hearings
• Criminal Penalties
• Criminal Jury Trials
• Right to Counsel

Experienced Criminal Defense in Myrtle Beach, Columbia & Lexington

If you’ve been charged with a crime or are under investigation, time is critical. The sooner you contact a defense lawyer, the sooner we can start protecting your rights and building your case.

At Thompson & Hiller Defense Firm, we represent clients across South Carolina, with offices in Myrtle Beach and Columbia. We handle everything from DUIs and drug charges to violent crimes and serious felonies.

Call (843) 444-6122 today or contact us online

Frequently Asked Questions