Information Related to Your Arrest
in the Spartanburg County Detention Facility
TABLE OF CONTENTS
I. COURTS AND
THEIR JURISDICTIONS RELATED TO ARRESTS
- You have been arrested and charged with a criminal offense, and as a
result, the arresting officer has brought you to the Detention Facility (to
be referred to as the County jail throughout the remainder of this
information sheet) to:
- Appear before the magistrate (judge) who will explain your charges to
you and determine whether you are eligible for bail/bond in accordance
with applicable South Carolina law.
- To be held in custody pending:
- Release on bail/bond,
- Appearance in court,
- Serving a sentence of 90 days or less except Family Court Contempt
violations up to one (1) year,
- Awaiting transfer to another jail, prison, and/or other
- In order to be arrested, the officer has either personally detected
through one of his five senses that there was probable cause to believe
that you committed a violation of the law, and as a result, he/she
personally placed you under arrest based on his/her knowledge of the
facts. In this case, the arresting officer has either issued you a blue
copy of a Uniform Traffic Citation which is used as an arrest document
with your name, address, charge, court date, and other related
information, and/or he/she has appeared before a magistrate and signed an
arrest warrant setting forth the basis for your arrest of which you will
be provided a copy of the warrant.
- If the arresting officer did not personally witness and/or have
knowledge of the crime for which you were arrested, he/she should have
presented you with a copy of a warrant and/or court document which
authorized your arrest and detention. The following is a brief summary and
description of an arrest document.
- Arrest Warrant
- May have been signed by the arresting officer who had reason to
believe that a criminal offense was committed. Following your initial
arrest, the officer will then appear before a magistrate (judge) who
then based on a sworn affidavit will issue an arrest warrant.
- An arrest warrant may also be issued upon a sworn affidavit by a
victim and/or his/her representative (in cases involving businesses)
whereby the victim sets forth sufficient facts alleging that a crime has
been committed. In such cases, the arresting officer will provide you
with a copy of the warrant setting forth the alleged basis for your
arrest. The arresting officer may or may not have knowledge of the
- An arrest warrant may also be issued based on evidence that a crime
has been committed, and upon investigation, there is probable cause to
believe that you committed the criminal offense, and/or violated an
order of the court.
- Magistrate's Court Bench Warrant
A Magistrate's Court Bench Warrant can be issued authorizing your arrest
for one of the following conditions:
- Violation of a condition of release for a previous arrest,
- Violation of an order of the court,
- Failure to pay a fine and/or other order(s) of the court,
- Failure to appear for court
In such case, a release can only be made after the conditions of the
bench warrant have been met and/or by order of the court.
- General Sessions Bench Warrant
A General Sessions Bench Warrant is issued by the Clerk of Court and/or
a Circuit Judge for failure to appear in court, failure to pay court
ordered fines and/or restitution, and/or violations of conditions of
bail/bond and/or other court orders and conditions of release. If
arrested on this type warrant, you can only be released by the Circuit
- Family Court Bench Warrant
A Family Court Bench Warrant is issued by the Family Court for failure
to pay court ordered child support, other court ordered payments, and/or
violations of the Court's orders. If arrested on this type warrant, you
can only be released by order of the Family Court.
- Municipal Court Arrest Warrants and/or Bench Warrants
If charged with an offense that is triable in a municipal (city) court,
the municipal court judge has the same authority to issue arrest
warrants and bench warrants as a magistrate.
- Violations of other Court Orders
Violations of court orders as issued by the Probate Court, Master in
Equity Court, and/or the Court of Common Pleas (Civil Court) can result
in your arrest and detention. If arrested on any orders from these
courts, you cannot be released until you appear before the judge who
issued the warrant.
- Federal Offenses
If you are arrested and charged with a crime triable in federal court,
you cannot be released until your appearance before a federal judge.
Local magistrates and/or other judges have no jurisdiction over federal
offenses. As such, you will remain in jail pending your appearance
before a federal judge.
- Violations of Uniform Military Code (National Guard)
If you are in the National Guard, and you are found guilty of violating
the Uniform Code of Conduct, you may be committed to the county jail.
Only the presiding military judge can release you.
- Violation of Probation
If you are on probation and you fail to abide by the terms of your
probation and/or fail to follow your probation officer's instructions,
the probation office can issue an arrest warrant. If arrested on a
violation of probation warrant, you are entitled to have a bail/bond set
by a magistrate and if you can make the bail/bond, you can be released
pending a probation revocation hearing. Otherwise, you will remain in
jail pending the hearing.
