J. Reuben Long Detention Center Criminal Court Process

Search for an Inmate or Active Arrest Warrant in Horry County

Criminal Court Process for Horry County South Carolina

Conway is the county seat of Horry County, the state's largest county by land area and home to the Grand Strand, where millions of visitors a year add to the local caseload. A network of county magistrate offices and seven city and town courts handles minor offenses and sets bond after arrests, while felonies and serious misdemeanors are tried in the Court of General Sessions at the Horry County Government and Justice Center in Conway. Horry and Georgetown counties form the Fifteenth Judicial Circuit, and the Fifteenth Circuit Solicitor prosecutes General Sessions cases from both. Adults arrested anywhere in the county end up at the Sheriff's detention center outside Conway.

  • Horry County Clerk of Court (General Sessions and Family Court), Government and Justice Center, 1301 Second Avenue, Conway, SC 29526, (843) 915-5080
  • Horry County Magistrate Court, central office, 1201 Third Avenue, Conway, SC 29526, (843) 915-5290
  • Fifteenth Circuit Solicitor's Office, prosecutor for Horry and Georgetown counties, based in Conway
  • Fifteenth Circuit Public Defender, Horry County office, (843) 915-5385
  • J. Reuben Long Detention Center (Horry County Sheriff's Office), 4150 J. Reuben Long Avenue, Conway, SC 29526, (843) 915-5140

Which court hears your case. Horry County's Magistrate Court is the summary court for unincorporated areas such as Carolina Forest, Socastee, Garden City and Little River. Its jurisdiction covers offenses punishable by no more than 30 days or a $500 fine (some statutes allow up to $1,000), first-offense DUI and shoplifting of $2,000 or less; magistrates also issue warrants, hold bond court and preliminary hearings. Seven Municipal Courts, from North Myrtle Beach to Surfside Beach and inland to Conway, Aynor and Loris, try ordinance violations and summary-level state charges that occur inside city or town limits. Felonies and higher misdemeanors go to the Court of General Sessions once the Horry County grand jury indicts.

Where pretrial inmates are held. The J. Reuben Long Detention Center, on J. Reuben Long Avenue in Conway, is the county's jail. The Horry County Sheriff's Office runs it, and it receives prisoners from county police, beach city departments, the Highway Patrol and other agencies. City police may hold someone briefly at their own station first. A magistrate holds bond court at the detention center every day, and anyone who does not make bond remains there pending trial. The detention center's main number is (843) 915-5140.

Local courts in Horry County (magistrate and municipal courts)

Horry County spreads its magistrates across the county so that residents of Green Sea or Little River are not forced to drive to Conway for every matter. Specialized dockets (traffic, jury trials and domestic violence) meet at the central Conway office, and bond court and night court are held at the J. Reuben Long Detention Center. Office locations change from time to time, so call before going.

Magistrate courts (county)

  • Detention Center Magistrate (bond court and night court) — 4150 J. Reuben Long Avenue, Conway, SC 29526, (843) 915-5145
  • Conway Magistrate (central office) — 1201 Third Avenue, Conway, SC 29526, (843) 915-5290; central traffic court (843) 915-5070; jury court (843) 915-5065. Criminal domestic violence court also meets here.
  • Myrtle Beach Magistrate — Olin I. Blanton Jr. County Office Building, 1201 21st Avenue North, Myrtle Beach, SC 29577, (843) 915-5293
  • Surfside / South Strand Magistrate — South Strand Office Complex, 9630 Scipio Lane, Myrtle Beach, SC 29588, (843) 915-5291
  • Little River Magistrate — 107 Highway 57 North, Little River, SC 29566, (843) 915-5292
  • Loris Magistrate — 3817 Walnut Street, Loris, SC 29569, (843) 915-5295
  • Green Sea Magistrate — 5527 Highway 9, Green Sea, SC 29545, (843) 915-5294
  • Aynor Magistrate — 640 Ninth Avenue, Aynor, SC 29511, (843) 915-5296

Municipal courts

  • Myrtle Beach Municipal Court — Ted C. Collins Law Enforcement Center, 1101 North Oak Street, Myrtle Beach, SC 29577, (843) 918-1356
  • North Myrtle Beach Municipal Court — Public Safety Building, 1015 Second Avenue South, North Myrtle Beach, SC 29582, (843) 280-5610
  • Conway Municipal Court — 1001 Third Avenue, Conway, SC 29526, (843) 248-1765
  • Surfside Beach Municipal Court — 115 U.S. Highway 17 North, Surfside Beach, SC 29575, (843) 913-6337
  • Atlantic Beach Municipal Court — 717 30th Avenue South, Atlantic Beach, SC 29582, (843) 663-2284
  • Loris Municipal Court — 3817 Walnut Street, Loris, SC 29569, (843) 756-6674
  • Aynor Municipal Court — 600 South Main Street, Aynor, SC 29511, (843) 358-6231

