When facing criminal charges in South Carolina for the first time, it can be confusing trying to understand where your case is going next, what kind of courtroom you might find yourself in, and what kind of sentencing you can be facing. The criminal justice process can be long and tedious, and more than intimidating to those under its thumb.
At Touma Law Group, we take our job as defense attorneys seriously and spend every day representing our clients in South Carolina courts. We work with South Carolina criminal law and apply it to our clients’ real cases.
What is Circuit Court?
While there are many types of courts in South Carolina, from Family Court to Probate Courts, the Circuit Court is the state’s general trial court. It has original jurisdiction in civil and criminal cases, except those cases that are given exclusively to other courts (S.C. Const. art. V, § 11). Which court hears a criminal charge depends mostly on the possible penalty:
- Magistrate and municipal courts (summary courts): offenses that carry a fine of up to $500, up to 30 days in jail, or both (S.C. Code Ann. § 22-3-550 and S.C. Code Ann. § 14-25-45)
- General Sessions Court (the criminal division of the Circuit Court): felony and misdemeanor offenses with a possible penalty above those limits, up to the death penalty
- Common Pleas Court (the civil division of the Circuit Court): civil cases, not criminal charges
The South Carolina Judicial Branch describes these divisions in its FAQ on criminal court.
If you are not sure which court you will be sent to, look at the maximum penalty for the crime you have been charged with. If the possible penalty is greater than a $500 fine or 30 days in jail, the charge is generally heard in General Sessions Court. There is one exception to know about. For a case with a maximum penalty of no more than $5,500 or one year in jail, the solicitor may ask a circuit judge to transfer the case from General Sessions Court to a magistrate or municipal court, and you may object to the transfer and keep your case in General Sessions Court (S.C. Code Ann. § 22-3-545).
What is General Sessions Court?
General Sessions Court hears felony and misdemeanor cases where the possible penalty is more than 30 days in jail or more than a $500 fine. That can include offenses such as burglary and drug charges. Repeat DUI charges carry possible jail terms of more than 30 days (S.C. Code Ann. § 56-5-2930), so they may also be handled in General Sessions Court.
In a General Sessions case, you will first have a bond hearing, which must take place within 24 hours of arrest for a bailable offense. Magistrate and municipal judges hold most bond hearings, and a circuit judge sets bond on charges that carry life imprisonment or death (S.C. Code Ann. § 22-5-510). The judge decides whether you can be released and what conditions will apply.
After the bond hearing, you may request a preliminary hearing within ten days of being notified of that right. A magistrate or municipal judge presides over it and decides whether there is probable cause to send the charge to General Sessions Court. Your attorney may cross-examine the State’s witnesses, but the defense generally may not submit its own evidence at this hearing (S.C. Rules of Criminal Procedure, Rule 2 and the Judicial Branch FAQ).
A grand jury, a panel of 18 citizens of whom 12 must agree (S.C. Const. art. V, § 22), then decides whether you will be indicted. If it finds sufficient reason, it returns a “true bill” and issues an indictment, and if not, it returns a “no bill.” If you are indicted, you will have a first and a second appearance in court. The first appearance is meant to make sure you either have an attorney or can be screened for a public defender. At the second appearance, you tell the judge whether you want to plead guilty or request a jury trial, and the judge places your case on either a plea docket or a trial docket (Judicial Branch FAQ).
Before your second appearance, your attorney may contact the prosecutor to discuss whether a plea agreement is possible.
If you do not plead guilty, the next step in General Sessions Court is a trial before a jury of twelve (S.C. Rules of Criminal Procedure, Rule 14). All of the jurors must agree to a verdict.
Are There Exceptions?
The process above is how most cases go through the system, but there may be some exceptions. For example, bail may be denied to a person charged with a capital offense, an offense punishable by life imprisonment, or a violent offense defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event (S.C. Const. art. I, § 15). The violent offenses are listed in S.C. Code Ann. § 16-1-60. If you are held in jail before trial, South Carolina law requires that you receive full credit against your sentence for time served before trial and sentencing, with exceptions listed in the statute. Two of those exceptions are when you commit a subsequent crime while out on bond and when your bond has been revoked on any charge before trial or plea (S.C. Code Ann. § 24-13-40).
You may also ask for a non-jury trial. A defendant may waive the right to a jury trial only with the approval of the solicitor and the trial judge (Rule 14). In a non-jury trial, which is also called a bench trial, the judge hears the entire case and makes the decision instead of a jury.
Learn More: What is Pre-Trial Intervention?
Sentencing Hearing
The last step of General Sessions court is the sentencing. Whether your case ends in a guilty plea, a jury trial, or a bench trial, the judge imposes the sentence after a guilty plea or a guilty verdict, and it can include imprisonment, fines, and probation (Judicial Branch FAQ).
The possible penalty depends on the offense. The 30 days and $500 figures described above are the upper limit for magistrate and municipal courts, not a minimum sentence in General Sessions Court. Penalties are set by the statute for each offense and can reach up to life in prison or, for certain murder convictions, death (S.C. Code Ann. § 16-3-20).
Judges set sentences within the minimums and maximums set by state law, based on the circumstances of the offense, the defendant’s criminal history, and other factors. Some offenses carry mandatory minimum and maximum sentences that leave the judge with little choice (Judicial Branch FAQ).
You will also have the right to appeal. A defendant generally has 10 days after sentencing to serve a notice of appeal, and most appeals from General Sessions Court go to the South Carolina Court of Appeals (Judicial Branch FAQ).
What Crimes Qualify for General Sessions Court?
Any crime can end up in General Sessions Court if its possible penalty goes beyond the limits of magistrate and municipal courts. Felony charges carry penalties above those limits, so they are heard in General Sessions Court. For example, a Class F felony carries up to five years in prison (S.C. Code Ann. § 16-1-20). Repeat offenses often carry greater penalties, which can also place them in General Sessions Court.
The possible penalty, rather than whether an offense is classified as violent or nonviolent, mainly determines the court. For example, an offense with a maximum penalty of 30 days in jail and a $500 fine is within the jurisdiction of a magistrate or municipal court. An offense that carries up to a year in jail goes beyond those limits and will be in General Sessions Court, unless it is transferred as described above.
Your attorney will be able to explain which court is hearing your case and what to expect there. Having an attorney before you attend court can help you understand your options and prepare for General Sessions Court.
Call Our Firm to Learn How We Can Help With General Sessions Court Hearings
If you are being charged with any criminal activity in the state of South Carolina, no matter what stage your charges are in, you should talk to Greenville criminal defense attorneys about your case. At Touma Law Group, we spend every day representing our clients in South Carolina courtrooms, and we can walk you through the process and your options.
Call us today for a free consultation and legal advice, and let’s work together to build a defense for your case.
