Criminal Defense Attorney Summerville, SC

Quick Answer: In Summerville, lower-level offenses inside town limits are usually heard in Summerville Municipal Court, while offenses in unincorporated areas go to a county magistrate court. Felonies and serious misdemeanors from the Dorchester County side are heard in the Court of General Sessions in St. George and prosecuted by the First Circuit Solicitor’s Office, while juvenile cases go to Family Court in Summerville. Many first-time offenders may qualify for diversion and later expungement.

On this page:

• Which court will hear a Summerville criminal case?
• What happens when a teenager is charged?
• How are Summerville DUI cases handled?
• Are traffic charges like reckless driving serious?
• What if you are charged with shoplifting?
• What about domestic violence charges?
• Can a first offense be dismissed?
• Should you talk to the police?

Which Court Will Hear a Summerville Criminal Case?

It depends on the charge and the location. The following table summarizes the courts that typically handle Summerville-area cases:

Notably, magistrate and municipal courts generally hear offenses punishable by up to 30 days or a $500 fine, along with certain offenses the legislature assigns to them, such as many first-offense DUI and driving under suspension charges.

What Happens When a Teenager Is Charged in Summerville?

With many families and several high schools, Summerville sees its share of juvenile cases, including school fights, vandalism, shoplifting, underage alcohol and marijuana possession. Charges against people under 17 generally go to Family Court rather than adult court, and the juvenile system places more emphasis on rehabilitation. Even so, a juvenile adjudication can affect school discipline, college applications and future background checks. Diversion programs are often available, and a lawyer can help a young person and the family make good decisions early.

How Are Summerville DUI Cases Handled?

A DUI arrest starts two cases: the criminal charge and an administrative license suspension. Under the implied consent law, S.C. Code Section 56-5-2950, refusing a breath test or testing at .15 or higher generally triggers a suspension, and you generally have 30 days to request a hearing to challenge it. On the criminal side, S.C. Code Section 56-5-2953 generally requires video of the stop, the field sobriety tests and the breath test site. Missing or incomplete video can lead to dismissal, and the details of the stop and testing often decide the case.

Are Traffic Charges Like Reckless Driving and DUS Serious?

They can be. Reckless driving, driving under suspension and leaving the scene of a collision carry points, fines and, in some cases, jail time, and they can lead to higher insurance rates or loss of your license. Driving under suspension is especially common, often because of unpaid tickets, insurance lapses or missed court dates. Resolving the underlying suspension before court can make a real difference in the outcome.

What If You Are Charged With Shoplifting in Summerville?

Shoplifting in South Carolina is graded by the value of the merchandise, and lower-value offenses are generally heard in municipal or magistrate court, while higher-value offenses can be felonies. Store loss-prevention staff may also send civil demand letters seeking payment. A theft conviction appears on background checks and can affect employment, so for first offenders, we often focus on diversion that leads to dismissal and expungement.

What About Domestic Violence Charges in Summerville?

Domestic violence charges are graded by degree under S.C. Code Section 16-25-20, and bond conditions usually include no contact with the alleged victim. Violating those conditions can lead to new charges, even if the other person agrees to the contact. The alleged victim cannot simply drop the case, because the State decides whether to prosecute. A conviction can affect firearm rights, custody and employment, so these cases require careful handling from the first court date.

Can a First Offense in Dorchester County Be Dismissed?

Often. The First Circuit Solicitor’s Office offers 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. Many first-time drug possession charges may qualify for a conditional discharge under S.C. Code Section 44-53-450. Completing these programs generally leads to dismissal, and dismissed charges can generally be expunged under S.C. Code Section 17-1-40.

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 “explain” what happened are often used as evidence. Likewise, avoid discussing the case on recorded jail phone calls, by text or on social media. Politely saying you want to speak with a lawyer first cannot be held against you.

What Should You Bring to Your First Meeting?

Bring your ticket or arrest paperwork, bond papers, any court notices, and the names of witnesses. For DUI and traffic cases, bring your driver’s license status letters from the DMV, and for other charges, any texts, photos or documents that relate to what happened. Write down your own account while it is fresh, but share it only with your lawyer.

What Happens at a Bond Hearing After a Summerville Arrest?

After booking, a judge holds a bond hearing, usually within a day, and sets conditions for release. The judge considers the charge, any criminal history, ties to the community and whether the person poses a danger or a flight risk. For many lower-level offenses, people are released on a personal recognizance bond or a set amount; for violent offenses, the conditions are often stricter, such as no-contact orders or electronic monitoring.

Bond conditions remain in effect until the case is resolved, and violating them can lead to a new charge or revocation of bond. If a condition is unworkable, for example because it keeps a parent away from shared children or a home, a lawyer can ask the court to modify it. Keep a copy of your bond paperwork and bring it to your consultation.

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

If you have been charged with a crime in Summerville, SC, our Summerville 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.