Aiken County Detention Center Criminal Court Process
Criminal Court Process for Aiken County South Carolina
Aiken, the county seat, is home to the Aiken County Judicial Center on Park Avenue, where felony cases from Aiken, North Augusta, the Midland Valley and the rest of the county are tried. Lesser charges and every first appearance start in one of the county's magistrate offices or in one of eight town and city courts, and serious cases go up to the Court of General Sessions, the criminal side of the Circuit Court. Aiken County is the largest county in the Second Judicial Circuit, which it shares with Bamberg and Barnwell, and the elected Second Circuit Solicitor prosecutes its General Sessions cases. People arrested in the county are held at the Aiken County Detention Center on Wire Road, operated by the Aiken County Sheriff's Office.
- Aiken County Clerk of Court (General Sessions and Family Court), Aiken County Judicial Center, 109 Park Avenue SE, Aiken, SC 29801, (803) 642-1715
- Aiken County Magistrate Court, central bond court, at the detention center, 435 Wire Road, Aiken, SC 29801, (803) 642-2044
- Second Circuit Solicitor's Office, which prosecutes Aiken County General Sessions cases and juvenile petitions
- Second Circuit Public Defender, Aiken County office, 211 York Street NE, Suite 1, Aiken, SC 29801, (803) 642-1732
- Aiken County Detention Center (Aiken County Sheriff's Office), 435 Wire Road, Aiken, SC 29801, (803) 642-2040
Which court hears your case. Aiken County's Magistrate Court is the county-level summary court: it decides criminal cases where the maximum penalty is 30 days in jail or a $500 fine, plus a few offenses the legislature has assigned to it with higher fines (shoplifting up to $2,000 in value, for one, carries a fine of up to $1,000). Magistrates also hear first-offense DUI charges, issue warrants, run bond court and hold preliminary hearings in felony cases. A Municipal Court in Aiken, North Augusta or one of the smaller towns has the same limits but hears only city ordinance violations and minor state offenses committed inside its boundaries. Every felony, and every misdemeanor with a penalty above the summary-court limit, is heard in the Court of General Sessions once the Aiken County grand jury has returned an indictment.
Where pretrial inmates are held. Arrests by deputies, by the Aiken and North Augusta public safety departments, by town police and by state troopers all end at the Aiken County Detention Center, 435 Wire Road. Bond court sits inside the building, so most people see a magistrate there without being transported. Those who are not released remain at the detention center until their charges are resolved. For an inmate's status, call (803) 642-2040; the Sheriff's Office general line is (803) 642-1761.
- Local courts in Aiken County (magistrate and municipal courts)
- The Judicial Center and other court buildings
- What happens after an arrest in Aiken County
- The Wire Road detention center
- The Second Circuit Public Defender in Aiken County
- The Solicitor, diversion and treatment courts
- Misdemeanor (for example, shoplifting, a first DUI, third-degree assault and battery, trespassing)
- Felony (for example, burglary, grand larceny, drug distribution, first-degree assault and battery)
- Violent felony (for example, murder, criminal sexual conduct, armed robbery)
- Juveniles (under 18) arrested in Aiken County
- Federal cases (U.S. District Court) from Aiken County
1. Local courts in Aiken County (magistrate and municipal courts)
Aiken County spreads its magistrates across several district offices so that residents of the Horse Creek Valley, North Augusta and the rural north do not all have to drive to the county seat. Central functions are split between a bond court at the jail and a traffic court in downtown Aiken. Eight municipalities also run their own courts.
Magistrate court offices
- Central bond court, Aiken County Detention Center, 435 Wire Road, Aiken, SC 29801, (803) 642-2044. Bond hearings are held at 10:00 a.m. and 3:00 p.m. on weekdays, and at 10:00 a.m. and 1:30 p.m. on weekends and observed holidays.
