Missed Court in South Carolina: What Happens Next

What South Carolina law says can follow a missed court date: whether it is a separate crime, the driver’s license rule for traffic cases, what happens to bail, and the court’s own next steps. It runs in your browser and nothing is stored.

What kind of case was the court date for?
How was the person released before the date?

Pick the state, the kind of case and how the person was released to see what that state’s law says.

South Carolina failure to appear law

In South Carolina, missing a required court date after release can be charged as its own crime. The statute grades it by the kind of case:

  • Released on a felony charge: up to 5 years, $5,000 fine, or both. Wilfully failing to appear after release on a felony charge (or while awaiting sentencing) is punished by up to five years, a $5,000 fine, or both. (S.C. Code § 17-15-90(1))
    (1) if he was released in connection with a charge for a felony or while awaiting sentencing after conviction, be fined not more than five thousand dollars or imprisoned for not more than five years, or both; or
  • Released on a misdemeanor charge: up to 1 year, $1,000 fine, or both. On a misdemeanor carrying a maximum of at least one year, the penalty is up to one year, a $1,000 fine, or both. (S.C. Code § 17-15-90(2)) Only if the misdemeanor carries a maximum sentence of at least one year.
    (2) if he was released in connection with a charge for a misdemeanor for which the maximum possible sentence was at least one year, be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
  • Traffic citation: misdemeanor ($200 fine or 30 days). Wilfully failing to appear as a uniform traffic citation requires, without posting bond or getting a continuance, is a misdemeanor. (S.C. Code § 56-25-40(b))
    Any person who willfully fails to appear before the court as required by a uniform traffic citation without having posted such bond as may be required by the court or been granted a continuance by the court shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned not more than thirty days.

The statute’s mental-state words are “wilfully”, so the reason the date was missed can matter.

When a date is missed, the court’s order is called a bench warrant (S.C. Code § 22-5-115(A)).

Driver’s license after a missed traffic date in South Carolina

When a court reports that a licensee did not comply with a traffic citation, the DMV may suspend or refuse to renew the license until the person complies. (S.C. Code § 56-25-20)

has failed to comply with the terms of a traffic citation or an official Department of Natural Resources summons for a littering violation issued in this or any compact jurisdiction, the department may suspend or refuse to renew the person's driver's license

Bail and bonds after a missed date in South Carolina

If a recognizance is forfeited through ignorance or unavoidable impediment rather than wilful default, the court may remit all or part of the forfeiture on affidavit. (S.C. Code § 17-15-180)

To compare what posting bail costs in South Carolina, see the South Carolina bail bond calculator.

How to deal with a missed date in South Carolina

Only the court that set the date can recall a warrant or give a new date. Contact that court’s clerk, or the lawyer or public defender on the case, who can ask the court to recall or quash the warrant.

What this page does not do

  • It does not check whether a warrant was issued in any case or whether anyone will be arrested.
  • Whether a separate failure-to-appear charge is filed is the prosecutor’s decision; what happens to bail is the court’s.
  • It collects nothing; your choices stay in your browser.

Frequently Asked Questions

Is failure to appear a crime in South Carolina?

Yes. Released on a felony charge: up to 5 years, $5,000 fine, or both under S.C. Code § 17-15-90(1); Released on a misdemeanor charge: up to 1 year, $1,000 fine, or both under S.C. Code § 17-15-90(2); Traffic citation: misdemeanor ($200 fine or 30 days) under S.C. Code § 56-25-40(b).

Is missing court a felony in South Carolina?

In some cases. released on a felony charge: up to 5 years, $5,000 fine, or both under S.C. Code § 17-15-90(1). Otherwise: released on a misdemeanor charge: up to 1 year, $1,000 fine, or both under S.C. Code § 17-15-90(2) (only if the misdemeanor carries a maximum sentence of at least one year); traffic citation: misdemeanor ($200 fine or 30 days) under S.C. Code § 56-25-40(b).

Will South Carolina suspend my license for missing a traffic court date?

When a court reports that a licensee did not comply with a traffic citation, the DMV may suspend or refuse to renew the license until the person complies. The rule is in S.C. Code § 56-25-20.

Sources

Checked against the sources above on October 20, 2026.

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