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Criminal
prosecutions take place
within a variety of courts in South Carolina.
Summary Courts- in S.C., summary courts
are comprised of municipal or city courts, and magistrates courts. These courts have both civil and criminal jurisdiction.
Jurisdiction in criminal cases is limited to misdemeanors punishable by fines of no more than $1,000.00 plus court costs
nor sentences of no more than 90 days. Typical criminal cases prosecuted in these courts are simple possession of marijuana,
DUI, DUS, petty larceny and criminal domestic violence CDV.
Most citizens have interaction
with summary courts. Many never see the inside of a state or federal criminal trial court unless he or she is summoned for
jury duty.
Circuit
Courts- These courts have both civil and criminal jurisdiction. Criminal jurisdiction
includes all misdemeanors and felonies. The criminal court, known as the court of General Sessions, is considered felony trial
courts. Guilty pleas are entered there as well. These trial court are capable of hearing charges as serious as those that
provide for the death penalty.
Federal
Court- In criminal matters, federal courts have jurisdiction over cases that are violations of federal law as set forth
in the United States Code. These cases are those typically made by the FBI, DEA, BATF, ICE, Homeland Security and other federal
law enforcement entities. Sentencing in federal court is primarily governed by the United States Sentencing Guidelines adopted
in 1987. These guidelines determine sentencing ranges in months for federal offenses of conviction up to life imprisonment.
Parole was abolished upon adoption of the guidelines. More can be learned about the guidelines by anyone at http://www.ussc.gov
Appellate Courts- appeals from Summary Courts are heard
by Circuit Courts. Appeals from Circuit Court are heard by the South Carolina Court of Appeals and the South Carolina Supreme
Court. More can be learned about the South Carolina Appellate system
www.judicial.state.sc.us.
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Types of Criminal Cases I Accept
- Controlled substance offenses, state and federal
- Drug Trafficking, State and Federal
- DUI, Driving Under
Suspension, summary court and General Sessions
- Assault-simple, aggravated,
with intent to kill
- Larceny
- Murder
- Felony Driving Under the Influence
- Criminal Domestic
Violence
- Armed Robbery
- Counterfeiting
- White Collar Crime
- Computer Crimes
- Internet Crimes
- Criminal Sexual Assault Crimes
- Federal Mail and Wire Fraud
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