Criminal Defense Attorney Charleston & North Charleston, SC

Quick Answer: North Charleston criminal cases may be heard in North Charleston Municipal Court, a county magistrate court or the Court of General Sessions, and because the city spans Charleston, Berkeley and Dorchester Counties, the prosecuting office may be the Ninth Circuit or the First Circuit Solicitor’s Office. Many first offenses qualify for diversion and expungement. In a DUI case, South Carolina requires video of the arrest and breath test, and you generally have 30 days to challenge a license suspension.

On this page:

• Which court and prosecutor will handle your case?
• What happens at a bond hearing?
• How are DUI cases defended in North Charleston?
• What if you are charged with driving under suspension?
• How are domestic violence charges handled?
• What are the consequences of a shoplifting charge?
• What about gun charges after South Carolina’s carry law changes?
• How can you protect your record?
• Which court will hear your Charleston criminal case?
• What if you are a college student or a visitor?
• How are drug possession charges handled?
• Can a first offense be dismissed through a diversion program?
• Should you talk to the police about your case?

Which Court and Prosecutor Will Handle Your North Charleston Case?

It depends on the charge and the county where the alleged offense happened. The following table summarizes how cases from the North Charleston area are generally handled:

Notably, magistrate and municipal courts generally hear offenses punishable by up to 30 days or a $500 fine, along with certain offenses the legislature has assigned to them, such as many first-offense DUI and driving under suspension charges. Knowing which court and which solicitor’s office you are dealing with shapes the options available, including diversion programs.

What Happens at a Bond Hearing After a North Charleston Arrest?

After booking, a judge sets bond, generally considering the charge, criminal history, ties to the community and any danger to others. For many offenses, a person is released on a personal recognizance bond or a set amount. In domestic violence and some other cases, the judge often adds conditions, such as no contact with the alleged victim or staying away from a residence.

Importantly, violating a bond condition can lead to new charges or revocation of bond, even if the alleged victim agrees to contact. If you need a bond condition changed, a lawyer can ask the court to modify it.

How Are DUI Cases Defended in North Charleston?

South Carolina has some of the strictest DUI evidence rules in the country, and they matter in every case. Under S.C. Code Section 56-5-2953, a person arrested for DUI generally must have the conduct at the incident site and the breath test site video recorded, including the field sobriety tests and the reading of rights. When the required video is missing or incomplete without a valid exception, the charge may be subject to dismissal.

In addition, breath tests in South Carolina are generally performed on a DataMaster instrument, and the State must show the test was administered according to required procedures. Separately, refusing a breath test or testing at .15 or higher generally triggers an administrative license suspension under the implied consent law, S.C. Code Section 56-5-2950, and you generally have 30 days to request a hearing to challenge it.

What If You Are Charged With Driving Under Suspension?

Driving under suspension is one of the most common charges we see in North Charleston, often discovered at a routine traffic stop. Many suspensions stem from unpaid tickets, insurance lapses or missed court dates rather than serious violations. Penalties generally increase with each offense and depend on the reason for the suspension, and repeated convictions can lead to habitual traffic offender status. In many cases, resolving the underlying suspension before court can significantly improve the outcome, so bring any DMV letters you have to your consultation.

How Are Domestic Violence Charges Handled in North Charleston?

Domestic violence charges in South Carolina are graded by degree under S.C. Code Section 16-25-20, based on factors such as the injury alleged, prior convictions and whether a weapon was involved. Lower degrees are often heard in municipal or magistrate court, while higher degrees go to General Sessions.

Notably, an alleged victim cannot simply “drop the charges,” because the State decides whether to prosecute. A domestic violence conviction can also affect firearm rights, child custody and employment, so these cases call for careful attention from the start.

What Are the Consequences of a Shoplifting Charge?

North Charleston’s large retail centers mean shoplifting charges are common. In South Carolina, shoplifting is graded by the value of the merchandise, and lower-value offenses are generally heard in magistrate or municipal court while higher-value offenses can be felonies. Even a low-level conviction creates a theft record that shows up on background checks. For many first offenders, a diversion program can lead to dismissal and expungement, which is often the most important goal.

What About Gun Charges After South Carolina’s Carry Law Changes?

