Duncan Municipal Court – Duncan, SC

Oct 26, 2021

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

Duncan Municipal Court INformation

Court: Duncan Municipal Court
Address: “50 Hughes Street, PO Box 188, Duncan, SC 29334”
Phone: 864-439-2664

City: Duncan
County: Spartanburg
State: South Carolina

What is the role of the Duncan Municipal Court?

Municipal Courts are routinely called “courts of limited jurisdiction.” Which means that they handle minor criminal charges, civil cases, and traffic matters. Courthouses like Duncan Municipal Court are the first level of court for this group of matters.

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 divorce or other family matters, injury cases, more serious criminal infractions, or contract disputes.

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 matters and bigger civil matters.

TYPES OF Matters HEARD IN A MUNICIPAL COURT in Duncan, South Carolina

Municipal courts are the bottom rung 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 service their people or to save money on administrative costs. The matters that will be heard by a municipal court can change based on on the municipality, but typically include traffic crimes, small criminal charges and code infractions.

There is no set definition for what constitutes a misdemeanor versus a felony, 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 Duncan?

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

Judges administer hearings to determine:

Probable cause for arrest
Set bail amounts and the conditions of release
Conduct arraignment hearings when charges are filed against defendants by police officers
Distribute search warrants to police officers in order to secure evidence from crime locations
Conduct preliminary inquiries to learn if there is enough evidence to issue a charge

The Process of a Municipal Court Case

The process of a municipal court case can be tricky. The following material is an overview of the steps involved in a typical municipal court case.

Step One: Issuance of Summons

A summons from the court is issued when an individual has been charged with violating a local ordinance or state law. The individual who has received the court summons will need to appear at their assigned time and place, which is usually the municipal courtroom, to answer for the charge(s) against them. If they never appear, they may be found guilty anyways and could be fined up to $1,000.00 or given a jail term if it’s a serious enough offense.

Step Two: Appearance before Judge or Magistrate

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

Municipal Court Penalties in Duncan, SC

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

A violation is an offense that carries a penalty of $500 or below, while a misdemeanor charge can have penalties up to $1,000.00 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 license for it then you will be fined up to $2k or spend up to six months in jail.

Duncan Municipal Court Records

Municipal Court records from a municipal court may be difficult to find because they are not always stored in one area or system. The records that a person might need to depend on the type of matter they have in front of the court, what stage it is at in the process, and what type of information is needed by law to be present.

Questions ABOUT the Duncan Municipal Court

What is municipal court in Duncan, South Carolina?

In South Carolina, the municipal court is a lower level with civil and criminal matters within a city or municipality. Municipal courts thus have a small area of influence and have limited authority as well, dealing only with petty offenses and misdemeanors.

What does the municipal court handle in Duncan, 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. Serious cases/crimes are deal with by higher authorities.

How many judges does the Duncan 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 court judge may be either elected or appointed to serve for a set term of years or until they retire. Judges are commonly elected by precincts with each precinct’s results evaluated according to population. Municipal magistrates are often not attorneys but have some legal education and must complete multiple hours of ongoing education every year to maintain their licenses.