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Your Conway Criminal Defense Attorney
If you or someone you care about is facing a charge in Conway, you are probably looking for straight answers more than legal theory. South Carolina sets out how charges are graded, how long the state has to bring them, and how a record can later be cleared, so many of those answers can be checked. Keep reading for the grading system, straight answers on DUI, drug, assault, and theft charges, which court hears a case, and how a record can later be cleared. A local attorney who handles Horry County cases can tell you which of these rules apply to your situation.
The Short Answers: Grading, Deadlines, and Records
- Felony or misdemeanor? South Carolina classifies offenses under felony classes A through F; misdemeanor classes A through C (S.C. Code 16-1-20, 16-1-90), which sets the outer limits on the sentence.
- Time limit to bring most charges: no statute of limitations for a criminal prosecution, felony or misdemeanor ().
- Speedy trial: no statutory or court-rule deadline; the constitutional right is analyzed case by case (S.C. Const. art. I).
- Can this come off my record? South Carolina law provides for expungement (S.C. Code 17-22-910 and following sections), with eligibility rules that depend on the offense.
The Grading System Behind Your South Carolina Charge
South Carolina sorts crimes using felony classes A through F; misdemeanor classes A through C, under S.C. Code 16-1-20, 16-1-90. Knowing which class or degree a charge falls into is the quickest way to understand the range of penalties a court can impose, though the exact sentence for any one charge depends on the statute defining that offense and the facts of the case.
In practice, the grade of a charge affects more than the maximum sentence: it can decide whether the case is handled in a lower or higher court, whether a jury trial is available, and what a conviction later shows on a background check.
Because the exact penalty depends on the specific statute charged, an attorney who reviews the charging document can identify exactly what is at stake in a particular case.
Constitutional Rights That Apply in Conway
A few rights do not depend on which state the charge is in. Under Miranda v. Arizona, 384 U.S. 436 (1966), police must warn a suspect in custody of the right to remain silent and the right to counsel, and under Gideon v. Wainwright, 372 U.S. 335 (1963), the state must provide a lawyer to someone who cannot afford one.
A defendant also has a Sixth Amendment right to a jury trial for serious charges and is presumed innocent unless the prosecution proves guilt beyond a reasonable doubt, the standard confirmed in In re Winship, 397 U.S. 358 (1970).
If convicted, a defendant generally has the right to appeal, and the right to remain silent is not limited to the moment of arrest; it continues throughout the proceedings.
When Do the Clocks Run in a South Carolina Case?
South Carolina requires that a prosecution begin within the following period: no statute of limitations for a criminal prosecution, felony or misdemeanor ().
On trial timing, no statutory or court-rule deadline; the constitutional right is analyzed case by case (S.C. Const. art. I).
An attorney can confirm exactly which dates matter in a specific case, since getting them right can affect whether a case may go forward at all.
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Which Court Handles a Conway Criminal Case?
South Carolina splits jurisdiction by the seriousness of the charge: the Court of General Sessions (Circuit Court) hears felonies, and magistrate court (minor offenses) or the Court of General Sessions, depending on the maximum penalty generally hears misdemeanors. For Conway, that means Horry County.
The usual sequence is an initial appearance and bail decision soon after arrest, a preliminary hearing or grand jury proceeding, and then pretrial motions and trial if the case is not otherwise resolved.
The Charges Behind Most Calls From Conway
Facing a DUI Charge in Conway
South Carolina’s impaired-driving law sets its own thresholds and penalty structure for a DUI charge, and prior offenses typically increase what is at stake. The specific numbers that apply to a given charge come from the statute cited in the charging document, not a general rule.
Refusing a chemical test can carry its own separate consequences under South Carolina’s implied-consent law, apart from the DUI charge itself.
Regardless of the specific charge, a case generally moves through an initial appearance, a bail determination, and a preliminary hearing or grand jury review before trial.
What Drug Charges Involve in South Carolina
Under South Carolina law, possessing a controlled substance is treated very differently from manufacturing or distributing one, and the schedule of the substance matters as well. An attorney can identify the exact charge and its range from the statute cited.
A prior drug conviction can raise the penalty range for a new charge under South Carolina’s repeat-offender provisions.
Regardless of the specific charge, a case generally moves through an initial appearance, a bail determination, and a preliminary hearing or grand jury review before trial.
Facing an Assault Charge in Conway
The line between a lower-level and a more serious assault charge in South Carolina usually turns on factors such as the degree of injury, the use of a weapon, or who the alleged victim was. The exact grading comes from the statute cited in the charging document.
Protective orders are sometimes sought alongside an assault charge and follow their own separate procedure in South Carolina.
Whatever the charge, the same general process applies: an initial appearance, a decision on bail or pretrial release, and either a preliminary hearing or a grand jury proceeding before the case can go to trial.
Facing a Theft Charge in Conway
The value of what was taken is generally the main factor in how South Carolina grades a theft charge, moving it between misdemeanor and felony levels. The specific thresholds are set out in the statute defining the offense.
Restitution to the alleged victim is commonly part of the outcome in a theft case, in addition to any criminal penalty.
Whatever the charge, the same general process applies: an initial appearance, a decision on bail or pretrial release, and either a preliminary hearing or a grand jury proceeding before the case can go to trial.
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Can I Get This Expunged in South Carolina?
Under S.C. Code 17-22-910 and following sections, South Carolina allows expungement. Not every offense or outcome qualifies, and the waiting period, where one applies, depends on the specific offense. administered by the circuit solicitor’s office; eligibility depends on the specific offense
Employers, landlords, and licensing boards often ask about criminal history, so a cleared or sealed record can make a real difference on those applications.
Because eligibility depends on the exact offense and how the case was resolved, an attorney should review the record before assuming a particular outcome.
A Note on Conway and the Local Courts
A charge from Conway is part of Horry County. Local practice, such as how quickly cases are scheduled, shapes how the general rules on this page play out, and a local attorney can describe what that looks like.
Looking beyond Conway? Our statewide South Carolina criminal defense page lists every city we cover. If your case involved another town in the area, see our pages for Myrtle Beach, Little River, and Marion. Hurt because of someone else’s carelessness rather than facing a charge? Read our Conway personal injury page.
Frequently Asked Questions
Where do I find the exact penalty for my charge?
The statute cited in the charging document sets the exact penalty range, so that document and an attorney’s review are the most reliable source.
Why do deadlines matter in a criminal case?
Deadlines affect whether a case can be brought at all, so the date of the alleged offense and the date charges were filed are both worth confirming early.
Does South Carolina have a speedy trial rule?
no statutory or court-rule deadline; the constitutional right is analyzed case by case (S.C. Const. art. I).
Where is my case filed?
A case from Conway is part of Horry County.
What is the difference between expungement and sealing?
The terms vary by state, but generally expungement removes a record while sealing or limited access restricts who can see it without removing it.
How does South Carolina handle a DUI charge?
South Carolina’s own impaired-driving statute sets the thresholds and penalties that apply; the exact numbers depend on that statute and the facts.
What should I do first if I am charged with a crime in Conway?
Write down what happened while it is fresh, avoid discussing the case with others, and talk to an attorney as soon as you can.
Talk to an Attorney About Your Conway Case
The rules on this page are the same across South Carolina, but what they mean for your case depends on the facts. Use the form to be matched with an attorney who can look at your charge.
