South Carolina

Dane Phillips: Welcome y’all to the Direct Examination Podcast! My name is Dane Phillips.

Joseph Bias: And I’m Joseph Bias. Dane, how are you doing?

Dane Phillips: Doing well, Joseph, though something always feels a little off when Amber isn’t doing the intro with us!

Joseph Bias: It’s a disturbance in the force! (laughs) How are things going in court for you this week?

Dane Phillips: I’ve been in court the past couple of days in summary court. Things are operating under the Chief Justice’s COVID-19 orders. Domestic violence court was spaced out well on Wednesday, but traffic court was packed. It really highlights the need for consistent procedures across the state.

Joseph Bias: Absolutely. Today, we are thrilled to welcome a very special guest on a topic that is deeply important to all of us—criminal justice reform. Our guest today is Allie Menegakis! Allie is a criminal defense attorney at Adams & Bishoff in Charleston, SC, a former public defender, and the founder of South Carolina for Criminal Justice Reform (sc4cjr.org). Allie, welcome to the show!

Allie Menegakis: Thank you so much, Joseph and Dane! It’s such a pleasure to be here with you both.

Dane Phillips: Allie, tell us about your background and what motivated you to launch SC4CJR.

Allie Menegakis: I started my career as a public defender in Florida and later served here in Charleston. I loved being a public defender—advocating for people who often have no one else standing up for them is incredible work. But as a public defender, you are a witness to systemic car crashes every single day. You can only fight for one client at a time, and you realize very quickly that many of the overarching problems require broader, systemic solutions.

When I moved to South Carolina, I saw procedural issues—like the lack of counsel at bond court and long pretrial delays—that severely impacted defendants. In January of this year, a diverse group of us—public defenders, private defense attorneys, former prosecutors, academics, and formerly incarcerated individuals—officially launched South Carolina for Criminal Justice Reform. Our motto is Fairness, Awareness, and Change.

Joseph Bias: Can you talk about the work SC4CJR is doing specifically around bond court reform?

Allie Menegakis: In Florida, every single person who gets arrested has a public defender standing beside them at their first appearance. When I came to South Carolina, I realized that in many counties, defendants stand in front of a magistrate judge at bond court completely alone, with no legal representation whatsoever.

Charleston and Richland Counties have made great strides recently—partly thanks to the MacArthur Foundation Safety and Justice Challenge grant—by placing public defenders in bond court. But in many smaller or rural counties across South Carolina, people still go unrepresented.

Dane Phillips: And that bond hearing is often the single most critical moment in a criminal case. Under Article 1, Section 15 of the South Carolina Constitution and state statute, a personal recognizance (PR) bond is supposed to be the baseline standard. To impose a financial bond, the State has the burden to prove that a defendant poses an unreasonable danger to the community or an extreme flight risk.

Allie Menegakis: Exactly! If a person cannot afford a $500 or $1,000 cash bond, they sit in jail for months awaiting trial. In that time, they lose their job, their housing, and custody of their children—all before they’ve ever been convicted of a crime. It creates an immense financial burden on taxpayers, too, costing around $60 to $100 per day per inmate to keep people incarcerated simply because they are poor.

Joseph Bias: How is SC4CJR using public education and digital media to raise awareness about these issues?

Allie Menegakis: We focus heavily on storytelling and accessible education. We host Facebook Live webinars, justice-focused book clubs, and short educational videos—we even launched a TikTok to reach younger audiences! We cover topics like police use of force, qualified immunity, grand jury reform, preliminary hearings, and speedy trial rights. We want everyday citizens to understand how the system works and why reform benefits everyone.

Joseph Bias: With so many protests and demonstrations happening across the state and nation right now, what legal advice do you give to citizens who are exercising their First Amendment rights?

Allie Menegakis: 1. Know where you can protest: Stick to public sidewalks and spaces where you aren’t blocking pedestrian or vehicle traffic unless you have a permit. 2. Leave items of concern at home: Do not bring weapons, unprescribed medications, or illegal substances with you. If you have prescription medication, keep it in the original pharmacy bottle with your name on it. 3. Do not resist or argue with officers: If you are stopped or arrested, do not resist physically, as that can result in additional felony charges. 4. Invoke your rights: Clearly state the magic words: “I want a lawyer” and “I am remaining silent.” Once you invoke, law enforcement must stop questioning you.

Dane Phillips: That is invaluable advice for anyone out in the community right now.

Joseph Bias: Allie, thank you so much for the incredible work you and SC4CJR are doing for criminal justice reform in South Carolina. Where can our listeners find out more and get involved?

Allie Menegakis: Visit our website at sc4cjr.org! You can also follow us on Facebook, Twitter, Instagram, YouTube, and TikTok @SC4CJR.

Dane Phillips: Follow us on Twitter and Facebook @SCLawPod, follow Joseph @JosephPBias, and Dane @SCCrimLawyer. Leave us a five-star review, stay safe, and we’ll see y’all next week!