Visitors ticketed during a trip often ask whether they must come back for court. Many summary offenses can be resolved by paying the fine listed on the ticket, which counts as a conviction, but a DUI or any charge requiring an appearance does mean returning or hiring a local lawyer. A six-person jury is available in every one of these courts, and appeals go to the Circuit Court in Conway.

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The Government and Justice Center and other court buildings

Most felony court business in Horry County takes place at the Government and Justice Center, 1301 Second Avenue in Conway. The building houses the General Sessions and Common Pleas courtrooms, the Family Court, the Clerk of Court's office and county administrative offices. Arraignments, plea hearings and jury trials in General Sessions are all held there, and the Clerk's criminal division keeps the indictments, release orders and sentencing sheets.

Bond court is not held at the Justice Center. For most arrests it happens at the J. Reuben Long Detention Center, sometimes by video from the jail to the magistrate's courtroom, and families who want to attend or speak should arrive early and bring identification. Magistrate jury trials and traffic court meet at the central magistrate office on Third Avenue, a short walk from the Justice Center.

Plan for security screening at every court building, and leave knives, pepper spray and other prohibited items at home. Parking near the Conway buildings can fill on trial days. Clerk staff cannot give legal advice but can confirm dates and courtrooms by phone at (843) 915-5080.

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What happens after an arrest in Horry County

  1. Arrest and transport. Officers from Horry County Police, the Sheriff's Office, the Myrtle Beach, North Myrtle Beach and Conway police, smaller town departments, the Highway Patrol or SLED take the person into custody. Some departments hold people briefly before transport.
  2. Booking. At the J. Reuben Long Detention Center, staff record identifying information, fingerprints and a photograph, inventory property and check for other warrants. Booking can take hours on busy summer weekends.
  3. Bond hearing. Within 24 hours, a Horry County magistrate holds a bond hearing. The judge reads the charges, sets the type and amount of bond and any conditions, and allows victims to be heard. Release can be on a personal recognizance bond, a cash bond, or a surety bond posted by a licensed bondsman. For murder and other charges carrying life or death, only a circuit judge can set release terms.
  4. Applying for a lawyer. The court gives detainees a chance to request appointed counsel, and the application goes to the Fifteenth Circuit Public Defender.
  5. Preliminary hearing. On a General Sessions charge, the defendant may request a preliminary hearing within 10 days of the bond hearing. A magistrate decides whether there is probable cause.
  6. Grand jury and General Sessions. The Solicitor seeks an indictment from the Horry County grand jury, and the case is placed on a General Sessions roster for plea or trial.

Summary-court charges skip the grand jury entirely and go to trial or plea in magistrate or municipal court. People released on bond must keep their address current with the court and appear at every date; missing court leads to a bench warrant and can mean losing the bond.

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The J. Reuben Long Detention Center

The J. Reuben Long Detention Center sits at 4150 J. Reuben Long Avenue in Conway. It is operated by the Horry County Sheriff's Office and holds both pretrial detainees and people serving shorter county sentences. Summer arrests from the beach towns can push its population up quickly.

  • Main line: (843) 915-5140 for custody status, release times and general questions.
  • Bond court: the on-site magistrate office, (843) 915-5145, can explain when a person's hearing will be held and how to post bond once it is set.
  • Mail, phones and visits: rules on mail, video visitation, deposits and phone accounts are set by the detention center and its contractors and change periodically; ask the facility before sending money or items.

A person held on a General Sessions charge stays at the detention center until bond is posted, the case ends, or a judge modifies release conditions. After a prison sentence, the person is transferred to the South Carolina Department of Corrections.

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The Fifteenth Circuit Public Defender in Horry County

Public defense in South Carolina is organized under the Commission on Indigent Defense, which funds a Circuit Public Defender in each judicial circuit. The Fifteenth Circuit Public Defender's Horry County office, (843) 915-5385, represents eligible adults in General Sessions and juveniles in Family Court, and its lawyers also appear in summary court when a defendant faces jail.

