Harassment and Stalking Laws in South Carolina

Harassment in the second degree is a pattern of intentional, substantial and unreasonable intrusion into someone's private life, which can include verbal, written or electronic contact, that would cause a reasonable person mental or emotional distress; it is a misdemeanor punishable by a fine up to $200, up to thirty days, or both (up to $1,000 and one year with a prior harassment or stalking conviction within ten years or a restraining order in effect). Harassment in the first degree (a similar pattern including following, surveillance or property damage) is a misdemeanor punishable by up to $1,000 and three years, and a felony (up to $5,000 and five years) with a prior harassment or stalking conviction within ten years. Stalking is a pattern of words (including electronic communications) or conduct intended to cause, and that does cause, reasonable fear of death, assault, bodily injury, sexual contact, kidnapping or property damage; it is always a felony, punishable by up to $5,000 and five years, up to ten years if a restraining order was in effect, and up to fifteen years with a prior harassment or stalking conviction within ten years.

South Carolina's rule on court-appointed lawyers: A person entitled to counsel under the U.S. Constitution who is found by the court to be financially unable to retain counsel is to be provided counsel unless he knowingly and voluntarily waives it. The person must execute an affidavit that he is financially unable to employ counsel, setting forth all his assets. A forty dollar application fee for public defender (or appointed counsel) services must be collected; the clerk of court or other appropriate official may waive or reduce it if the person is unable to pay, and the judge may order the remainder paid during probation. If the person has some assets but not enough to retain private counsel, the court may order the assets or a portion of them paid. In emergencies courts may appoint counsel before the application is completed. S.C. Code §§ 17-3-10, 17-3-30, 17-3-45

Lawyers set their own fees, and South Carolina has rules on how they may charge. See hiring a criminal defense lawyer in South Carolina for fee rules, how to check a lawyer's license and free help.

How release before trial works in South Carolina: A person charged with a noncapital offense is to be released pending trial on his own recognizance at the first appearance unless the court determines that such a release will not reasonably assure the person's appearance as required, or that the person poses an unreasonable danger to the community or an individual. In that case the court may impose conditions such as an appearance bond with approved surety, placement in the custody of a designated person or organization, restrictions on travel, association or residence, or a requirement to return to custody after specified hours. In setting conditions the court may consider the nature and circumstances of the offense, family ties, employment, financial resources, character and mental condition, length of residence in the community, criminal convictions, and any record of flight or failure to appear, and it must consider the person's criminal record, pending and prior charges, incident reports, whether an unlawfully present alien is a substantial flight risk, gang-database status, and whether the person is already on bond for another offense. For a violent offense or firearm felony, bond must be set at the full cash amount. For certain domestic violence offenses (Chapter 25, Title 16) the bond hearing must occur within twenty-four hours after the arrest. Circuit courts may review bonds set by summary court judges. S.C. Code §§ 17-15-10, 17-15-15(D), 17-15-30, 17-15-55 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See South Carolina expungement and record sealing rules.