- Traffic court, 223 Park Avenue SW, Aiken, SC 29801, open 8:30 a.m. to 5:00 p.m. on weekdays; county information line (803) 642-1500
- Aiken district office, Aiken County Government Center, 1930 University Parkway, Suite 1500, Aiken, SC 29801, (803) 642-1744
- Midland Valley district office, 129 Langley Dam Road, Langley, SC 29834, (803) 593-5171
- New Ellenton/Jackson district office, Savannah River Research Campus, 227 Gateway Drive, Suite 133, Aiken, SC 29803, (803) 652-3609
- North Augusta district office, North Augusta Services Center, 537 Edgefield Road, North Augusta, SC 29841, (803) 202-3580
- Wagener/Monetta district office, 108 Main Street North, Wagener, SC 29164, (803) 564-5989
Municipal courts
- Aiken Municipal Court, 251 Laurens Street NW, Aiken, SC 29801, (803) 642-7676
- Burnettown Municipal Court, C.H. Williams Municipal Center, 3187 Augusta Road, Burnettown, SC 29851, (803) 593-2676
- Jackson Municipal Court, 106 Main Street, Jackson, SC 29831, (803) 471-2228
- New Ellenton Municipal Court, 200 Main Street North, New Ellenton, SC 29809, (803) 652-2214
- North Augusta Municipal Court, 454 East Buena Vista Avenue, North Augusta, SC 29841, (803) 441-4271
- Perry Municipal Court, 1075 East Railroad Avenue North, Perry, SC 29137, (803) 564-5756
- Salley Municipal Court, Salley Town Hall, 230 Pine Street NW, Salley, SC 29137
- Wagener Municipal Court, P.O. Box 400, Wagener, SC 29164, (803) 564-3412
District magistrates issue warrants and hear the summary-court criminal cases and civil matters for their own areas, while the traffic court handles many of the county's tickets. Town courts usually sit once or twice a month. Appeals from any of these courts go to the Circuit Court at the Judicial Center and must be filed quickly, usually within 10 days of sentence.
2. The Judicial Center and other court buildings
The Aiken County Judicial Center at 109 Park Avenue SE houses the circuit courtrooms where General Sessions terms are held, along with Family Court and the Clerk of Court, (803) 642-1715. Indictments, bench warrants, plea paperwork and sentencing sheets are filed with that clerk. The Probate Court sits in the same building but has no criminal role.
Magistrate cases are handled away from the Judicial Center: bond hearings at the Wire Road jail, tickets at the Park Avenue SW traffic court, and preliminary hearings and summary trials at the district offices or other courtrooms the magistrates assign. North Augusta and Aiken city cases are heard at their own municipal court buildings. Visitors pass through security screening at each courthouse, and phones may be restricted in courtrooms.
3. What happens after an arrest in Aiken County
Booking
An arrested adult is brought to Wire Road, searched, photographed and fingerprinted, and checked for outstanding warrants from other jurisdictions. Property is inventoried, and the person is usually allowed to make phone calls once booking is finished.
The bond hearing
South Carolina requires a bond hearing within 24 hours of arrest. In Aiken County that hearing usually takes place at the next scheduled bond court session in the detention center (twice daily, including weekends). The magistrate reads the charges, explains the right to a lawyer, and sets one of several types of bond: a personal recognizance bond, a cash bond, or a surety bond posted through a licensed bail bondsman, who keeps a fee. Property can also secure a bond. Conditions such as no contact with the victim, GPS monitoring, or staying away from a location are common. Alleged victims have the right to attend and speak, and the Solicitor's office or the arresting agency notifies them.
For the most serious charges, including murder, armed robbery and first-degree criminal sexual conduct, only a circuit judge can set bond, so the magistrate will not set an amount. Legislation passed in 2023 and 2024 also affects people charged with a violent crime while already on bond; judges can revoke the earlier bond and impose stricter conditions.
After the bond hearing
Summary-court cases get a trial date in magistrate or municipal court. Felony and General Sessions cases move toward a preliminary hearing (if the defendant requests one within 10 days), indictment and the Solicitor's roster. People who post bond must keep their address current with the court; missing a court date leads to a bench warrant and, in summary court, a trial in absence.
4. The Wire Road detention center
The Aiken County Detention Center is a division of the Aiken County Sheriff's Office and holds people awaiting trial on county, city and state charges, people serving short sentences imposed by local courts, and some inmates held for other agencies. It is the only adult jail in the county, so even North Augusta arrests are booked here.
