Legal Question in Criminal Law in South Carolina

Bench Warrants

In 1999, my daughter was informed of a dishonored check. She was told that she had 30 days to make the check honorable. The magistrate told us all she would have to pay was the amount of the check and the service fee. About a week in the 30 noticed she made to check good and paid the fees for the returned check. 2005 she was arrested on a bench warrant pertaing to the check. A warrant was never issued to her. Thursday night, October 7, 2005 she was served with a bench warrant, the officer never showed her the warrant or read her her rights. To get her out of jail, i paid had to pay 324.00, which we were told was for court costs, yet she never had a semmons to ever go to court. When she was released from the jail, the jail didn't even have the warrant. They gave her no papers except for the receipt where I paid 324.00. How could they get court cost and arrest on a bench warrant we never knew existed from 1999, and why they have the right to wait 6 years? Please explain this to me. Thank you for your time.

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Asked on 10/09/05, 11:21 pm

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

Re: Bench Warrants

I can't explain it to you. Obviously there has been some sort of a mistake. The important thing to be concerned about now is whether it is over or not. Was she given any papers in jail notifying her of court? Also, do you folks have proof that you paid the check and service fee from 1999?

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Answered on 10/10/05, 7:18 am


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