What Happens During an Arraignment?

During an arraignment, the court reads out exactly what you are charged with, confirms that you understand the rights protecting you, and asks for your plea. The arraignment doesn’t decide whether you’re guilty, which many people don’t realize. Gaffney residents bring that confusion to Parker & Bain regularly, and knowing what to expect can make the hearing much less stressful.

Notice of Charges and Advisement of Rights

The judge reads the charges, identifies the applicable statutes and maximum penalties, and checks that you received the charging document. That document sets out the allegations the State must prove.

The court also explains your rights, whether or not you have legal representation. Your rights include:

• Representation by counsel, including appointed counsel if you cannot afford it
• The right to stay silent while detained or under arrest
• A jury trial in the General Sessions Court, with a chance to question State witnesses

Judges go through this list often, so it can move quickly. It’s fine to ask the judge to repeat anything you don’t understand.

How Does a Bond Hearing Differ From an Arraignment?

A bond hearing decides only whether you go home while the case is pending. In South Carolina, S.C. Code § 22-5-510 requires one within twenty-four hours of arrest for a bailable offense.

Bond can also be reviewed later. Judges weigh several factors when reviewing release conditions, including:

• Local ties: Years in Cherokee County, where you work, and who depends on you.
• Record: Prior convictions, plus any charge where you are already out on bond.
• Appearance history: Whether the court trusts you to appear at every future date.
• Nature of the charge: Was the charge violent or directly harmful to other people?
• Any danger to the community: Whether you are likely to offend again while your case is pending.

A motion to reconsider goes to the Circuit Court once a magistrate has ruled. Pay stubs and an employer’s letter give a judge something concrete.

What Pleas Can You Enter in the General Sessions Court?

Defendants commonly plead not guilty at this stage, allowing time for the defense to examine discovery, body camera footage, and the incident report. A guilty plea admits the charge and waives your right to make the prosecution prove its case at trial.

Arraignment Day at the Cherokee County Courthouse

Cherokee County splits these hearings between two buildings. Bond hearings run before a magistrate at the Cherokee County Law Enforcement Center on East Frederick Street.

In contrast, General Sessions arraignment and roll call happen at the Cherokee County Courthouse. Cherokee County shares the Seventh Judicial Circuit with Spartanburg County, and circuit judges from across the state rotate through General Sessions terms.”

Get Straight Answers Before Your Court Date

Court notices arrive with dates and code numbers and no explanation, and notices can be confusing. Parker & Bain, LLC brings more than two decades of collective experience to Cherokee County courtrooms, going the extra mile with personalized attention through a client’s toughest stretch.

Call (864) 489-8128 or reach out online to schedule a consultation with our Gaffney criminal defense attorneys to review your notice and next steps.