Iva Municipal Court – Iva, SC

by | Oct 26, 2021

A municipal court is a court with small jurisdiction over criminal charges and civil matters within its location. These courts can be located at the county or city level.

Iva Municipal Court INformation

Court: Iva Municipal Court
Address: “204 E Jackson Street , Iva, SC 29655”
Phone: 864-348-6192

City: Iva
County: Anderson
State: South Carolina

What is the role of the Iva Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” Which means that they handle minor crimes, civil disputes, and traffic matters. Courthouses like Iva Municipal Court are the first level of court for this group of matters.

In other situations, the purpose 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 not exceed the amount of $15k, while the circuits courts handle felonies and more expansive civil cases.

TYPES OF affairs HEARD IN A MUNICIPAL COURT in Iva, South Carolina

Municipal courts are the bottom rung of courts in the United States. They are usually found within the jurisdiction where they are located, but some jurisdictions share municipal courts with other municipalities.

This can be done to better assist their people or to save money on overhead costs. The matters 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 see a set definition for what constitutes a misdemeanor versus a felony case, 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

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

Municipal courts are the first tier of the court system in the United States. They have jurisdiction over minor crimes, traffic tickets, and other civil matters. Municipal courts are have often been called 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 time period.

Judges preside over hearings to determine:

  • Probable cause for 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 seize evidence from crime locations
  • Conduct preliminary examinations to understand if there is enough evidence to issue a charge

The common process of a Municipal Court matter

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

Step One: An Issuance of Summons

A summons is sent when someone has been charged with violating a local rule or state law. The person who has received the court summons will need to appear at their assigned time and courthouse, which is usually the municipal courtroom, to answer for the charge(s) against them. If they don’t show up, they may be found guilty anyways and could be fined up to $1k 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 Iva, SC

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

A violation is a crime that carries a penalty of $500 or below, while a misdemeanor crime can carry penalties up to $1,000.00 or one year in 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 charges 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 could be fined up to $2k or spend up to six months in jail.

Iva 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 an individual might need to depend on the type of charge they have before the court, what stage it is at in the process, and what kind of of information is needed by law to be present.

FAQs ABOUT the Iva Municipal Court

What is municipal court in Iva, South Carolina?

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

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

Depending on the area 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 Iva 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 duration or until they retire. Judges are commonly elected by precincts with each precinct’s results weighted based on population. Municipal judges are often not lawyers but have some legal training and must finish multiple hours of continuing courses every year to maintain their licenses.