  • Applying: the application is made through the court, often at bond court or the first appearance, and asks about income, assets and household size.
  • Fee: state law provides for a $40 application fee, which the court can waive or reduce for people who cannot pay it.
  • Conflicts: when the office cannot take a case, for example because it represents a co-defendant, the court appoints a private attorney.

Anyone who can afford a lawyer may hire private counsel at any stage. Whatever the choice, it helps to have a lawyer before the preliminary hearing deadline, which falls 10 days after the bond hearing.

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The Solicitor, diversion programs and specialty courts

The elected Fifteenth Circuit Solicitor and a staff of assistant solicitors decide which charges to indict, what pleas to offer and which cases to divert. The office also runs a victim services unit that notifies victims of hearings, including bond hearings, and helps them take part.

Diversion programs

  • Pretrial intervention (PTI). Available to many first-time defendants charged with nonviolent offenses. Participants pay a fee, follow a supervised plan that may include restitution, classes and community service, and have the charge dismissed when they finish. Some charges, including many violent crimes and DUI, are excluded by law.
  • Alcohol education program (AEP). For certain alcohol-related summary offenses, such as underage possession, completion leads to dismissal.
  • Traffic education program (TEP). Eligible drivers can complete a class to have some traffic tickets dismissed rather than paying a conviction on their record.
  • Juvenile arbitration. First-time juvenile offenders can resolve some charges before a trained community volunteer instead of in Family Court.

Specialty courts

The Fifteenth Circuit has operated treatment-based courts, including a drug court, and Horry County has offered other problem-solving dockets such as mental health court. These programs combine supervision, treatment and frequent court check-ins in exchange for a reduced or dismissed charge. Eligibility, waiting lists and the programs themselves change, so a defense lawyer should ask the Solicitor's Office which programs are currently accepting participants.

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Misdemeanor (for example, shoplifting, a first DUI, third-degree assault and battery, trespassing)

Misdemeanor arrests in Horry County rise sharply in late spring and summer, when bike weeks, beach traffic and nightlife along Ocean Boulevard bring DUI, open-container, disorderly conduct and shoplifting charges. Many are written on tickets payable before the court date. A custodial arrest means a ride to the J. Reuben Long Detention Center in Conway for booking.

Release

The magistrate at bond court sets a personal recognizance, cash or surety bond within 24 hours. Out-of-state visitors are sometimes asked for a cash bond because they live far away, and the court may allow a bond to be forfeited as payment of the fine on some charges. For domestic violence, a no-contact order is standard.

Trial and representation

Police officers usually present their own cases in magistrate and city court, and the Solicitor's Office may prosecute DUI and domestic violence charges. A defendant facing possible jail who cannot afford a lawyer can apply for the Fifteenth Circuit Public Defender, (843) 915-5385; a $40 application fee may be required unless waived. The case can be tried before the judge or a six-member jury.

Penalties

  • Shoplifting of $2,000 or less: up to 30 days in jail or a fine; repeat offenses climb toward felony levels.
  • Third-degree assault and battery: at most 30 days and $500.
  • Trespassing: at most 30 days and $200.
  • First DUI: for a blood alcohol level under .10, 48 hours to 30 days in jail (or 48 hours of public service), a $400 fine before assessments, a six-month license suspension with an ignition interlock option, and ADSAP. At .10 to .16, and at .16 or higher, minimum jail and fines go up. Refusing the breath test carries a separate administrative suspension, and out-of-state drivers can see the suspension reported to their home state.

Horry County summary cases close through dismissal, conditional discharge, PTI, the alcohol education program, fines, probation or jail. Some outcomes can later be expunged. Most are finished within one to three months, though jury-trial requests can stretch that.

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Felony (for example, burglary, grand larceny, drug distribution, first-degree assault and battery)

Horry County carries one of the larger General Sessions dockets in South Carolina. Felony cases are charged on a magistrate's warrant, prosecuted by the Fifteenth Circuit Solicitor and heard at the Government and Justice Center in Conway, where General Sessions sits for much of the year.

Key stages

  1. Booking and release terms. After booking at the J. Reuben Long Detention Center, the accused appears at bond court within 24 hours. The magistrate sets bond and may add GPS monitoring, house arrest or no-contact orders.
  2. Preliminary hearing. The defense must request it within 10 days after the bond hearing. The magistrate decides only probable cause, but the hearing lets the defense hear the officer testify.
  3. Grand jury. The Horry County grand jury hears the Solicitor's evidence privately and votes on an indictment.
  4. Roster and pretrial work. Indicted cases go on the Solicitor's roster. Discovery, plea negotiations and motions proceed between appearances, and the case may be called several times before it ends.
  5. Plea or trial. Most felonies end with a plea. At trial, 12 jurors must reach a unanimous verdict.

