If you have been arrested by a police officer and ordered to appear in either a Municipal Court or Magistrate's Court or have been issued a Summons for a traffic offense or other minor offense to appear in a Magistrate's Court or Municipal Court, you should appear at the time stated on the Summons or arrest warrant. If you fail to appear in Court at that time, you will be tried in your absence and probably will be found guilty.
When you appear in Court, the judge will ask whether you wish to plead guilty or not guilty. If you wish to plead guilty, then the proceedings will be relatively short and the judge will decide what sort of fine or jail sentence to impose. If you are going to plead guilty but feel like you want to be represented by lawyer, you have that right. Your lawyer should appear with you any time you go to court. If you cannot afford one, ask the judge to determine if you qualify for an appointed lawyer.
If you will plead not guilty, you should explain that to the judge. You have the right to a lawyer to assist you at the trial. If you cannot afford one, ask the judge to determine if you qualify for an appointed lawyer. You must tell the judge whether you wish to have a jury trial or to be tried only by the judge. If you wish to be tried by the judge, then the trial probably will be held immediately. The judge will ask the arresting police officer or the complaining witnesses to tell his or her side of the story. After each witness for the prosecution has testified against you, you have the right to ask each witness questions. After the prosecution testimony, you have the right to present witnesses to testify for you.
You also have the right to testify for yourself, or the right not to testify. REMEMBER: If you go to Court and plan to plead not guilty and also intend to be tried by a judge without a jury, you should have your witnesses with you when you go to Court the first time.
If you think that you cannot get those witnesses to come to Court, then you should contact the judge before your Court date. Ask the judge to issue subpoenas which require your witnesses to come to court for your trial.
If you plan to ask for a jury trial, that is your right and the judge must grant you a jury trial. You should tell the judge at the first Court appearance that you wish to have a jury trial. The judge will tell you a day to come back to court to pick a jury, however some judges will select a jury on the first day you appear in Court.
When you have a jury trial, the same procedure applies as was explained to you in the non-jury trial. If you are found guilty either after a jury trial or after trial by a judge, the judge will then decide what sentence to impose. Most offenses which are tried in either the Magistrate's Court or Municipal Court carry fines and/or jail sentences. If the judge decides to sentence you to jail, you will have to go to jail immediately unless you immediately file a Notice of Intention to Appeal to the Circuit Court, as required by court rules.
If you file Notice of Intention to Appeal, you should ask the judge to set an appeal bond. It is required that a judge set an appeal bond if you are appealing the judge's order. If you can pay this appeal bond, you will not have to go to jail immediately.
You should always remember that you have some significant rights whenever you are ordered to appear in court on criminal charges. This information is intended to make you aware of these rights so you can make an informed decision as to whether or not you want to exercise those rights. If you feel that you need a more detailed explanation about your rights in Magistrate's or Municipal Court, you should consult a lawyer before you go to court.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
In South Carolina, the terms “juvenile” or “child” refer to persons less than 17 years of age. However, the terms “child” and “juvenile” are not applicable when a person is 16-years-old or older and charged with a Class A, B, C, or D felony as defined in SC Code Section 16-1-20 or a felony that holds a maximum imprisonment term of 15 years or more. However, the Solicitor may use discretion to remand those felonies back to family court for disposition.
Children can enter the juvenile justice system in South Carolina by law enforcement or by a referral from SC DJJ (Department of Juvenile Justice) or a Circuit Solicitor. Depending on the nature of the charge, law enforcement may decide to send the child to a juvenile detention center, pending a hearing. After DJJ submits its recommendations, the Solicitor uses its discretion to do any of the following: divert a juvenile to a community program (e.g. drug court or juvenile arbitration), require restitution, proceed with prosecution in Juvenile Court, or dismiss the case.
During Juvenile Court, the family court judge has to determine the guilty or innocence of a juvenile and with sentencing juveniles “adjudicated delinquent” (found guilty). Often the family court judge will order a DJJ evaluation before making his final determination. The evaluation occurs over the course of a few weeks at one of the three regional evaluation centers and produces an evaluation report that is submitted to the family court judge, DJJ, the Solicitor, and defense attorney for review. A family court judge may find the juvenile “not delinquent” (not guilty) or “delinquent” (guilty). If found delinquent, a juvenile may be put on probation, given a “determinant” sentence (specific amount of time), or given an “indeterminate” commitment. Indeterminate commitment involves being held for indefinite period of time up to the age of 21. The indefinite period will vary depending on the type of charge, juvenile’s history, and the evaluation of juvenile’s behavior and progress. After a juvenile’s commitment, DJJ may grant a juvenile conditional or unconditional release. Conditional release could involve parole supervision and/or programs at a wilderness camp or group home.
Juvenile Resources & Links
South Carolina Juvenile Justice Code
South Carolina Department of Juvenile Justice
DJJ Expungement Fact Sheet
SC Fathers and Families - Juvenile Expungement
South Carolina Children’s Law Center – Juvenile Justice Publications
National Juvenile Defender Center – Practice and Policy Resources
Southern Juvenile Defender Center
Southern Poverty Law Center – Children’s Rights
Youth Law Center Resource Library – Juvenile Justice
Juvenile Law Center Resources (PA)
ACLU School to Prison Pipeline
Ending the Schoolhouse to Jailhouse Track – Advancement Project
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100 in Richland or Lexington Counties, and 1-800-868-2284 from other parts of the state.
Once you have been arrested, you have the right to remain silent. That means you do not have to answer any questions or make any statements to the police or to anyone. Although you may wish to make a statement at a later time, do not make this decision without talking to a lawyer.
Things you say as well as things you write may be used as evidence against you.
As soon as possible after your arrest, tell the police that you want to talk to a lawyer. You have the right to contact a lawyer. If you can not afford to hire a lawyer, one will be appointed to represent you by the court.
The lawyer will need to know where you are being held, what you have been charged with, and the names and telephone numbers of family and /or friends who are close by and are willing to help you. Have this information ready when you call.
In all but a few cases, you are entitled to be released upon posting bail, which may be a surety bond or a personal recognizance bond. A surety bond is a sum of money or property pledged to assure that the defendant shows up for trial. If he fails to appear in court, the bail set by a magistrate, will be forfeited to the government. A recognizance bond is a written promise by the defendant to show up for trial. If he fails to appear, he will have to pay a stated amount of money to the court in addition to being tried for the offense at a later date. When you will go before the magistrate following arrest will depend on when you are arrested and whether you are charged with violation of a state or federal law. A lawyer can be helpful in getting appropriate bail set.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. at (803) 799-7100.