The main number is (803) 642-2040. Staff can tell callers whether someone is in custody, what the charges are, and whether a bond has been set. Bonds are posted at the facility. A person sentenced in General Sessions to more than a few months is transferred to the South Carolina Department of Corrections; shorter terms are generally served at Wire Road.
5. The Second Circuit Public Defender in Aiken County
Public defense in South Carolina is organized through the Commission on Indigent Defense, with a Circuit Public Defender in each of the 16 judicial circuits. The Second Circuit office covers Aiken, Bamberg and Barnwell counties, and its Aiken County staff work from 211 York Street NE, Suite 1, (803) 642-1732.
A defendant usually applies at the bond hearing or through the Clerk of Court by completing a financial affidavit. Eligibility depends on income, household size and the seriousness of the charge. A $40 application fee is set by statute, but it can be waived or reduced for people who cannot pay. Public defenders handle General Sessions cases, Family Court juvenile cases, and summary-court cases in which jail is a real possibility. When the office has a conflict, for example with co-defendants, the court appoints a private lawyer.
6. The Solicitor, diversion and treatment courts
The Second Circuit Solicitor is elected by voters in Aiken, Bamberg and Barnwell counties and decides which cases go to the grand jury, what plea offers are made, and which defendants are allowed into diversion. Victim advocates on the Solicitor's staff keep victims informed of hearings.
- Pretrial intervention (PTI): for a large share of first-time defendants facing nonviolent charges. Participants pay a fee, follow a supervision plan (restitution, community service, counseling or classes) and, on completion, have the charge dismissed and eligible for expungement.
- Alcohol education program: for some first-time alcohol offenses in summary court, such as possession by a minor; completion leads to dismissal.
- Traffic education program: available for certain minor traffic tickets.
- Drug court: an intensive, judge-supervised program combining treatment, frequent drug testing and court appearances for defendants whose charges are driven by addiction.
- Mental health and veterans programs: the Solicitor's office can explain whether any specialty court or program currently accepts Aiken County cases and how to be referred.
Admission to any of these programs is at the Solicitor's discretion, and defense lawyers usually raise it early in the case.
7. Misdemeanor (for example, shoplifting, a first DUI, third-degree assault and battery, trespassing)
Most of these charges stay in an Aiken County magistrate court or in a municipal court, depending on where the incident happened. A shoplifting arrest at a store on Whiskey Road inside the city goes to Aiken Municipal Court; the same incident at a store in an unincorporated area goes to the county magistrates.
Release and the court date
Someone booked on a summary-court charge typically goes before the bond court magistrate at Wire Road and is released on a personal recognizance or a modest cash or surety bond. Many others are never jailed and simply receive a ticket with a court date. At the first appearance the defendant can plead guilty, plead not guilty and request a bench or jury trial, or ask for time to hire a lawyer. A summary-court jury has six members.
Who presents the case
In Aiken County's summary courts, an officer often prosecutes his or her own case, while the Solicitor's office or a city prosecutor may handle DUI, domestic violence and contested matters. The Public Defender can be appointed for a person who could be jailed and cannot afford a lawyer.
Penalties
- Shoplifting ($2,000 or less): up to 30 days or a fine up to $1,000; repeat offenses and higher values rise to felony levels.
- Third-degree assault and battery: up to 30 days or up to $500.
- Trespassing: up to 30 days or $200 for a first offense.
- First DUI: with a BAC under .10, 48 hours to 30 days in jail (48 hours of public service can be substituted) and a $400 fine before assessments. Readings from .10 to .16 and above .16 bring higher minimums. A six-month license suspension applies, with an ignition interlock route for restricted driving, and ADSAP enrollment is required. Refusing a breath test results in an administrative suspension that can be challenged at a hearing.
Possible results include dismissal, a fine, a suspended sentence, a short jail term, or diversion such as the alcohol education program. A first-offense conviction for some minor crimes can later be expunged. Expect one to three months from ticket to resolution in most Aiken County summary courts.