- Violation of Parole
If you are on parole (released from prison under the supervision of the
probation and parole office), and you violate the terms of your parole,
an arrest warrant can be issued for your arrest. Upon entry into the
jail, you will appear before a magistrate who will explain your charges
to you. However, the magistrate does not have the authority to set
bail/bond for violations of parole, and you will remain in jail pending
a parole hearing unless bail/bond is authorized by a Circuit Court Judge
in the Court of General Sessions upon a petition of the court by you or
- Fugitive From Justice Arrest Warrants
In accordance with South Carolina state law, upon establishing that
there is probable cause that you are wanted by another jurisdiction in
another state, a law enforcement official may appear before a magistrate
and seek a Fugitive From Justice warrant for your arrest. Upon arrest,
you will be asked to sign a waiver to voluntarily return to the
requesting jurisdiction. If you sign the waiver, although you will
appear before the magistrate, he/she will not set a bail/bond, and you
will be held in jail pending transfer to the requesting authority.
However, should you not sign the waiver, the magistrate will determine
your eligibility for release on bail/bond pending a hearing for your
return to the requesting state. If you refuse to sign the waiver and/or
cannot make bail/bond, the requesting state has twenty (20) days to file
notice of intent to request extradition. If no paperwork is received in
the Governor's office within twenty (20) days, you may be released.
However, if the paperwork is received within twenty (20) days, you will
remain in custody pending a hearing in the Governor's office at which
time the Governor will determine whether you will be extradited by the
requesting authority. If the Governor approves your extradition, he will
issue a Governor's warrant allowing the requesting authority to pick you
III. BOOKING PROCEDURES
- Upon admission to the jail, officers will request you to empty your
pockets and conduct a "pat-down" search for weapons. These procedures are
performed for the following reasons:
- To protect the safety of officers and staff,
- To prevent weapons and contraband from entering the jail,
- To inventory and safely secure personal items to prevent false claims
of lost and/or damaged property,
- To reduce potential of property being stolen.
- Strip searches are not normally conducted upon initial entry except
where there is a probable belief that the individual has a weapon and/or
other contraband on his/her person based on the type offense, personal
observation of officers and staff, previous history, and/or other valid
reasons. Such searches are to be conducted, if justified, in private by
officers of the same sex, unless urgent exigent circumstances exist
whereby officer safety is threatened.
IV. TELEPHONE USAGE
Once the officer has conducted the initial "pat-down" search for weapons,
he/she may at that point continue the booking process by asking you a
series of questions and completing the necessary forms. These forms
include completing information about you, your address, employer, and
other pertinent information. A property inventory form listing your
property will be completed and a receipt will be given to you. In
addition, you will be asked questions about your medical condition
including the need for any medications. It is important that you answer
the questions and cooperate with the jail staff. Your money will be
inventoried and placed in your personal account. Money is not allowed in
the jail to help eliminate contraband and the buying and selling of
personal favors. Upon release, all property and monies will be returned to
you, excluding any items that you have released to outside friends or
relatives and/or monies that have been debited from your account.
If there are a number of individuals waiting to be processed, your items
will be secured in a yellow zippered bag and secured with a nylon tie
cord. You will be asked to sit in the "In-waiting" area until
your name is called. We ask that you:
- Not attempt to break the nylon tie cord and remove any property from
- Sit quietly and watch TV,
- Do not talk loudly and/or walk about.
- Males sit on the back row of seats and females on the front row of
seats. To prevent and reduce accusations, we ask that males and females do
not sit next to each other and/or communicate with each other.
- If you have to use the restroom, please get the staff's attention
quietly, and follow their instructions.
- Individuals who fail to cooperate, act disorderly, become loud, act
aggressively, and/or who fail to follow instructions will be asked to
leave the area and then placed in a secured holding cell.
- Upon completion of the initial booking process, the officer will place
an identification wrist band around your wrist. Due to the large number of
individuals in the jail, it is necessary to use the wrist bands to help
identify individuals to ensure that no one is improperly detained or
released, to help in the maintaining of order and security, and to help in
the delivery of medications or other services.
- You are asked not to remove or tamper with the wrist band while in the
custody of the jail. Individuals who tamper with the wrist band or destroy
it are subject to disciplinary action under the jail rules should they
remain in jail. Individuals who remove or tamper with their wrist bands
can also slow or delay their release pending verification of their
identity. You are asked to leave the wrist band intact until you have been
completely released from the jail and are outside of its confines.
- Fingerprints and Photographs
You will be photographed and fingerprinted each time you are arrested,
regardless of the number of times you are arrested. You are expected to
cooperate with the officers during this process.
