About the Victim’s Bill Of Rights
 Court Descriptions
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Court Descriptions

Criminal offenses in the City of Hanahan may be tried in one of three types of courts. Which court is used is determined by the level of crime, also called the jurisdiction of the court. A description of each court follows:

Summary Courts (Magistrates and Municipal Courts)

The Summary Courts are authorized to hear criminal cases with a maximum penalty of thirty (30) days in jail and/or a fine of Five Hundred ($500.00) Dollars. These cases are heard by the courts at bench trials, where the judge acts as fact finder, and jury trials, where a jury is chosen to hear the case. All preliminary hearings for criminal cases where the sentence is greater than 30 days or a $500.00 fine is heard by the Summary Courts. The defendant usually has an attorney at these hearings.

This is also the court where criminal defendants have an initial appearance before a judge after arrest and bond is set; usually the defendant and investigating officer are the only persons to appear at this time. When handling bond matters, the judges review available information in the case; taking into account the nature and circumstances of the offenses charged, the accused's family ties, employment, financial resources, character and mental condition, the length of residence in the community, record of convictions, and any record of flight to avoid prosecution or failure to appear at other court proceedings.

Bench trials are informal for the benefit of the people who generally appear without lawyers. The investigating officer acts as the prosecutor, gives a summary of the investigation and presents any witnesses. Evidence rules apply but are relaxed. All defendants can request a jury trial in person on their court date. Otherwise, a written request must be received by the Court before the scheduled date and time of appearance.

Family Court

Family Court is charged with the responsibility of handling criminal charges that may be brought against juvenile offenders in South Carolina. These offenders are defined by law as persons who are less than seventeen years old when the crime was committed. Investigating officers make "referrals" rather than sign arrest warrants. These referrals are reviewed by the Department of Juvenile Justice and the Solicitor's Office. If the cases require a formal disposition in court, the Solicitor's staff handles the case in much the same fashion as a General Sessions Court case. Pretrial conferences are planned and the cases are scheduled for court. Attention is given to making this process as easy for victims and witnesses as the crowded court dockets will allow. Family Court Judges can place juvenile offenders on probation with conditions, require counseling, restitution, incarceration and presentence evaluations among other sentences. In rare cases, juveniles can be "waived up" to General Sessions Court for prosecution as adult offenders.

Juveniles are normally released to their parents' custody after being referred to Family Court, but they are sometimes detained due to the nature of the offense or past history with law enforcement authorities. Detention hearings, much like bond hearings, are held before the court within seventy-two hours of detention. Family Court judges consider the same factors as Summary Court judges in determining whether to release or continue to detain the juvenile.

General Sessions Court

This is the criminal trial court of unlimited sentencing jurisdiction for South Carolina. Here those cases with the most severe punishments, including the death penalty, are tried. The Courts of General Sessions are located at the county courthouses where the offense took place. When these cases are heard, a prosecuting attorney, from the Solicitor's Office, represents the people and is assisted by the Solicitor's Victim/Witness staff. The defendant is usually represented by an attorney. Often, several months pass before a case is scheduled for court, but members of the Solicitor's staff hold "pretrial conferences" to prepare for these court appearances in advance. Bench trials are very rare, and should a defendant request a trial, a jury is normally selected to hear the case.

At times bond hearings or hearings to request a mental evaluation for a defendant are scheduled in General Sessions Court. As in the Summary Courts and Family Courts, before setting bond or ordering an evaluation, the judge considers the nature and circumstances of the offenses charged; the defendant's family ties, employment, financial resources, character and mental condition, the length of residence in the community, record of convictions and any record of flight or failure to appear at other court proceedings.

Victims and witnesses are contacted by telephone or mail about attending these conferences and court hearings. Many times these cases are resolved by guilty pleas without a trial and the amount of time that you may be required to be at court is monitored to keep inconvenience to a minimum.

[ Full text of the South Carolina Victim's Bill of Rights. ]