8. Felony (for example, burglary, grand larceny, drug distribution, first-degree assault and battery)
Aiken County felonies follow a long path from the jail's bond court to a General Sessions courtroom at the Judicial Center, and the steps rarely happen quickly.
- Bond court. A magistrate at Wire Road sets the bond within 24 hours and may add conditions such as house arrest or GPS monitoring.
- Preliminary hearing request. Within 10 days of the bond hearing, the defendant may request a preliminary hearing in writing. A magistrate hears testimony, usually from the investigating officer, and decides whether probable cause exists.
- Grand jury. The Solicitor's office presents the case to the Aiken County grand jury. A "true bill" produces an indictment and moves the case to General Sessions.
- Roster and discovery. The case is placed on the Solicitor's docket for upcoming terms of court. The defense requests discovery under Rule 5 and may file motions to suppress evidence. Many defendants are screened for PTI or drug court at this stage.
- Plea or trial. A circuit judge accepts negotiated pleas; contested cases go to a 12-person jury, which must reach a unanimous verdict.
- Sentencing. The judge can impose probation, a suspended sentence, a split sentence, or a term with the Department of Corrections.
Penalties for the listed felonies
- Second-degree burglary: up to 10 years, or up to 15 years when charged as the violent form. First-degree burglary: 15 years to life.
- Grand larceny: over $2,000 and under $10,000, up to 5 years; $10,000 or more, up to 10 years.
- Drug distribution: penalties depend on the substance and amount and increase sharply for second and third offenses; trafficking carries mandatory minimum prison terms.
- First-degree assault and battery: as much as 10 years. Assault and battery of a high and aggravated nature: up to 20.
For "no parole" offenses, at least 85 percent of the sentence must be served. Felonies in South Carolina are classed A through F, with maximums from 30 years (class A) down to 5 years (class F), although many crimes have their own penalties written into the statute.
Felony cases in Aiken County often take one to two years, and longer when lab reports are delayed or the case goes to trial. The circuit's docket is shared with Bamberg and Barnwell counties.
9. Violent felony (for example, murder, criminal sexual conduct, armed robbery)
A person charged with murder, armed robbery or first-degree criminal sexual conduct in Aiken County will not have a bond set at Wire Road; the magistrate refers the matter to a circuit judge, who holds a separate bond hearing, often weeks later. The judge may deny bond or set a high amount with strict conditions. Victims and their families have the right to be heard at that hearing.
- Murder: a mandatory minimum of 30 years and a maximum of life, with no parole. The Solicitor may seek the death penalty when statutory aggravating factors are present; executions resumed in South Carolina in 2024.
- First-degree criminal sexual conduct: up to 30 years, a no-parole offense requiring sex-offender registration.
- Armed robbery: a mandatory minimum of 10 years and a maximum of 30.
Because these are "most serious" offenses under the repeat-offender statute, a defendant with a prior conviction for one faces life without parole. The Victims' Bill of Rights in the state constitution requires notice to victims at each major stage. Investigations may involve the Sheriff's Office, Aiken Public Safety and the State Law Enforcement Division, and trials commonly come two to three years after arrest.
10. Juveniles (under 18) arrested in Aiken County
Aiken County Family Court, which sits at the Judicial Center, has jurisdiction over delinquency cases involving anyone under 18. South Carolina moved 17-year-olds into the juvenile system in 2019, though some serious charges can still be brought in adult court.
Intake and the Solicitor
When an Aiken County officer refers a juvenile, the Department of Juvenile Justice county office conducts intake, meets with the youth and family, and makes a recommendation. The Second Circuit Solicitor decides whether to file a petition in Family Court or send the case to diversion, such as juvenile arbitration or a behavioral contract.
Detention
Youths cannot be held at the adult jail on Wire Road. A child who is not released to a parent is typically taken to DJJ's Juvenile Detention Center in Columbia or another approved juvenile facility. A Family Court judge must hold a detention hearing within 48 hours of the child being taken into custody, excluding weekends and holidays, and can order release with conditions.
Possible outcomes
- Probation, restitution, community service, counseling, or a school-based program.
- Commitment to DJJ, either for a set evaluation period or for an indeterminate term that cannot extend past age 21.