Ranges for common felonies

  • Burglary, second degree: up to 10 years, or up to 15 years for the violent form; first-degree burglary of a dwelling carries 15 years to life.
  • Grand larceny: more than $2,000 but not more than $10,000, up to 5 years; over $10,000, up to 10.
  • Drug distribution: set by the drug, the quantity and prior convictions. Fentanyl and other trafficking cases carry mandatory minimum terms.
  • First-degree assault and battery: as much as 10 years; ABHAN, as much as 20.

South Carolina classifies felonies from A (up to 30 years) through F (up to 5 years), with some offenses carrying penalties set in their own statutes. A no-parole offense requires serving 85 percent before release. Prison terms are served with the Department of Corrections. First offenders may qualify for PTI or, in drug cases, treatment-based programs. Felony cases in Horry County commonly take one to two years.

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Violent felony (for example, murder, criminal sexual conduct, armed robbery)

A defendant charged with murder or any crime punishable by life or death cannot get bond from a magistrate. A circuit judge holds that hearing, sometimes weeks after arrest, and the person is held at the J. Reuben Long Detention Center in the meantime. Laws passed in 2023 and 2024 added requirements for people charged with violent offenses while out on bond for another charge. Horry County Police and SLED handle many homicide investigations.

  • Murder: 30 years to life without parole. Where the Solicitor seeks death, the jury chooses between death and life without parole; South Carolina resumed executions in 2024 by lethal injection, electrocution or firing squad.
  • Criminal sexual conduct, first degree: a maximum of 30 years in prison and placement on the sex-offender registry.
  • Armed robbery: 10 to 30 years under the no-parole 85 percent rule.

South Carolina's repeat-offender statute makes life without parole mandatory after a second "most serious" or third "serious" conviction. The state constitution's Victims' Bill of Rights guarantees victims notice, presence and a voice at bond, plea and sentencing, and the Solicitor's victim advocates help them use those rights. Violent felony cases in Horry County frequently last one to three years, and capital cases longer.

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Juveniles (under 18) arrested in Horry County

Children under 18 who are charged with crimes in Horry County go before the Family Court at the Government and Justice Center in Conway. Since the 2019 "raise the age" law, 17-year-olds are generally in Family Court as well, with exceptions for certain serious charges.

Intake and the Solicitor

A Department of Juvenile Justice intake officer in the Horry County office reviews each referral, meets with the youth and parents and makes a recommendation to the Fifteenth Circuit Solicitor. The Solicitor may dismiss the case, send it to juvenile arbitration or another diversion program, or file a delinquency petition.

Detention

Youths who cannot be released to a parent are typically held at DJJ's Juvenile Detention Center in Columbia, a long drive from the coast, rather than in the adult jail. A Family Court judge must hold a detention hearing, usually within 48 hours of custody, not counting weekends and holidays, and can order release with conditions such as house arrest or electronic monitoring.

Possible outcomes

  • Probation, restitution, counseling, community service or a supervised program.
  • Commitment to DJJ for a determinate term, or an indeterminate commitment that can last until the 22nd birthday.
  • Waiver to General Sessions: for an older juvenile, generally 14 or older, charged with a serious felony, the Solicitor can ask Family Court to transfer the case to adult court after a hearing.

Juvenile proceedings are confidential and many records can later be expunged. Youths who qualify are represented by the Public Defender's Horry County office, (843) 915-5385.

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Federal cases (U.S. District Court) from Horry County

Federal charges from Horry County belong to the Florence Division of South Carolina's federal district court, and they are heard in Florence, roughly 65 miles inland from Conway. Florence has its own Clerk's Office, U.S. Attorney's office and Federal Public Defender office, all at 401 West Evans Street.

  • McMillan Federal Building and courthouse — 401 West Evans Street in Florence (ZIP 29501), with the Clerk's Office at (843) 676-3820
  • U.S. Attorney's Office, Florence — McMillan Federal Building, 401 West Evans Street, Room 222, Florence, SC 29501, (843) 665-6688
  • Federal Public Defender, Florence — 401 West Evans Street, Room 221, Florence, SC 29501, (843) 662-1510

What makes a Grand Strand case federal

Federal prosecutors take cases that violate federal law and are investigated or referred by agencies such as the FBI, DEA, ATF, Homeland Security Investigations or the Secret Service. In Horry County that often means drug trafficking networks, felons with firearms, counterfeit currency and card fraud, online child exploitation, and crimes on federal property. Some cases begin with local police and are later adopted by the U.S. Attorney because federal penalties are stiffer.

