Criminal Defense Attorney Hanahan, SC

Quick Answer: Lower-level offenses inside Hanahan city limits are usually heard in Hanahan Municipal Court. Felonies and serious misdemeanors go to the Berkeley County Court of General Sessions in Moncks Corner and are prosecuted by the Ninth Circuit Solicitor’s Office, while charges against juveniles go to Family Court. Many first offenders may qualify for diversion and expungement, and outstanding bench warrants can often be resolved with a lawyer’s help.

On this page:

• Which court will hear a Hanahan case?
• What if you have a bench warrant?
• What happens with a probation violation?
• What happens when a teenager is charged?
• What should you know about a Hanahan DUI?
• What about driving under suspension?
• How are drug charges handled?
• What about domestic violence charges?
• Can a first offense be dismissed?
• What should you say to police?

Which Court Will Hear a Hanahan Criminal Case?

Municipal and magistrate courts generally hear offenses punishable by up to 30 days or a $500 fine, plus certain offenses assigned by statute, such as many first-offense DUI and driving under suspension charges.

What If You Have a Bench Warrant in Hanahan?

A bench warrant is often issued when someone misses a court date or fails to pay a fine. It does not go away on its own, and it can lead to an arrest during a routine traffic stop. In many cases, a lawyer can contact the court to reschedule the case or arrange for you to turn yourself in at a planned time, which can avoid an unexpected arrest and may improve the outcome. Missed court dates can also cause a license suspension, so resolving the warrant can help get you back on the road legally.

What Happens With a Probation Violation?

If you are on probation and are accused of violating it, such as by missing appointments, failing a drug test, falling behind on payments or picking up a new charge, the court may hold a revocation hearing. The judge can continue probation, add conditions or revoke probation and impose some or all of the suspended sentence. Showing that you have addressed the problem, such as by catching up on payments or entering treatment, can make a significant difference, and the details of the alleged violation matter.

What Happens When a Teenager Is Charged in Hanahan?

Charges against people under 17 generally go to Family Court, where the focus is on rehabilitation. Common juvenile charges include school-related fights, vandalism, shoplifting and alcohol or marijuana possession. Diversion programs are often available, and protecting a young person’s record from the start can preserve school and job opportunities.

What Should You Know About a Hanahan DUI?

A DUI arrest creates a criminal case and, if you refused the breath test or tested at .15 or higher, an administrative license suspension under S.C. Code Section 56-5-2950. You generally have 30 days to request a hearing to challenge the suspension. S.C. Code Section 56-5-2953 generally requires video of the stop, field sobriety tests and breath test, and missing or incomplete video can lead to dismissal.

What About Driving Under Suspension?

Driving under suspension is often the result of unpaid tickets, missed court dates or insurance lapses rather than serious violations. Penalties increase with each offense and depend on the reason for the suspension. Getting your license reinstated before court, when possible, can lead to a much better outcome, so bring any DMV letters to your consultation.

How Are Drug Charges Handled?

Simple possession of a small amount of marijuana is a misdemeanor, while larger amounts, intent to distribute and trafficking can be felonies with mandatory minimums. Many first-time possession charges may qualify for a conditional discharge under S.C. Code Section 44-53-450. The lawfulness of the search is often the key issue.

What About Domestic Violence Charges?

Domestic violence offenses are graded by degree under S.C. Code Section 16-25-20, and bond conditions usually prohibit contact with the alleged victim. The State decides whether to prosecute, and a conviction can affect firearm rights, custody and employment.

Can a First Offense in Hanahan Be Dismissed?

Often. The Ninth Circuit Solicitor’s Office offers pretrial diversion, including Pretrial Intervention (“PTI”) under S.C. Code Section 17-22-10 et seq., for eligible first offenders. Completing a program generally leads to dismissal, and dismissed charges can generally be expunged under S.C. Code Section 17-1-40.

What Should You Say to Police?

Very little, without a lawyer. You have the right to remain silent and to an attorney. Politely ask for a lawyer, and avoid discussing your case on recorded jail calls, by text or on social media.

Do Traffic Tickets Really Matter?

They can. Points accumulate on your driving record, and too many points in a short period can lead to a suspension. Some tickets, such as reckless driving or speeding far over the limit, carry heavier points and insurance consequences. A lawyer can sometimes negotiate a reduction that keeps points off your record, which can save money on insurance for years.

What Happens at a Bond Hearing After a Hanahan Arrest?

After booking at the Berkeley County detention center, a judge holds a bond hearing, usually within a day, and sets release conditions based on the charge, any prior record, ties to the community and whether the person poses a danger or flight risk. For many lower-level charges, release is on a personal recognizance bond or a set amount. For domestic violence and other violent charges, the judge often adds conditions such as no contact with the alleged victim or staying away from a residence. Violating a bond condition can lead to a new charge or revocation of bond, and a lawyer can ask the court to modify conditions that are unworkable.

When Can Police Search Your Car?

Police generally need a lawful reason to stop a car and a separate legal basis to search it, such as consent, probable cause, a search incident to a lawful arrest in limited situations, or an inventory after a lawful impound. You are not required to consent to a search, and politely declining cannot by itself justify one. If a search was unlawful, a court may suppress the evidence, which can lead to dismissal of drug and weapons charges. Body camera and dash camera video often shows exactly how a stop unfolded, so we request it early.

What Are the Long-Term Consequences of a Conviction?

Beyond fines or jail, a conviction can affect jobs, professional licenses, housing, student aid, firearm rights and, for non-citizens, immigration status. Commercial drivers face added license consequences. We weigh these effects carefully before recommending any plea, because they often matter more than the sentence itself.

What Should You Bring to Your First Meeting?

Bring your ticket or arrest paperwork, bond papers, court notices, any DMV letters and the names of witnesses, along with photos, texts or receipts related to what happened. If you have an old warrant or are on probation, bring any paperwork you have about those cases as well, so we can address everything at once.

Related pages: Our main North Charleston criminal defense lawyer and Charleston criminal defense lawyer pages explain this practice area in more depth. Clients in Hanahan also turn to our Hanahan personal injury lawyer, Hanahan car accident lawyer, Hanahan workplace injury lawyer, Hanahan medical malpractice lawyer and Hanahan wrongful death lawyer pages, and we handle the same kinds of cases for clients who need a criminal defense lawyer in Goose Creek or a criminal defense lawyer in Ladson.

If you have been charged with a crime in Hanahan, SC, our Hanahan criminal defense lawyers at Clekis Law Firm can explain your options. Call 843-900-0000 or contact us to schedule a consultation. Our North Charleston office at 2850 Ashley Phosphate Road is open 24 hours a day, seven days a week, and we also meet clients by appointment at our Charleston office on Church Street.

Attorney responsible for this page: Nicholas J. Clekis, Clekis Law Firm, 2850 Ashley Phosphate Road, North Charleston, SC 29418.