What to Expect During an Arraignment in South Carolina

An arraignment is one of the first formal appearances for a criminal defendant in court. Although brief, it is a critical step in a criminal prosecution. Defendants should hire a lawyer to represent them at the arraignment to ensure their rights are protected. Call William G. Yarborough, an experienced Greenville criminal defense lawyer. Our firm can answer any questions about what happens at an arraignment and what penalties you are facing. If hired, we can analyze the best way to defend you against the charges.

What is an Arraignment?

The arraignment is usually the first formal appearance in court. A defendant is notified of important facts, including the charges and their legal rights.

South Carolina courts generally don’t use the term “arraignment.” Instead, the South Carolina Courts use the terms “first appearance” and “second appearance.”

What Happens at Arraignment in South Carolina?

At your first appearance, a judge will check that you have access to a lawyer. The court also wants to ensure you will appear at trial.

A “second appearance” is close to what people call an arraignment. The following will take place:

1. The judge will inform you of the criminal charges you face. You probably already know what they are, but this is a standard part of an arraignment.
2. The judge will advise you of your constitutional rights. For example, you have the right to a lawyer to defend you and to remain silent.
3. You will be allowed to enter an initial plea. Typically, defendants enter a plea of “Not Guilty” at the arraignment. You can change your mind later, such as after negotiating a plea deal. But for now, a “Not Guilty” plea is standard.
4. The court can discuss whether you want to request a public defender if you do not have an attorney.
5. The court will schedule your next appearance.

An arraignment is not a trial, and no witnesses are put on the stand to testify. It is a basic procedural hearing, focused on sharing information with the defendant about their charges and their legal rights.

Arraignment Timing

The first appearance should happen within 45-60 days of your arrest. The second appearance should happen within 120 days of your arrest.

Bond Hearings vs. Arraignment

Most defendants want to stay out of jail as their case winds its way through the courts. It’s possible to be released on bail, and a magistrate will conduct a bond hearing. This hearing must take place within 24 hours of your arrest. Your bond hearing is not your arraignment, although it is usually the first time a defendant sees a courtroom.

The goal of a bond hearing is for the presiding judge to gauge whether the defendant is a flight risk or a danger to the community. The judge can then release someone on bond and set conditions that the defendant must meet. Common conditions include attending all hearings, staying out of criminal trouble, and not leaving the county until their criminal case concludes.

We encourage defendants to hire a lawyer for their bond hearing. We can argue that you are not a risk or that conditions should be relaxed. The bond hearing is often a critical moment, and it happens so soon after arrest that many defendants have not yet hired an attorney.

Should You Enter a Not Guilty Plea at Your Arraignment?

The answer is almost always “yes.” This is very early in your criminal case. You might change your mind and wish to enter a different plea, such as “Guilty” or “No Contest.” And you can do that later, if you choose. However, most defendants only change their plea when they get something in return, such as a reduced charge. But plea bargaining takes time and might take several months. Your second appearance will happen within 120 days of your arrest, and maybe sooner.

Pleading guilty at the arraignment can have disastrous consequences. It’s harder to claw back a guilty plea than it is to change your plea from not guilty to guilty. For this reason, it’s standard to plead not guilty.

Challenging the Basis of Your Arrest

Some people are arrested in violation of their Constitutional rights. For example, the police could have lacked probable cause to search you or have failed to obtain a warrant for your arrest. You might ask a judge to release you.

Typically, we challenge probable cause at a later hearing. Discuss whether this is an option for you. Sometimes, a judge will dismiss charges for violation of rights or other procedural errors.

Hiring a Lawyer for Your Arraignment & Other Court Appearances

It’s perfectly understandable to feel overwhelmed or confused by the entire criminal process. You might feel pressured to plead guilty or just assume you can revoke a guilty plea later.

This is why you should hire an experienced lawyer to guide you through the process. A lawyer will appear with you to hear the charges read. A lawyer will also be by your side when you enter your initial plea.

A lawyer can also raise critical issues at your first or second appearance, such as questions regarding discovery (which is the sharing of evidence or information).

A lawyer is also an excellent benefit for some defendants seeking bail. If you have a criminal history or if you are accused of a heinous, violent crime (like murder), then a lawyer can make a big difference. Many judges hesitate to release someone with a long rap sheet.

When shopping for a criminal defense lawyer, ask about their experience. A lawyer who practices in Greenville County has a better appreciation of how judges analyze cases. We know which ones are more likely to grant a bond or a request to dismiss charges.

Contact Attorney Yarborough for a Private Consultation

Mr. Yarborough has spent decades defending people in the 29609 zip code and surrounding areas. There are few Greenville criminal defense lawyers with his experience in both state and federal courts. Contact us today to schedule your consultation with our firm.