Hemingway Municipal Court – Hemingway, SC

Oct 26, 2021

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

Hemingway Municipal Court INformation

Court: Hemingway Municipal Court
Address: “110 South Main Street, PO Box 968, Hemingway, SC 29554”
Phone: 843-558-2551

City: Hemingway
County: Williamsburg
State: South Carolina

What is the purpose of the Hemingway Municipal Court?

Municipal Courts are routinely called “courts of limited jurisdiction.” Which means that they work with minor crimes, civil cases, and traffic violations. Courthouses like Hemingway 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, personal injury, more serious criminal charges, or breaches of contract.

County courthouses 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 cases.

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

Municipal courts are the entry level of courts in the United States. 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 help their population or to save money on overhead costs. The matters that may be heard by a municipal court can change based on on the municipality, but typically include traffic matters, criminal misdemeanors and code violations.

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

What’s the process for cases in the municipal court in Hemingway?

Municipal courts are the entry level of the court system in the United States. They have jurisdiction over minor crimes, traffic crimes, and other civil matters. Municipal courts are have often been called city courts or town courts. Matters 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 assist for a specific time.

Judges administer hearings to determine:

  • Probable cause for an arrest
  • Set bail amounts and conditions of release
  • Conduct arraignment hearings when charges are filed against individuals by police officers
  • Distribute search warrants to law enforcement officers in order to protect evidence from crime locations
  • start preliminary examinations to establish if there is enough evidence to charge

The common process of a Municipal Court Case

The process of a municipal courthouse case can be tricky. The next portion is an overview of the most common steps involved in a typical municipal court matter.

Step One: Issuance of Summons

A summons from the court is issued when someone has been charged with violating a town rule or state law. The individual who has received the summons will need to be present at their assigned time and courthouse, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t appear, they may be found guilty anyways and could be fined up to $1000 or given a jail term if it’s a serious enough offense.

Step Two: Show Up 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 Hemingway, SC

Penalties change often, which is why it’s best to speak with licensed lawyer near you. The information below represents common penalties, but may not be accurate for the Hemingway Municipal Court. 

A violation is an offense that has a penalty of $500 or below, while a misdemeanor can carry 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 courthouses vary depending on the severity of an crimes. For example, if you are caught with marijuana without having a prescription for it then you could be fined up to $2,000 or spend up to six months in jail.

Hemingway Municipal Court Records

Municipal Court records from a municipal court could be difficult to find because they are not always stored in one area or system. The records that an individual might need to depend on the type of case they have in front of the court, what stage it is at in the process, and what kind of of information is required by law to be available.

Questions ABOUT the Hemingway Municipal Court

What is municipal court in Hemingway, South Carolina?

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

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

Depending on the size 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 Hemingway Municipal Court have?

The number of judges depends on the municipality’s population.

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 duration or until retirement. Judges are commonly chosen by the people with each precinct’s results weighted according to the number of people. Municipal judges are often not attorneys but have some legal education and must finish many hours of continuing courses every year to maintain their licenses.