- Waiver to General Sessions: for older juveniles charged with serious offenses (some as young as 14), the Solicitor can ask Family Court to transfer the case, and a hearing is held before any transfer.
The Public Defender represents eligible children. Juvenile records are generally confidential and may be expunged later.
11. Federal cases (U.S. District Court) from Aiken County
Aiken County lies in the Aiken Division of the U.S. District Court for the District of South Carolina, together with Allendale and Barnwell counties. Although a federal courthouse stands in downtown Aiken and is used only occasionally, the court's own division assignments send Aiken Division cases to the Matthew J. Perry Jr. U.S. Courthouse, 901 Richland Street, Columbia, SC 29201. The Columbia Clerk's Office is at (803) 765-5816.
Federal prosecutions are brought by the U.S. Attorney's Office, whose main office is in the Wells Fargo Building, 1441 Main Street, Suite 500, Columbia, SC 29201, (803) 929-3000. Defendants who cannot afford a lawyer are represented by the Federal Public Defender, 1901 Assembly Street, Suite 200, Columbia, SC 29201, (803) 765-5070, or by a court-appointed panel attorney.
What makes an Aiken County case federal. The deciding factor is a federal crime and a federal prosecutor willing to take it. Common sources in this county include drug trafficking along the I-20 corridor and in the Augusta metropolitan area, firearm possession by people with felony records, bank robbery, child exploitation, and fraud or theft involving federal funds. Offenses on federal property, such as the Savannah River Site, can also be prosecuted federally.
The federal sequence, step by step.
- Initial appearance before a U.S. magistrate judge in Columbia, where counsel is appointed for those who qualify.
- Detention hearing, usually within three court days if the government seeks to hold the defendant. The Bail Reform Act allows release on conditions overseen by U.S. Pretrial Services, or detention if no conditions will assure appearance and safety. Bail bondsmen are not used.
- Indictment by a federal grand jury, required within 30 days of arrest when the case began with a complaint.
- Trial clock. The Speedy Trial Act sets a 70-day deadline after indictment, though continuances routinely pause it.
- Plea or trial. Most defendants plead guilty; a trial jury of 12 must be unanimous.
- Sentencing after a presentence report by U.S. Probation. The judge applies the advisory Sentencing Guidelines and any mandatory minimum. There is no parole; prisoners serve about 85 percent of the sentence with good-conduct credit in the Federal Bureau of Prisons, then a term of supervised release.
- Appeal, if any, to the Fourth Circuit Court of Appeals in Richmond.
To locate a federal prisoner, search the Federal Bureau of Prisons inmate locator by name or register number. Someone awaiting trial in a county jail under contract with the U.S. Marshals may also be listed on that jail's inmate roster. Juveniles are seldom charged federally; Aiken County youth cases almost always remain in Family Court.
This page gives a general overview of how criminal cases proceed in Aiken County and is not legal advice. Court schedules and procedures change, so confirm dates with the court. Anyone charged with a crime should speak with a lawyer or contact the Second Circuit Public Defender's Aiken County office at (803) 642-1732.
Criminal Court Process for Aiken County South Carolina
Aiken County South Carolina Criminal Court System – Definitions
It might be helpful to define some words that will be used on this site, when explaining the South Carolina Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in Aiken County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when South Carolina, Aiken County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Aiken County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.
Booking is when the Aiken County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of South Carolina, Aiken County or a city or town. The prosecuting attorney for Aiken County or the district is called the Solicitor. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.
Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the Aiken County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the Aiken County Jail until their trial.
Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the {county extended} or municipal court sets bail. Judges in South Carolina rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance.
Cash percentage in lieu of bonds. If the bond order permits, the defendant pays a percentage of the amount, (usually 10%) to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.
Surety Bond is when defendant pays a percentage of the bond amount (usually 10%) to a professional bondsman or bail bond company licensed to do business in South Carolina, {county extended}. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than South Carolina.
A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted). Usually, the property must be in Aiken County, and it must be worth at least the amount of the bond.
Transfer bond which is transferable across state lines but generally a bond company will only assume the loan to adjoining states.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsman will not call asking for money without involvement of the arrested.)
