Being charged with a crime is stressful, and much of that stress comes from not knowing what happens next. This guide walks through how a criminal case in Sumter County typically moves from arrest to resolution, so you know what to expect at each stage.
Arrest and bond hearing
After an arrest, a person is usually brought before a magistrate for a bond hearing, generally within 24 hours. The judge sets the conditions of release. Bond can be a personal recognizance bond, a cash bond or a surety bond, and may include conditions such as no contact with an alleged victim. Anything said at a bond hearing can be used later, so it is best to let a lawyer speak for you.
Which court will hear the case
South Carolina divides criminal cases between two levels of court:
- Magistrate and municipal court (summary courts) hear lower-level offenses, generally those punishable by up to 30 days in jail or a $500 fine plus assessments, along with certain offenses the legislature has assigned to them, such as many first-offense DUI and driving-under-suspension charges.
- The Court of General Sessions hears felonies and more serious misdemeanors. In Sumter County, these cases are prosecuted by the Third Judicial Circuit Solicitor’s Office.
Knowing which court has the case shapes the strategy, the timeline and the possible outcomes.
Preliminary hearing
For charges headed to General Sessions, the accused may request a preliminary hearing, where a judge decides whether there is probable cause to support the charge. The request must be made within a short window after the bond hearing. Even when the charge goes forward, the hearing can lock in the officer’s testimony early.
Indictment and discovery
General Sessions cases proceed by grand jury indictment. Once a case is pending, the defense is entitled to discovery: police reports, statements, lab results, video and other evidence the State intends to use, as well as evidence favorable to the defense. Careful review of discovery is where many defenses are built, from unlawful stops and searches to problems with identification or testing.
Pretrial Intervention and other resolutions
Not every case goes to trial. Depending on the charge and record, options may include:
- Pretrial Intervention (PTI), a program run by the Solicitor’s Office for eligible first-time offenders that can lead to dismissal and expungement
- Dismissal for insufficient evidence or a constitutional violation
- A negotiated plea to a reduced charge or sentence
- Trial before a judge or jury
Expungement after the case
Charges that are dismissed, or that end in a not-guilty verdict, can generally be expunged. Some convictions are also eligible after a waiting period. An expungement removes the record from public view and can matter for jobs, housing and professional licenses.
Talk with a Sumter criminal defense attorney early
The earliest stages, before formal charges are finalized, are often when a lawyer can do the most. Attorney John S. Keffer has represented clients in Sumter County magistrate court and General Sessions since 1999. Read more about our criminal defense practice or request a consultation. Call (803) 774-1004.
Court information and case search tools are available through the South Carolina Judicial Branch.
Criminal Case FAQs
How long does a criminal case take in Sumter County?
A summary court criminal case may resolve in weeks or months. A General Sessions criminal case can take a year or more, depending on the charge, discovery and the court docket.
Do I have to go to court for every hearing?
Generally yes, unless your attorney is told otherwise. Missing a court date in a criminal case can lead to a bench warrant and bond problems.
Can a criminal case be dismissed?
Yes. A criminal case may be dismissed for insufficient evidence, a constitutional violation or after completion of a diversion program such as PTI.
This article is general information about South Carolina criminal procedure, not legal advice for your situation.
