McClellanville Municipal Court – McClellanville, SC

Oct 26, 2021

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

McClellanville Municipal Court INformation

Court: McClellanville Municipal Court
Address: “405 Pinckney Street, McClellanville, SC 29458”
Phone: 843-887-3712

City: McClellanville
County: Charleston
State: South Carolina

What is the role of the McClellanville Municipal Court?

Municipal Courts are commonly called “courts of limited jurisdiction.” Which means that they handle minor criminal charges, civil disputes, and traffic incidents. Courts like McClellanville 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 divorce or other family matters, accident cases, more serious criminal infractions, or contract disputes.

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 cases and bigger civil cases.

TYPES OF Matters adjudicated IN A MUNICIPAL COURT in McClellanville, South Carolina

Municipal courts are the bottom rung of courthouses in the U.S.. 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 serve their population or to save money on administrative costs. The matters that may be heard by a municipal court vary depending on the municipality, but typically include traffic tickets, low level criminal charges and code violations.

There is no set definition for what makes a misdemeanor charge versus a felony, 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

how are cases managed in the municipal court in McClellanville?

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

Judges preside over 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
  • Issue search warrants to law enforcement officers in order to seize evidence from crime scenes
  • Conduct preliminary examinations to understand if there is enough evidence to issue a charge

The Process of a Municipal Court matter

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

First Step: An Issuance of Summons

A summons from the court is issued when someone has been charged with violating a local ordinance or state law. The individual who has received the court summons will need to show up at their assigned time and place, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t come, 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.

Second Step: 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 McClellanville, SC

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

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

McClellanville Municipal Court Records

Municipal Court records from a municipal government could be difficult to find because they are not always stored in one location 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.

FAQs ABOUT the McClellanville Municipal Court

What is municipal court in McClellanville, South Carolina?

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

What does the municipal court handle in McClellanville, 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 handled by higher authorities.

How many judges does the McClellanville 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 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 the people with each precinct’s results weighted according to population. Municipal magistrates are often not lawyers but have some legal training and must finish many hours of continuing courses every period to maintain their licenses.