Moncks Corner Municipal Court – Moncks Corner, SC

by | Oct 26, 2021

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

Moncks Corner Municipal Court INformation

Court: Moncks Corner Municipal Court
Address: “118 Carolina Avenue, PO Box 700, Moncks Corner, SC 29461”
Phone: 843-719-7918

City: Moncks Corner
County: Berkeley
State: South Carolina

What is the role of the Moncks Corner Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” This means that they deal with minor crimes, civil cases, and traffic matters. Courthouses like Moncks Corner Municipal Court are the first level of court for this group of matters.

On the other hand, 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 breaches of contract.

County courthouses have the jurisdiction to deal with misdemeanors and civil actions that won’t exceed the amount of $15,000, while the circuits courts handle felony cases and bigger civil matters.

TYPES OF CASES HEARD IN A MUNICIPAL COURT in Moncks Corner, 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 expenditures. The matters that will be heard by a municipal court can change based on on the municipality, but typically include traffic tickets, low level crimes and code violations.

There is no set definition for what makes a misdemeanor versus a felony charge, 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 handled in the municipal court in Moncks Corner?

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 popularly known city courts or town courts. Matters 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 assist for a specific time period.

Magistrates preside over hearings to determine:

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

The typical process of a Municipal Court matter

The common path of a municipal courthouse case can be complicated. The following is an overview of the most common steps involved in a regular municipal court matter.

Step One: Issuance of Summons

A summons is sent when a person has been charged with violating a city ordinance or state law. The person who has received the summons will need to show up at their assigned time and courthouse, which is usually the municipal courtroom, to answer for the charge(s) against them. If they fail to appear, they may be found guilty in absentia and could be fined up to $1k or sentenced to jail time if it’s a serious enough offense.

Step Two: Show Up 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 Moncks Corner, SC

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

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

Moncks Corner Municipal Court Records

Municipal Court records from a municipal government 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 matter they have before the court, where it’s at in the process, and what type of information is needed by law to be available.

FAQs ABOUT the Moncks Corner Municipal Court

What is municipal court in Moncks Corner, 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 location and have limited authority as well, dealing only with petty offenses and misdemeanor crimes.

What does the municipal court handle in Moncks Corner, 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 Moncks Corner Municipal Court have?

The count 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 duration or until they retire. Judges are commonly chosen by precincts with each precinct’s results weighted based on the number of people. Municipal magistrates are generally not attorneys but have some legal education and must complete many hours of ongoing material every year to maintain their licenses.