- Personal Property
All personal property, excess clothing, monies, and medications will be
removed and stored until your release at which time they will be
returned to you. Should you remain in the jail, any monies that you may
have can be used to purchase items from the jail's commissary (canteen),
and should you elect to make purchases from the canteen, your account
will be so debited. Individuals outside the jail may deposit money into
your account at any time should they so desire. For specific information
on medications, see page 10 of this manual.
- Release of Property
You may release any property in your possession to anyone outside the
jail that you desire. Such release must have your signed authorization
and the person to receive the item(s) must have proper identification.
No property can be released, swapped, or otherwise given to another
person being detained in jail.
Upon completion of the booking process, you will be allowed access to a
telephone where you will have the opportunity to make a free local telephone
call to notify your family, friends, or attorney that you have been arrested.
After you have made this telephone call, all other telephone calls are to be
made collect from the telephone located in the "out-waiting" area. This is
necessary due to the fact that money is not allowed in the jail, the staff
does not have the ability to provide change, and depending upon the number of
individuals being processed, there is not sufficient time or staff to provide
access to other telephones. Do not ask to use the free telephone after you
were offered the opportunity to use it upon admission.
After you have used the telephone, you will be asked to sit in the
"out-waiting" area while you wait to make your initial appearance before
the magistrate (judge). You are asked to:
- Sit quietly and to act in an orderly manner.
- Do not put your feet in the chairs or throw them on the back and arms
of someone else's chair.
- Sit with your feet on the floor.
- Females are to sit on the front rows and males are to sit on the back
rows, filling the empty seats in between accordingly.
- You are asked not to turn around and talk to others seated behind you.
- You are asked not to sleep, lean against others seated next to you,
block the aisles with your legs or feet, and/or otherwise create an
unpleasant environment for others sitting around you.
- You are asked not to talk loudly, use profanity, and/or otherwise
cause problems for the staff or act in a disorderly manner.
- If you fail to follow the staff's instructions, you will be removed
from the waiting area and placed in a secure holding cell.
- Holding Cells - As a general rule, most individuals admitted to the
jail will be allowed to sit in the open seating area. However, nothing
precludes officers and staff from placing you in a secured holding cell
pending your bail/bond appearance, release, and/or transfer to a housing
unit and/or another jurisdiction. Holding cells can be utilized anytime to
help regulate behavior, for individuals awaiting transfer, for individuals
who are disruptive, under the influence, belligerent or uncooperative, to
separate co-defendants, enemies, etc.; to provide for safety and security,
for exigent reasons, and/or for any valid reason that would help the
officers and staff maintain order and the security of the jail.
- All inappropriate behavior will be reported to the magistrate and may
or may not be used by him/her to determine the conditions of your
If you take medications, you should alert the staff at the time that you
are processed into the jail. If you have the medications on your person,
they will be removed and properly secured. If you need them, they will be
given to you as ordered on the prescription label. The jail's staff has a
responsibility to help ensure your health. In the event that you have
medicines which are mixed together, not labeled properly, in out-of-date
prescription bottles, or issued as a prescription under someone else's
name, the medication may not be given to you until it can be confirmed
that the medication is approved for your use. In addition, should you be
under the influence of alcohol and/or other intoxicants, you will not be
given your medications until the medical staff can verify that providing
them to you will not further endanger your health or safety. These
procedures are necessary to help the jail staff maintain security and to
help protect your health and well-being. Should you remain in jail, the
medical staff will follow-up and ensure that you receive adequate and
reasonable attention to any health concerns that you may have following a
review and assessment of your medical needs.
VII. INITIAL APPEARANCE
BEFORE MAGISTRATE - BAIL PROCEEDINGS
VIII. BAIL/BOND HEARINGS
Everyone admitted to the jail will appear before a magistrate who will
explain to you the following:
- What criminal offense you have been accused of committing;
- What rights you have under the law;
- What penalties can be imposed;
- That you are entitled to a preliminary hearing to be held within
fifteen (15) days to determine whether probable cause exists to proceed to
trial (applies to General Sessions charges with a penalty of over 30 days
- What conditions you must meet to obtain release;
- What date you are to appear in court for trial.
