Allendale Municipal Court – Allendale, SC

Oct 26, 2021

A municipal court is a court with small area of authority over criminal charges and civil disputes within its geographic area. These courts can be located at the county or city tier.

Allendale Municipal Court INformation

Court: Allendale Municipal Court
Address: “1296 Main Street S, Allendale, SC 29810”
Phone: 803-584-2972

City: Allendale
County: Allendale
State: South Carolina

What is the purpose of the Allendale Municipal Court?

Municipal Courts are commonly called “courts of limited jurisdiction.” Which means that they deal with minor crimes, civil matters, and traffic incidents. Courts like Allendale Municipal Court are the first level of court for these types of cases.

On the other hand, the role of a county court is to deal with a large number of civil disputes within the respective region. Most cases involve family matters, personal injury cases, more serious criminal charges, or lawsuits.

County courts have the jurisdiction to deal with misdemeanors and civil actions that can’t exceed the amount of $15,000.00, while the circuits courts handle felony cases and bigger civil matters.

TYPES OF Legal Matters seen IN A MUNICIPAL COURT in Allendale, South Carolina

Municipal courts are the entry level of courts in the U.S.. They are usually found within the jurisdiction where they are located, but some locales share municipal courts with other municipalities.

This can be done to better serve their people or to save money on costs. The cases that will be heard by a municipal court vary depending on the municipality, but typically include traffic matters, low level criminal charges and code violations.

You will not find a standard for what constitutes a misdemeanor versus a felony crime, but generally speaking felonies would require more time in jail than misdemeanor charges and fines may also be higher for felonies. Traffic violations usually result in points against your driver’s license as well

how are cases managed in the municipal court in Allendale?

Municipal courts are the lowest level of the court system in the United States. They have jurisdiction over minor crimes, traffic crimes, and other civil matters. Municipal courts are popularly known city courts or town courts. Cases are managed by a magistrate who is usually an attorney, judge, or retired judge. Magistrates may be appointed by the mayor or city council board to help for a specific time period.

Judges manage hearings to determine:

  • Probable cause for arrest
  • Set bail amounts and terms of release
  • Conduct arraignment hearings when charges are filed against defendants by police officers
  • Issue search warrants to police officers in order to secure evidence from crime scenes
  • start preliminary examinations to determine if there is enough evidence to issue a charge

The Process of a Municipal Court Case

The process of a municipal courthouse case can be difficult to navigate. The next portion is an overview of the most common steps involved in a regular municipal court case.

Step One: Issuance of Summons

A summons from the court is issued when an individual has been charged with violating a town rule or state law. The individual who has received the summons from the court will need to appear at their assigned time and location, which is usually the municipal courtroom, to respond for the charge(s) against them. If they fail to appear, they may be found guilty in absentia and could be fined up to $1000 or sentenced to jail time if it’s a serious enough offense.

Second Step: Appearance before Judge or Magistrate

If someone fails to respond after being summoned by the judge, there may be a warrant issued for the individual. 

Municipal Court Penalties in Allendale, SC

Penalties change often, which is why it’s good to speak with licensed lawyer. The material below represents common penalties, but may not be 100% accurate for the Allendale Municipal Court. 

A violation is an offense that has a penalty of $500 or less, while a misdemeanor can carry penalties up to $1000 or one year in local jail. A person’s driving privileges may be suspended for six months if they receive three speeding tickets within 12 months.

The penalties for different offenses in municipal courts vary depending on the severity of an crimes. For example, if you are caught with marijuana without having a prescription for it then you will be fined up to $2,000 or spend up to six months in jail.

Allendale Municipal Court Records

Municipal Court records from a municipal court may be difficult to find because they are not always stored in one place or system. The records that a person might need to depend on the type of case they have before the court, where it’s at in the process, and what kind of of information is required by law to be present.

Questions ABOUT the Allendale Municipal Court

What is municipal court in Allendale, South Carolina?

In South Carolina, the municipal court is a lower level with civil and criminal jurisdiction within a city or municipality. Municipal courts have a small jurisdiction and have limited authority as well, dealing only with petty crimes and misdemeanor crimes.

What does the municipal court handle in Allendale, South Carolina?

Depending on the scope of the municipality, a municipal court can handle a civil division (cases with less than  $15,000 at issue), a traffic/criminal division, or a housing and environmental division. More serious cases/crimes are deal with by higher authorities.

How many judges does the Allendale Municipal Court have?

The count of judges depends on the municipality’s size.

How are cases heard in municipal courts in South Carolina?

A municipal courthouse judge may be either elected or appointed to serve for a set term of years or until they retire. Judges are sometimes elected by the people with each precinct’s results judged based on the number of people. Municipal judges are often not lawyers but have some legal education and must finish many hours of continuing education every year to maintain their credentials.