Before trial

The first stop is a U.S. magistrate judge in Florence for an initial appearance, where the defendant learns the charges and receives appointed counsel if eligible. There are no bail bondsmen in the federal system. If the government moves for detention, a hearing follows, usually within three court days, and the judge applies the Bail Reform Act to either set release conditions supervised by U.S. Pretrial Services or order the person detained. When a complaint started the case, a grand jury indictment must come within 30 days of arrest, and the Speedy Trial Act sets a 70-day trial clock from indictment that judges often extend.

Resolution and sentencing

Most defendants plead guilty, usually under a written plea agreement. A jury trial requires a unanimous verdict from 12 jurors. U.S. Probation prepares a presentence report, the judge applies the advisory Sentencing Guidelines, and mandatory minimums set a floor for many drug and gun crimes. Federal sentences carry no parole; with good-conduct credit, prisoners serve about 85 percent in the Bureau of Prisons and then a term of supervised release. Appeals are taken to the U.S. Court of Appeals for the Fourth Circuit.

Finding someone in federal custody

Families can search the Federal Bureau of Prisons inmate locator by name or register number. A federal defendant held before trial in a county jail under a U.S. Marshals contract may also appear on that jail's own inmate roster. Defendants under 18 are rarely prosecuted federally.

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This Horry County guide outlines the usual path of a criminal case and is not legal advice; schedules, office locations and programs in Conway and along the Grand Strand change over time. If you have been charged here, consult a defense attorney or call the Fifteenth Circuit Public Defender's Horry County office at (843) 915-5385, and confirm every court date with the clerk.

Criminal Court Process for Horry County South Carolina

Horry County South Carolina Criminal Court System – Definitions

It might be helpful to define some words that will be used on this site, when explaining the South Carolina Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.

If you scroll down below this content, and the listing of the courts in Horry County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.

Arrest is when South Carolina, Horry County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed. 

In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Horry County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.

Booking is when the Horry County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.

The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of South Carolina, Horry County or a city or town.  The prosecuting attorney for Horry County or the district is called the Solicitor.  A U.S. Attorney prosecutes federal cases.  

Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case.  For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case.  If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.  

Jurisdiction varies from state to state and sometimes county to county.

Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.

Bail is money paid that is held by the Horry County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the Horry County Jail until their trial.  

Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.

A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the {county extended} or municipal court sets bail. Judges in South Carolina rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.

A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court.  Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance.  

Cash percentage in lieu of bonds.  If the bond order permits, the defendant pays a percentage of the amount, (usually 10%) to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.

Surety Bond is when defendant pays a percentage of the bond amount (usually 10%) to a professional bondsman or bail bond company licensed to do business in South Carolina, {county extended}. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than South Carolina.

A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted).  Usually, the property must be in Horry County, and it must be worth at least the amount of the bond.

Transfer bond which is transferable across state lines but generally a bond company will only assume the loan to adjoining states.

It is always important to have family involvement after being arrested.  Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.  

(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information.  A bondsman will not call asking for money without involvement of the arrested.)

A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.

If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.

South Carolina indigent services are supported by 50% of state money and 50% by the local governments. Municipal courts must provide their own funding for indigent representation as the state does not fund these courts.  Find further information about the South Carolina Commission on Indigent Defense at this website.

For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. . The attached link has a list of pro bono organizations in South Carolina.

Many courts will provide forms and help for people who want to represent themselves, called pro se.  Here is a link for legal self-help in South Carolina.

A district court can refer to the first level of the legal system, or a minor court. District courts are in the community.  A district court can also refer to a U.S. Federal District Court that hears federal cases. There is one U.S. federal district court in South Carolina, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.

Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered.  This information does not include conversations between the arrested and their attorney.

Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings.  A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment.  The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty.  There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.  

Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial.  If a jury is selected, it is called a jury trial.  If the defendant is found not guilty, they are released.  If they are found to be guilty, the next step is sentencing.

Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.

Appeal is asking for a higher court to hear the case again at an appellate court.  If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.

South Carolina Felony vs Misdemeanor

A misdemeanor crime in South Carolina is a crime that has a penalty such as fines, probation, community service or up to one year in a county jail.  Common misdemeanor offenses include petty theft, simple assault, trespassing, some drug offenses or harassment. Misdemeanors in South Carolina are classified as:

  • Class A: up to 3 years in jail,
  • Class B: up to 2 years in jail, and
  • Class C: up to one year in jail.  
  • Unclassified misdemeanors are for any other crime with punishment of less than one year in jail.

