Being charged with a felony offense in South Carolina brings a series of unfamiliar court dates and terms, from General Sessions Court to the Initial Appearance and the Bond Returnable date.
Greg McCollum breaks down what each of these steps means, where they take place, and what happens if a person misses one. Understanding this process can help someone facing charges in Horry County know what to expect at each stage.
Frequently Asked Questions
Who is prosecuted in the General Sessions Court and where is it?
General Sessions Court is a term in South Carolina that refers to the circuit court, or the felony trial court level. Some misdemeanors are handled there too, cases that carry over 30 days in jail, potentially, or usually a year or more, along with the felony cases. General Sessions Court is just the name of the court.
The courthouse is located in Conway, South Carolina, which is the county seat for Horry County, so that’s the Myrtle Beach area. The cases that go to that court are the more serious cases, as opposed to things that would appear in the summary or magistrate’s court. It’s a serious court to be in. It’s very important. If a person fails to appear, a bench warrant or an arrest warrant for the person’s arrest will be issued.
Usually, bonds are set in that court and they’re higher. Sometimes people are required to get a bonding company to get out. It’s the circuit court level, the felony trial court level, where all serious cases are handled.
What is going to happen at my Initial Appearance Court date?
Many times, people ask what an Initial Appearance is. In South Carolina, when an individual is arrested and charged with a General Sessions offense, or felony offense, a serious offense, they are given two so-called court dates. The first court date is called an Initial Appearance.
An Initial Appearance usually comes up several weeks after the person is released on bond and it creates a lot of confusion for some people. The Initial Appearance is really an appearance in Circuit Court in Conway, but there’s no judge present. In other words, you’re not going to be arraigned, you’re not going to appear in front of a judge, or anything like that.
You simply go to the courthouse and the prosecutor calls your name and asks you who your lawyer is. If you don’t have a lawyer, then they recommend that you get a lawyer, or they ask you to apply for the Public Defender.
If you do not appear for your Initial Appearance, then you’ve violated the conditions of your bond, and so an arrest warrant, called a Bench Warrant, is issued for your arrest, because now you’re considered a flight risk.
What is going to happen at my Bond Returnable Court date?
In addition to the Initial Appearance court date, people also ask what’s going to happen at the Bond Returnable date, and sometimes it’s called the Docket Appearance, it has different names. Essentially, when a person is released from jail on a Circuit Court or General Sessions offense, they’re given these so-called court dates.
The Initial Appearance is one where they just make sure you have a lawyer. The second appearance, which usually is about four months after you’re released from jail on bond, is called the Docket Appearance or Bond Returnable date. There again, it’s not an arraignment, it’s not in front of a judge.
The prosecutors are there; usually there are several hundred people who appear with their lawyers. If you do not go to that, then a Bench Warrant is issued for your arrest because you’re considered a flight risk and you’ve violated the terms of your bond. But when you go there, it’s usually just a plea-bargaining step where they give you a plea offer.
In some cases which are more serious, they don’t even do that. People think that they’re going to appear in front of the judge that day, but that’s not true. It’s just an administrative step that the prosecutor’s office in this jurisdiction has instituted in order to try to move the cases along.
Facing a General Sessions charge in South Carolina, particularly in Horry County, can be an overwhelming experience filled with unfamiliar court dates and procedures. With roughly 30 years of experience and a background as a former prosecutor, Greg McCollum brings a detailed understanding of how the Horry County court system works from both sides of the courtroom. That perspective can help a person understand what to expect at each stage of the General Sessions process, from the Initial Appearance through the Bond Returnable date.
If you have questions about the General Sessions Court process in South Carolina, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