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.
If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.
South Carolina indigent services are supported by 50% of state money and 50% by the local governments. Municipal courts must provide their own funding for indigent representation as the state does not fund these courts. Find further information about the South Carolina Commission on Indigent Defense at this website.
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. . The attached link has a list of pro bono organizations in South Carolina.
Many courts will provide forms and help for people who want to represent themselves, called pro se. Here is a link for legal self-help in South Carolina.
A district court can refer to the first level of the legal system, or a minor court. District courts are in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There is one U.S. federal district court in South Carolina, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found not guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
South Carolina Felony vs Misdemeanor
A misdemeanor crime in South Carolina is a crime that has a penalty such as fines, probation, community service or up to one year in a county jail. Common misdemeanor offenses include petty theft, simple assault, trespassing, some drug offenses or harassment. Misdemeanors in South Carolina are classified as:
- Class A: up to 3 years in jail,
- Class B: up to 2 years in jail, and
- Class C: up to one year in jail.
- Unclassified misdemeanors are for any other crime with punishment of less than one year in jail.
A felony crime in South Carolina is a more serious crime than a misdemeanor and can be punished with more significant fines and jail time. Felony crimes can be murder, rape, theft,
aggravated assault, drug trafficking, kidnapping and identity theft.
Felonies in South Carolina are classified from:
- Class A: up to 30 years in state prison,
- Class B: up to 25 years in state prison,
- Class C: up to 20 years in state prison,
- Class D: up to 15 years in state prison,
- Class E: up to 10 years in state prison,
- Class F: up to five years in state prison.
- Violent crimes and murder are not classified felonies and can be punished by up to life in prison or the death penalty.
The Aiken County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Aiken County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
South Carolina Criminal Court System - How it Works
In South Carolina, an arrested person would most likely be brought to a magistrate court or municipal court for arraignment, also called summary courts. Prosecution of misdemeanor traffic and some criminal violations in the summary courts may be made by the arresting officer. Summary courts can conduct trials for traffic violations, domestic violence and third offense driving under suspension and forgery. If the arrested is detained, it will be in a local county jail or detention center.
The magistrate courts conduct arraignments, set bail, conduct preliminary hearings and issue arrest and search warrants. The magistrate court can hold trial for criminal cases where there is a penalty or fine of $500 or less or imprisonment of 30 days or less or both fine and imprisonment. Magistrate judges may hear criminal cases transferred from General Sessions Court if the penalty does not exceed one year imprisonment or a fine of $5,500, or both. A magistrate court judge in South Carolina does not have to be an attorney.
Municipal court in South Carolina hears only criminal cases within its jurisdiction. In some counties, a municipality (town) might not have its own municipal court and decide to use the magistrate court instead and some might use the magistrate judge to serve at the municipal court.
Municipal courts can conduct trials on cases where local city or town laws are broken and if the maximum punishment would be 30 days in jail and/or a fine of up to $500. Like the magistrate court, if the defendant agrees, the General Sessions Court Solicitor can transfer a case to municipal court if the penalty does not exceed one year in jail and/or a fine of $5500.
Circuit courts are divided into the Court of Common Pleas for civil matters and the Court of General Sessions for criminal cases.
The Court of General Sessions can prosecute and hold trials for misdemeanor and felony cases. The Court of General Sessions can hear appeals from the magistrate and municipal courts. This court does not conduct arraignments but will try cases that were arraigned and referred from the magistrate and municipal courts.
The Family Court handles all juvenile cases for individuals over the age of 17. If the offense of the minor is a traffic or boating related offense, the case might be shared with the municipal or magistrate courts. The following website provide more information on juvenile services.
Which court to attend in South Carolina can be confusing. It is always recommended to check the arresting officer, attorney or solicitor’s office for instructions of when and where to appear in court.
The South Carolina Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The South Carolina State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.
The criminal cases are usually referred from the district courts of appeal.
Specialty courts or problem-solving courts are being adopted in many states to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. Most South Carolina courts provide Treatment and/or Drug Courts.
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the South Carolina state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There is one U.S. Federal Judicial District in South Carolina.
