When you enter the building, you do not need to sign in or check in. Enter the Courtroom and take a seat. The Bailiff will call out the Judge’s name, the Judge will enter, at which time you are instructed to rise. When the Judge takes his/her seat, he/she will ask you to be seated. Listen carefully to the Judge and Bailiff.
The Bailiff will call out the first Officer’s name. The Officer is sworn in. The Officer will call out each name on his/her tickets. If your name is called, step forward and stand behind the table to the right of the Judge.
The Judge will then ask you for your plea. Your plea will be one of three: GUILTY, NOT GUILTY or NO CONTEST. A no contest plea is handled in the Municipal Court as a guilty plea. If your plea is not guilty you will listen to the testimony of the Officer first and then you will be sworn-in by the Judge. The Officer will complete his/her testimony, present witnesses (when applicable) and then you will have the opportunity to cross-examine the Officer or any of his/her witnesses. Then you will give your testimony, present your witnesses and the Officer then has the opportunity to ask any questions of either you or any of your witnesses. After all the testimony, the Officer is given the chance to make a closing statement, then you may make a closing statement.
If you are found not guilty, you may leave the Courtroom. If you are found guilty:
A - the Bailiff will give you a slip from the Clerk, then you should go out the Courtroom doors to the Cashier on the left and pay your fine;
B - sign the sheet on the desk stating that you understand you have ten days to pay; or
C - if the Judge has granted a scheduled time payment for you, you must go to the Cashier to have the appropriate paperwork filled out.
FREQUENTLY ASKED QUESTIONS
If I want to pay the ticket do I need to stay for court?
If your ticket does not say "mandatory court appearance," you may pay your ticket at the Cashier’s desk and leave.
May I pay the ticket with a personal check?
Cash, debit cards, cashier checks, money orders, Mastercard or Visa are currently the only methods of payment accepted.
Do I have to come to court?
Look at your ticket, above the offense is "Court Appearance Required – YES or NO". If yes is circled, you are required to appear. If you have a legitimate reason you cannot attend, contact the Officer prior to your court date to ask for a continuance or postponement.
If I am required to appear and don’t, what will happen?
In some cases the Officer will request that a Bench Warrant be issued for your arrest. If granted by the Judge, a Bench Warrant will be issued by the Clerk after court.
What is a Bench Warrant?
A Bench Warrant is an Order from the Judge to any law enforcement officer to make every effort to find you, arrest you and bring you before the Judge. This information is entered in the National Crime Information Center (NCIC) data system. If you are picked up, your only choices are to pay the fine or go to jail for whatever period of time your warrant states.
May I talk to the Judge before my case is heard?
No, this is considered "ex-parte communication" and is inappropriate unless all parties are attending. Your court appearance is the time to discuss your case in front of the Judge.
If I appear in court will my ticket automatically be reduced?
No.
TERMS YOU SHOULD KNOW
APPEAL:
If you feel as though the Judge has erred in a point of law, you have 10 days to file an appeal with our Court. The Clerk has forms to assist you in filing your intent to appeal. Our Court forwards the intent to appeal to the Court of Common Pleas in Moncks Corner and they will notify you when your Court appearance is required. Your fine must still be paid even if you are appealing your case, and will be reimbursed by our Court if your case is overturned (dismissed) in Common Pleas Court.
INDIGENT’S APPLICATION FOR COUNSEL:
If you cannot afford an attorney there may be an opportunity for you to qualify for a court appointed attorney. The Clerk has a form that needs to be filled out prior to court so the Judge may review your financial status. If the Judge grants your request, an attorney will be assigned to you as soon as the Court can assign one.
NON RESIDENT VIOLATOR’S COMPACT (NRVC):
After Court, a NRVC is printed and if you did not pay your fine prior to Court or during Court, you will receive a notice from the Court stating "you have failed to comply with terms of citation by appearing in court or paying the fine." On the top corner of that notification is a hand-written date. Your fine must be paid by that date or the Court will send notification to the Department of Public Safety to suspend your license. If you pay your fine prior to your license being suspended, you must come in to the Court and pick up your DL53 (compliance form) and mail it or take it to the nearest Department of Public Safety. If you fail to do this, your license will be suspended.
PRE-TRIAL INTERVENTION (PTI):
Pre-Trial Intervention is a program that allows first time offenders of some non-violent crimes to enter into a program of counseling, guidance, community service and restitution. If PTI is successfully completed, this will allow you to have your ticket expunged (destroyed) in most cases. The costs involved are paid through the PTI program. The Clerk has forms that are filled out and submitted to PTI. You must contact them and set up an appointment to enroll. If you do not complete PTI, the PTI director notifies our Court and you will be tried on the original offense at a future date.
SCHEDULED TIME PAYMENTS (STP):
If the Judge grants you a scheduled time payment, the Judge will state the time allowed and how much money you will need to put down before you leave the Court. There is a three percent assessment fee added to the total amount of the fines. STP’s are not done on fine amounts under $100.00. There is a form that needs to be filled out and you can get a copy of this if you present your picture identification to the Cashier. If you do not pay your STP within the allotted amount of time a Bench Warrant will be issued for your arrest.
NOT ALLOWED IN THE COURTROOM:
- Food or Drinks
- Smoking
- Concealed Weapons
- Activated Pagers or Cell Phones
- Hats or Improper Attire
- Talking During the Proceedings
- Disruptive Children