Legal Question in Criminal Law in South Carolina

Bench warrant arrest

My friend, ''J'', was arrested on a bench warrant for not appearing in court in Oconee County, South Carolina. In this county, the solicitor's office mails a postcard to a defendant advising them of their scheduled court date. ''J'' didn't receive a card; however, they claim it was mailed and he just didn't show up. The solicitor's office posts court dockets on their website listing defendants' names and dates to appear. Keith's name does not appear on this list. Is there any legal recourse? His public defender is of no help. Keith is being charged with violation of previous probation.


Asked on 7/18/07, 12:41 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Bench warrant arrest

He is entitled to a hearing to decide if he must remain in jail. An attorney would file a Motion to Lift Bench Warrant and ask for a hearing date. Usually the judges are not too symphetic. However, if his name does not appear on the website then he may convince the judge that a mistake was made and have the warrant lifted. Hope this helps.

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Answered on 7/18/07, 12:55 am


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