- After informing you of the above, the magistrate will then ask a series
of questions to determine whether you can or cannot be released on
bail/bond and what conditions you must meet in order to be released. The
magistrate cannot release you on the following offenses and/or court
- General Sessions Bench Warrants
- Family court Bench Warrants
- Court orders from Probate Court and Master-in-Equity Court
- Federal charges
- Violation of Parole
- Governor's Warrant
- Coroner's Warrant
- After talking to you, the magistrate will decide whether you can be
released on your own recognizance (a pledge based on your signature that
you will return to court referred to as a personal recognizance (PR) bond),
whether you have to post a cash bond, whether someone else has to post a
bond pledging their real property (land or house) that you will return to
court (called a surety bond), and/or whether the services of a professional
bondsman will be required. In the latter case, the bondsman can charge you
up to 15% of the amount of the bond to get you out, and he/she does not
have to return the monies to you upon completing court.
- The magistrate (judge) uses such factors as the following to determine
whether you can or cannot be released:
- Are you a resident of the county?
- How long have you lived in the county?
- Do you have family in the county?
- Are you employed?
- Severity of the offense(s) for which you are charged
- What impact did the offense have against the victim?
- Do you pose a danger to the community?
- In a bail/bond hearing, you are entitled to have an attorney present
although it is not necessary. The magistrate does not want to listen to
the merits of your case, since a court date will be set at a later time to
determine probable cause and/or your guilt or innocence. You are asked to
refrain from attempting to discuss these matters with the magistrate.
- Bail/Bond hearings are tentatively scheduled seven days per week at the
- 11:00 A.M.
- 6:00 P.M.
- 9:00 P.M.
- 12:00 Midnight
- Midnight to 7:30 A.M. as scheduled by the magistrate on duty as
- The above times are only tentatively scheduled, and they are affected
by the availability of the magistrate (judge) and other factors.
Generally, you have to have been completely processed and all your
paperwork completed at least one hour before the scheduled bail/bond
hearing. If you miss this deadline, you will have to wait until the next
scheduled bail/bond hearing. In addition, other factors that may affect
your appearance before the magistrate are as follows:
- In cases where there is an alleged victim, the alleged victim has a
right to be present and to be heard. If the alleged victim so indicates
that he/she wishes to appear at your bail/bond hearing, such hearing can
be delayed to give the alleged victim a reasonable time to appear.
- If your arrest warrant has not been typed and served (a copy given to
you), your bail/bond hearing will be delayed.
- The unavailability of the magistrate (judge) due to other duties;
- Other emergency circumstances that may occur from time to time.
- While every effort will be made to get you in front of a magistrate
(judge) as quickly as possible, you are asked to understand that you may
or may not be able to do so. The bail/bond times as scheduled are only
tentative. Delays can and do occur from time to time. If an arresting
officer promised you that you will be in and out in a few minutes, then
the arresting officer misled you and made a false promise that he or she
cannot keep without prior approval of the magistrate.
Please do not argue with jail staff and/or become upset. Realizing that
you do not want to be in jail and may or may not be guilty, your
appearance before a magistrate and your subsequent release is not under
their control, and arguing or acting in a disorderly manner will not
accomplish your release any sooner.
- After your appearance before the magistrate (judge), you will be
returned and asked to sit quietly in the "out-waiting area." If you are
disorderly and/or pose a security risk, you will be placed in a secured
holding cell. After your initial appearance before the magistrate and
after returning to the booking/admissions area, do not ask to talk to the
magistrate again.If you can sign your own bail/bond, your property will be
returned, you will be escorted to the magistrate's office where you can
sign the appropriate release documents, and then you will subsequently be
- Those requiring someone else to sign their bond, bring cash money to
post bond, and/or use the services of a bondsman will be given the
opportunity to use the collect-call-only telephones. Individuals needing
to contact someone to obtain their release will be allowed to wait in the
jail's booking area for a reasonable time period, generally until the end
of the jail staff's work shift, which as a rule runs 1 1/2 to 2 hours
after each bail/bond hearing. As notification is made by the magistrate's
office that arrangements for bail/bond have been made, you will be
released as soon as possible.
- Individuals, who due to their charges cannot be released, and/or who
cannot make bail/bond will be issued jail clothing and housed in the jail.
Officers in the housing units will explain all applicable jail rules to
you at that time. Individuals who are housed in the jail can still be
released, provided they are eligible, as arrangements are made.
- All individuals admitted to the jail are expected to behave in an
orderly and sociable manner. Individuals who do not cooperate and/or who
commit new criminal offenses are subject to both internal sanctions as
well as new criminal charges. As a result, you are to regulate your
- The above is to serve only as a guide. It is designed to help explain
the arrest and booking process. It is not inclusive, and it is not
designed to give legal advice. Should any of the above information change
and/or become invalid for any reason, it does not affect the remainder of
the written procedures. Your cooperation is appreciated and will help to
ensure that your arrest and subsequent release move as smoothly and
efficiently as possible.