A felony crime in South Carolina is a more serious crime than a misdemeanor and can be punished with more significant fines and jail time.  Felony crimes can be murder, rape, theft,
aggravated assault, drug trafficking, kidnapping and identity theft.

Felonies in South Carolina are classified from:

  • Class A: up to 30 years in state prison,
  • Class B: up to 25 years in state prison,
  • Class C: up to 20 years in state prison,
  • Class D: up to 15 years in state prison,
  • Class E: up to 10 years in state prison,
  • Class F: up to five years in state prison.
  • Violent crimes and murder are not classified felonies and can be punished by up to life in prison or the death penalty.

The Horry County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.

A warrant is used to get someone to appear in court or to law enforcement.  There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime. 

A criminal summons is issued to request that a person appear in court at a particular time and date.  It does not involve an arrest.  A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.

A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.

Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Horry County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest.  It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket. 

South Carolina Criminal Court System - How it Works

In South Carolina, an arrested person would most likely be brought to a magistrate court or municipal court for arraignment, also called summary courts. Prosecution of misdemeanor traffic and some criminal violations in the summary courts may be made by the arresting officer.  Summary courts can conduct trials for traffic violations, domestic violence and third offense driving under suspension and forgery. If the arrested is detained, it will be in a local county jail or detention center.  

The magistrate courts conduct arraignments, set bail, conduct preliminary hearings and issue arrest and search warrants.  The magistrate court can hold trial for criminal cases where there is a penalty or fine of $500 or less or imprisonment of 30 days or less or both fine and imprisonment. Magistrate judges may hear criminal cases transferred from General Sessions Court if the penalty does not exceed one year imprisonment or a fine of $5,500, or both.  A magistrate court judge in South Carolina does not have to be an attorney.

Municipal court in South Carolina hears only criminal cases within its jurisdiction.  In some counties, a municipality (town) might not have its own municipal court and decide to use the magistrate court instead and some might use the magistrate judge to serve at the municipal court.

Municipal courts can conduct trials on cases where local city or town laws are broken and if the maximum punishment would be 30 days in jail and/or a fine of up to $500.  Like the magistrate court, if the defendant agrees, the General Sessions Court Solicitor can transfer a case to municipal court if the penalty does not exceed one year in jail and/or a fine of $5500.

Circuit courts are divided into the Court of Common Pleas for civil matters and the Court of General Sessions for criminal cases.

The Court of General Sessions can prosecute and hold trials for misdemeanor and felony cases. The Court of General Sessions can hear appeals from the magistrate and municipal courts. This court does not conduct arraignments but will try cases that were arraigned and referred from the magistrate and municipal courts.  

The Family Court handles all juvenile cases for individuals over the age of 17.  If the offense of the minor is a traffic or boating related offense, the case might be shared with the municipal or magistrate courts. The following website provide more information on juvenile services.

Which court to attend in South Carolina can be confusing.  It is always recommended to check the arresting officer, attorney or solicitor’s office for instructions of when and where to appear in court.

The South Carolina Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The South Carolina State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.  

The criminal cases are usually referred from the district courts of appeal.

Specialty courts or problem-solving courts are being adopted in many states to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. Most South Carolina courts provide Treatment and/or Drug Courts.

FEDERAL COURT

Federal Court deals with crimes involving violations of United States laws.  Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.  

Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime. 

There are some differences in the Federal court system as compared to the South Carolina state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).  

Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.

There is one U.S. Federal Judicial District in South Carolina.

Courts

HORRY COUNTY BOND COURT
4150 J REUBEN LONG AVE
CONWAY SC, 29526
843-915-5145
HORRY COUNTY FAMILY COURT
1301 2ND AVE
CONWAY SC, 29526
843-915-5080
CONWAY MUNICIPAL COURT
1001 3RD AVE # 101
CONWAY SC, 29526
843-248-1765
SURFSIDE TOWN CLERK OF COURT
115 HIGHWAY 17 N
SURFSIDE BEACH SC, 29575
843-913-6337
MYRTLE BEACH MUNICIPAL COURT
1101 N OAK ST
MYRTLE BEACH SC, 29577
843-918-1356
NORTH MYRTLE BEACH MUNI COURT
1015 2ND AVE S # 201
NORTH MYRTLE BCH SC, 29582
843-280-5520

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