Facing a criminal charge? You are entitled to have an attorney represent you. Here’s how to get help.
Criminal charges can range from low-level misdemeanors (heard in magistrate court) to more serious misdemeanors and felonies (heard in General Sessions court). Some types of criminal cases are heard in Federal Court. Not only could you be facing jail time, there are are also collateral consequences that accompany many criminal convictions.
Hire and pay a private attorney.
The South Carolina Bar offers a Lawyer Referral Service to members of the public at no charge. You may call 1-800-868-2284 for a referral from 9 a.m. to 5 p.m., Monday through Friday. (If you’re in Richland or Lexington Counties, call 803-799-7100). An online referral service is also available 24/7.
The Lawyer Referral Service makes referrals by area of law, and where you’re located. Each participating lawyer agrees to charge no more than $50 for a 30-minute consultation. If the consultation lasts more than 30 minutes, or you hire the lawyer to represent you, the lawyer will charge their normal fee. These lawyers do not take cases pro bono.
Click below to visit the Lawyer Referral Service website.
Can’t afford a private attorney? One will be appointed to represent you.
Unlike in most civil legal cases, if you cannot afford to pay a private attorney to represent you in a criminal case, one will be appointed by the court to represent you. Most often this will be an attorney called a public defender - this simply means that the attorney provides representation at no cost to you.
To be screened for a public defender, contact the office in the county where your charge is pending. You will likely have to go to the office in person to be screened. There are income eligibility guidelines to determine whether or not you qualify for services, so be prepared to answer questions about your income.
Click the link below for a list of public defender offices by county.
Is your case federal?
The federal court system is completely separate from the state court system. If you are charged with a federal crime, and cannot afford an attorney to represent you, you can be screened for a federal public defender.
Click the link below for more information about the federal public defender offices in South Carolina, and how to be screened for an attorney.
Need help expunging your record?
If you already have a criminal conviction that you are interested in having expunged, the process can be daunting. The first step is figuring out whether or not your conviction is eligible for expungement. You’ll then need to contact the expungement office in the county where you were convicted, fill out an application, and (in most cases) pay a fee. By statute, expungement offices in South Carolina are within the solicitor’s office in each county.
Some dismissed charges may come off of your record automatically, but in some cases you’ll still need to fill out an application. You’ll also need to fill out an application even if you participated in a program that made the charge eligible for expungement, like PTI or Drug Court. It’s a good idea to check with your expungement office before you assume you don’t need to fill out an application.
Use the links below to help you get started.
SC Expungement Reference Guide - Appleseed Legal Justice Center
Expungement Guide - SC Center for Fathers and Families
Contact Information for Expungement Offices by County
What is a pardon?
If you have charges on your record that are not eligible for expungement, you may want to apply for a pardon. A pardon is the state’s forgiveness of a person for a previous crime. It does not remove the charge from your record, but notes that it is “pardoned.” A pardon also restores any civil rights you may have lost as a result of a conviction (such as being able to obtain a special job license or register to vote - see the section on collateral consequences below). Use these links to learn more about pardons, and how to apply for one.
Guide to Pardons in SC - Appleseed Legal Justice Center
Pardon Application - SC Department of Probation, Parole and Pardon Services
Collateral consequences.
Collateral consequences are things that happen or rights you may lose as a result of a criminal conviction. These things often mean that a criminal conviction follows you long after you complete your sentence.
Use the links below for more information about collateral consequence, and how to deal with them.
What you should know about applying for a job - Appleseed Legal Justice Center
Summary of collateral consequences and restoration of rights - Restoration of Rights Project
About firearms.
It is extremely important to remember that, under federal law, anyone convicted of a felony or any misdemeanor charge involving domestic violence is absolutely prohibited from possessing a firearm. Federal law defines a “felony” as any charge carrying a possible punishment of one year or more, even if the charge is considered a misdemeanor under state law. Make sure you talk to your attorney about how a conviction will affect your ability to own a firearm.
Re-entry resources.
Re-entering the community after serving a prison sentence is extremely difficult. You may have lost your job, your home, or eligibility for certain services during your time in prison. Fortunately, there are many resources available to help you make the transition.
Use the links below as a starting point for getting your life back on track.
Appleseed Legal Justice Center’s Apple Pages - full service resource list for South Carolinians dealing with addiction or other life changes.
Department of Corrections Re-entry Program (SVORI)
South Carolina Center for Fathers and Families
Soteria Community Development Corporation - Greenville, SC
