South Carolina Criminal Defense Attorneys

At DearLegal, we connect you with experienced South Carolina criminal defense attorneys who navigate the General Sessions Court, Magistrate Court, Pretrial Intervention (PTI), the state’s active death penalty framework, and the Three Strikes life-without-parole statute. Whether your case is in Charleston, Greenville, Columbia, Myrtle Beach, Spartanburg, Rock Hill, or anywhere across South Carolina, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. SLED (South Carolina Law Enforcement Division), South Carolina Highway Patrol, and local departments use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and S.C. Const. Art. I, § 12 right against self-incrimination.

Yes. South Carolina Class A misdemeanors carry up to 3 years and $5,000 fines. Magistrate court misdemeanors (under 30 days, under $500 fine) still carry collateral consequences. PTI under § 17-22-50 — completion leads to dismissal and expungement — is a first-offender lifeline. DV (Criminal Domestic Violence, § 16-25-20) and DUI convictions trigger major collateral consequences.

State cases go through Court of General Sessions (felonies, Class A misdemeanors) or Magistrate Court (lesser misdemeanors). Federal cases go to U.S. District Court for the District of South Carolina (Charleston, Columbia, Florence, Greenville, Anderson) under the U.S. Sentencing Guidelines. Federal cases commonly involve drug trafficking (I-95 corridor), § 922(g) firearm cases, wire fraud, and Mann Act / human trafficking cases.

South Carolina plea agreements are negotiated between the solicitor (district prosecutor) and defense, with court approval. Pleas can include charge reductions, PTI (§ 17-22-50 — pretrial diversion ending in dismissal), Youthful Offender Act sentence (§ 24-19-10), drug court entry, conditional discharge for first-offense drug (§ 44-53-450), and stipulated sentence recommendations.

South Carolina expungement is narrower than most states. § 17-22-910 et seq. allows expungement for PTI completion, first-offense fraudulent check, conditional discharge completion (drug), and certain Youthful Offender Act dispositions. Most adult convictions cannot be expunged. The Expungement Reform Act of 2018 expanded some eligibility but South Carolina remains restrictive.

South Carolina handles juveniles under 17 in Family Court Juvenile Division under § 63-19-10 et seq. Juvenile records confidential. Expungement of juvenile records under § 63-19-2050. Waiver to adult court for 14+ for certain serious offenses under § 63-19-1210; some offenses excluded from juvenile jurisdiction (Class A, B, C, D felonies for 16+).

South Carolina DUI under § 56-5-2930: BAC .08+ adult, .02 under 21, .04 CDL. First offense .08-.099: $400 fine plus assessments, 48 hours to 30 days jail or community service. First offense .15+: enhanced penalties. Implied consent under § 56-5-2950 — refusal triggers 6-month administrative license suspension. Felony DUI causing GBH (§ 56-5-2945). IID required for many offenses.

Why Do You Need a Criminal Defense Attorney in South Carolina?

South Carolina classifies crimes under S.C. Code Title 16. Felonies are Class A-F (Class A up to 30 years; Class B-F by statute), misdemeanors are Class A-C (Class A up to 3 years). Murder carries 30-to-life or death (§ 16-3-20) — South Carolina retains an active death penalty and recently resumed executions (firing squad authorized 2021, used 2024). South Carolina is one of a small number of states with no general statute of limitations for criminal prosecutions — most charges can be brought at any time. Marijuana remains criminalized (no medical or recreational); simple possession (28g or less) is a misdemeanor up to 30 days first offense (§ 44-53-370). South Carolina’s Three Strikes (§ 17-25-45) imposes mandatory life without parole for a third serious or violent felony conviction. Pretrial Intervention (PTI) under § 17-22-50 is the primary first-offender diversion — completion leads to dismissal and expungement (§ 17-22-910). Expungement under § 17-22-150 et seq. is significantly narrower than most states. South Carolina solicitors (district prosecutors) have wide charging discretion.

When Do You Need a Criminal Defense Attorney in South Carolina?

Our network includes South Carolina criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in South Carolina

From the moment you connect with a South Carolina criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to SLED, SCHP, Charleston PD, or any South Carolina officer without an attorney

Consenting to a search when S.C. Const. Art. I, § 10 may require a warrant

Missing a South Carolina court date — bench warrants and bond forfeiture follow

Posting about the case on social media — South Carolina solicitors subpoena platforms aggressively

Deleting messages or photos from your phone — Obstruction of Justice (§ 16-9-340) is a felony

Accepting the solicitor’s first plea offer without exploring PTI, Youthful Offender Act, conditional discharge, drug court, or charge reduction

Talking to SLED, SCHP, Charleston PD, or any South Carolina officer without an attorney

Consenting to a search when S.C. Const. Art. I, § 10 may require a warrant

Missing a South Carolina court date — bench warrants and bond forfeiture follow

Posting about the case on social media — South Carolina solicitors subpoena platforms aggressively

Deleting messages or photos from your phone — Obstruction of Justice (§ 16-9-340) is a felony

Accepting the solicitor’s first plea offer without exploring PTI, Youthful Offender Act, conditional discharge, drug court, or charge reduction

Common South Carolina Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do South Carolina Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in South Carolina work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under S.C. R. Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases use hourly billing. The South Carolina Commission on Indigent Defense and circuit public defender offices represent indigent defendants.

What Can Your South Carolina Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, motion to quash indictment, solicitor nolle prosequi, or speedy trial dismissal.

Charge Reduction

Reduction from felony to misdemeanor, from violent to non-violent (avoiding Three Strikes), removal of mandatory minimum allegations.

PTI / Diversion / Conditional Discharge

Pretrial Intervention under § 17-22-50 — first-offender diversion, completion = dismissal and expungement (§ 17-22-910). Conditional Discharge for first-offense drug (§ 44-53-450). Drug court, mental health court, veterans court. Youthful Offender Act (§ 24-19-10) for 17-24 year olds.

Plea Agreement

Negotiated resolution with the solicitor. Includes charge reductions, dismissed counts, recommended sentences, and probation in lieu of incarceration.

Trial Acquittal

Not guilty verdict by South Carolina jury or judge. South Carolina criminal juries are 12 for General Sessions, 6 for Magistrate Court, and must be unanimous (S.C. Const. Art. V, § 22).

Post-Conviction Relief

South Carolina PCR under § 17-27-10 et seq. — 1-year filing window from finality. Includes IAC, newly discovered evidence, illegal sentence, constitutional violations. Successor petitions restricted.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

South Carolina Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in South Carolina?

When Do You Need a Criminal Defense Attorney in South Carolina?

Types of Criminal Defense Cases in South Carolina

Common South Carolina Criminal Defense Mistakes

How Much Do South Carolina Criminal Defense Attorneys Cost?

What Can Your South Carolina Criminal Defense Compensation Include?

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