Bench Warrants in SC — How They Work, What to Do If You Have One

When you’re arrested, one of your first questions is probably: How do I get out of jail? This four-part series breaks down what happens after an arrest — starting with the basics of bail (or what we call bond here in SC).

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What Is a Bench Warrant?

A bench warrant is issued by a judge when you fail to show up for a scheduled court date. It doesn’t matter why you missed — once it’s issued, it becomes an active warrant for your arrest.

That means if law enforcement stops you for any reason, runs your name, or comes to your home, you can be arrested on the spot.

Can You Post Bond on a Bench Warrant?

In most cases, no. Once a bench warrant is active, you typically can’t just bond out. You’ll be taken into custody and held until:

• Your case is resolved by plea or trial, or

• A motion to lift the bench warrant is filed and granted by a judge

This can take time — and you’ll remain in jail until that happens.

How to Get a Bench Warrant Lifted

The only way to get back in front of a judge is by having an attorney file a motion to lift the bench warrant. This motion asks the court to schedule a hearing and gives you the opportunity to explain why you missed your original court date.

If the judge believes you had a valid reason — like a documented medical emergency, hospitalization, or being in custody in another county — they may agree to lift the warrant and allow your case to move forward.

But you won’t get that chance unless someone formally files the motion and puts it on the court’s radar.

What to Do If You Think You Have a Warrant

• Don’t ignore it. The longer it lingers, the worse it can get.

• Talk to an attorney. Even if you’re not sure, a lawyer can check the court docket and confirm your status.

• Update your contact info. Many missed court dates happen because people don’t know they have one. Keep your info current with your attorney, bondsman, and the court.

Best Advice? Avoid the Warrant in the First Place

It sounds simple, but it matters: show up to court, keep track of your dates, and stay in communication. So many bench warrants happen not out of malice, but because someone moved, changed their number, or didn’t realize they were supposed to be in court that day.

Missing a court date — even accidentally — can make your case harder, slower, and more expensive to resolve.

Have a Bench Warrant in Georgetown, Horry, or Charleston County?

Erin Bailey Law handles bench warrant cases across the Lowcountry. Whether you’ve already been arrested or just found out there’s a warrant in your name, we can help you take the next right step.

Contact our criminal defense team today to find out your options and get back in front of the court.