How do bench warrants work in SC?

Asked by: Tatum Grady  |  Last update: November 15, 2025
Score: 4.8/5 (65 votes)

In South Carolina, if you fail to follow court orders, such as missing a court date or not following a judge's instructions, a bench warrant can be issued. This type of warrant gives law enforcement the authority to arrest you and bring you before the court.

What happens if you have a bench warrant in SC?

If arrested, you will remain in jail until the bench warrant is lifted, The prosecutor might move to revoke your bond and force you to remain in jail until the end of your case, You could be held in contempt of court by the judge – a criminal offense that could result in fines or jail time, and.

What happens when you turn yourself in for a bench warrant?

If you decide to turn yourself in, bring bail money. You will be arrested on the warrant and you will probably be required to post bail and given a court date. If you're lucky, they may just decide to give you a court date and release you ROR.

How do warrants work in SC?

In most cases, the officer will submit a signed, notarized “warrant affidavit” as part of the arrest warrant that states the probable cause the arrest will be based upon. The judge then signs the warrant, authorizing any law enforcement officer to take the person into custody.

Can a warrant be dropped in SC?

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 ...

Got a Bench Warrant in South Carolina? Now what? | Charleston, SC Criminal Defense Attorney

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How can I avoid jail with a warrant?

In some cases, you can clear the warrant by paying a bond or fine and scheduling a new court date. In other situations, you may need to appear before the judge to explain why you missed your original court date and request that they lift the warrant.

When's the best time to turn yourself in?

When Is the Best Time to Turn Myself In? Early in the morning on Tuesdays and Wednesdays. This gives the judge overseeing your case enough time to see you before Friday, which means you're less likely to spend the weekend in jail.

Do police actively search for bench warrants?

Police may actively or passively search for you

Once a bench warrant is issued, police officers will execute it by arresting you.

Does turning yourself in reduce your sentence?

There are so many things that factor into sentencing that there is no way to say “turning yourself in will cut off 2yrs or 60% of your sentence.” In general, in the US plea deals result in less harsh punishments because you are saving the state the time, money and uncertainty of a trial.

How do I clear a warrant in South Carolina?

Steps to Clear an Outstanding Warrant in South Carolina
  1. Contact a criminal defense attorney — An experienced lawyer can guide you on the best course of action. ...
  2. Reach out to local law enforcement — Sometimes, you can clear a warrant by contacting the issuing agency directly.

Can you get a job with a bench warrant?

Whether a warrant might show up on an employment background check depends on the type of search conducted, the jurisdiction in which the warrant was issued, and the type of warrant. If a warrant appears on a background check, the employer should take specific steps before deciding against hiring the applicant.

Can I pay off my bench warrant?

No. There is no such thing as a payment plan on a cash-alternative warrant. You will need to go to court to quash the warrant.

What happens if you miss a court date in South Carolina?

However, missing a court date in South Carolina can lead to serious consequences, including bench warrants, additional penalties, and complications in your case. Before the situation gets out of hand, it's important to contact an experienced criminal defense attorney for guidance.

How long before an unpaid ticket becomes a warrant?

There is no statute of limitations or set date range by which the courts must issue an arrest warrant. Any county can turn a legal issue into a bench warrant at any time, even 10 years later. If this happens, it means there is a court order that mandates your arrest and court appearance to face your unpaid citation.

What do the police not want you to know?

Right to Remain Silent

This right is probably the most known of all. You have the right to remain silent when being questioned by the police. Anything you say or do can be used against you. You have the right to have legal representation at the time of any police interrogation.

What is the difference between a bench warrant and a search warrant?

Bench warrants are issued directly by judges when an individual fails to appear for their court date. Bench warrants are different from arrest and search warrants. They focus on preserving the integrity of the judicial process, rather than investigating and prosecuting crimes.

Is a bench warrant extraditable?

Whether or not a warrant is extraditable is decided at the time the warrant is issued. Generally, more serious charges are extraditable, and less serious offenses are non-extraditable.

How long do you have to turn yourself in after a warrant?

While some might assume there's a grace period, this is not always true, and the individual is typically advised to address the warrant as soon as possible.

What do you wear when you turn yourself in?

When you arrange to turn yourself in, try to wear comfortable clothing that doesn't look sloppy. If you intend to post bail immediately, bring your credit card or cash to pay the bond and essential identification, like a driver's license or state ID card.

Should I turn myself in or wait?

While turning yourself in is often the best way to regain control of the situation, it's not a decision to take lightly. Before you act, there are important factors to consider, such as what to expect during the process, how to minimize time in custody, and how proper preparation can protect your rights.

Can police lie to you about having a warrant?

In general, there is no specific legal prohibition against police officers falsely claiming to have a warrant during an encounter with an individual. However, such deception may raise ethical concerns and could potentially impact the admissibility of evidence obtained as a result of the deception.

Do all arrests need a warrant?

If an officer sees illegal activity or contraband in plain view, they can act without a warrant. Additionally, situations like hot pursuit of a suspect or preventing an imminent danger also allow for warrantless arrests. These exceptions, while necessary, are also closely scrutinized to prevent abuse of power.

How long do you stay in jail for a bench warrant in SC?

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.