Since 2024, South Carolina has allowed many adults who may lawfully possess a handgun to carry one without a permit. However, the law still prohibits certain people from possessing firearms, limits where guns can be carried and imposes enhanced penalties in some situations. As a result, weapons charges still arise frequently, often alongside other charges after a traffic stop. These cases turn on the specific facts, including whether the search that found the gun was lawful.

How Can You Protect Your Record After a North Charleston Arrest?

Often, through diversion and expungement. The solicitor’s offices offer pretrial programs, including Pretrial Intervention (“PTI”) under S.C. Code Section 17-22-10 et seq., for eligible first offenders charged with certain nonviolent offenses, and completing the program generally leads to dismissal. Dismissed charges and not guilty verdicts can generally be expunged under S.C. Code Section 17-1-40, and some first-offense convictions may be expunged after a waiting period.

Above all, do not discuss the case with investigators, on recorded jail phone calls or on social media. You have the right to remain silent and the right to a lawyer, and using those rights cannot be held against you. For injury claims arising from the same incident, see our North Charleston personal injury lawyer page.

Which Court Will Hear Your Charleston Criminal Case?

It depends on the charge and where the arrest happened. The following table summarizes how criminal cases in Charleston are generally divided:

Notably, under S.C. Code Section 22-3-550, magistrates generally have jurisdiction over offenses punishable by no more than 30 days in jail or a $500 fine, although other statutes give these courts jurisdiction over specific offenses with higher penalties. In any of these courts, you have the right to a lawyer and, in most cases, the right to a jury trial.

What If You Are a College Student or a Visitor Charged in Charleston?

Charleston’s colleges and its nightlife districts mean that many people charged here are students or visitors. Common charges include underage possession of alcohol, using a fake or altered ID, public intoxication and open container violations, and disorderly conduct. These charges may seem minor, but a conviction can affect scholarships, professional licenses, security clearances and future job applications.

For out-of-state defendants, the practical problem is often getting back to Charleston for court. In many lower-level cases, a lawyer can appear on the client’s behalf or resolve the case with fewer trips. In addition, a student may face a separate disciplinary process at school, which runs on its own timeline.

How Are Drug Possession Charges Handled in Charleston?

It depends on the substance, the amount and whether the State alleges an intent to distribute. Simple possession of a small amount of marijuana is a misdemeanor in South Carolina, while possession of larger amounts, or possession with intent to distribute any controlled substance, can be a felony heard in General Sessions. Notably, the weight of the drugs can trigger a trafficking charge with mandatory minimum sentences.

For many first-time possession charges, S.C. Code Section 44-53-450 allows a conditional discharge, which can result in dismissal after the person completes probation-type conditions. Many drug cases also turn on whether the search that found the drugs was legal, so we look closely at how the officer came to search the car, the person or the home.

Can a First Offense Be Dismissed Through a Diversion Program?

Often, yes. The Ninth Circuit Solicitor’s Office runs pretrial diversion programs, including Pretrial Intervention (“PTI”) under S.C. Code Section 17-22-10 et seq., which is generally available to people without prior records who are charged with eligible nonviolent offenses. Other programs address alcohol-related offenses by young people and certain drug offenses. A participant who completes the program’s requirements, such as classes, community service, restitution and fees, generally has the charge dismissed.

However, eligibility depends on the charge and your history, admission is not automatic, and some offenses, including DUI, are generally excluded from PTI. We can tell you which programs may apply to your case.

Should You Talk to the Police About Your Case?

Generally, not without a lawyer. You have the right to remain silent and the right to an attorney, and statements made “to clear things up” are often used as evidence. You can politely say that you want to speak with a lawyer before answering questions. Likewise, do not discuss the case on the phone from jail, on social media or by text, since those communications are frequently recorded or obtained by the State.

Do you help clients outside Charleston and North Charleston?

Yes. Criminal cases are heard in the court where the offense happened, and we represent clients in municipal, magistrate and General Sessions courts across the Lowcountry. We have dedicated pages for clients who need a criminal defense lawyer in Summerville, criminal defense lawyer in Goose Creek, criminal defense lawyer in Ladson, criminal defense lawyer in Hanahan, criminal defense lawyer in Ravenel, criminal defense lawyer in Hollywood and criminal defense lawyer in Walterboro. Each page covers the local courts, roads and issues that matter in that community.

If you have been charged with a crime in North Charleston, SC, our North Charleston criminal defense lawyers at Clekis Law Firm can explain your options. Call 843-900-0000 or contact us to schedule a free 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.