Magistrates/Summary Courts

Contact Information, Office Hours
Functions, Department Responsibilities
FAQ's, Common Terms, History, Interesting Facts
Court Records

Functions

Adjudicate criminal and civil cases

Magistrate Courts handle a variety of issues, including restraining orders, traffic violations and criminal cases with punishments of a fine not exceeding $500 plus assessments or imprisonment not exceeding 30 days or both. These courts also handle landlord-tenant problems as well as claim and delivery civil actions and issuance of arrest and search warrants.

Magistrates are appointed to four-year terms by the Governor upon the advice and consent of the Senate.

The Summary Courts Administration provides administrative support to the Centralized Preliminary and Bond Hearing Courts as well as 10 area Magistrate Courts and two Small Claims Courts.

This Department Does

	Prepare documentation of criminal and traffic offenses for Magistrate Courts
	Process civil claims under $7,500
	Inform tenants and landlords about landlord/tenant matters
	Process restraining orders for people being stalked or harassed
	Prepare arrest warrants
	Schedule mediation sessions for disputes between parties
	Provide information about how to proceed with civil or criminal matters

This Department Does Not

	Provide legal counseling (For attorney information, call the S.C. Lawyers Referral Service at (800) 868-2284 or the Neighborhood Legal Assistance Program (843) 722-0107)
	Process claims over $7,500 (See Clerk of Court)

Frequently Asked Questions

Q:	How do I get my driver's license reinstated?
A:	Pay your outstanding traffic ticket(s) at the appropriate court and then present the reinstatement form and required fee to the Department of Public Safety or Highway Department of the state in which you are a licensed driver.

Q:	I have lost my traffic ticket. How can I find out when and where to go to court?
A:	Contact Summary Courts Administration.

Q:	When can I evict a renter for non-payment of rent?
A:	On the sixth day of the month, if the tenant has not paid rent, the landlord can file for eviction. In South Carolina courts, a month-to-month or verbal agreement is as valid as a written contract.

Q:	How do I collect the $50 my neighbor owes me for cleaning his yard and baby-sitting his children?
A:	In order to collect monies owed to you, you must file a summons and complaint at one of the two Small Claims Courts in Charleston County. This will require a filing fee, and you must provide a current address for the person from whom you wish to collect. The Small Claims Court can handle civil claims of up to $7,500.

Q:	What is an "expungement"?
A:	An expungement of record is a process by which the records of a criminal conviction are destroyed or sealed after a certain length of time. This includes records in files, on computer, or in any other depositories. Following an expungement, it is as if the criminal case never existed in so far as the defendant is concerned. When a case is expunged in Charleston County, the court's computer records are modified so that all references to the defendant are removed from the record. Typically, an expunged case record will contain a reference such as "June 1998 Expungement" in place of the name of the defendant, and will contain no references to the defendant's name, address, or any other personal information such as driver's license number, age, etc. The case number is left on the system in order to provide an accounting of all case numbers, and so that caseload statistics can be properly gathered. (For example, the court would still need to know how many criminal cases of a certain nature were disposed in a given year, so the case number is left on the computer database. But because the case is expunged, it will not be possible to tell who the defendant was in the case.)
Q:	How do I know if I'm eligible for an expungement?
A:	You may be eligible to have a criminal case record expunged IF: You have never had a charge expunged before, AND The charges against you were dismissed, "nol prossed", or you were found "not guilty", OR The charges were dismissed by the Solicitor because the defendant successfully completed a Pre-Trial Intervention (PTI) program, OR You were convicted of a Fraudulent Check Law violation, and no criminal activity has taken place for three years following the date of the conviction, OR You were convicted of a first offense simple possession of marijuana, received a conditional discharge, and has successfully complied with the terms of that sentence, OR You were convicted of a first offense in a Magistrates' or Municipal Court and no other criminal activity has taken place within three years following the date of conviction.
Q:	How do I get my criminal record expunged?
A:	You may ask for a criminal charge to be expunged from your record under a variety of conditions, but you are only entitled to one expungement during your lifetime. In order to obtain an expungement you must first meet the eligibility requirements listed above, and you must obtain and complete a form known as an Expungement Order. You will also need to obtain certain signatures on the Expungement Order. If the case was heard by a Magistrate, obtain the Magistrate's signature on the expungement order. If the case was heard in Circuit Court, obtain the signature of a Circuit Court Judge. If the you went through a Pre-Trial Intervention program, obtain the signature of the Pre-Trial Intervention Director. Obtain a signature from an authorized person in the Solicitor's Office. Once the form contains all required signatures, you must file the Expungement Order at the appropriate court. If your Magistrates charge was found not guilty, nol prossed or dismissed you may file your Order at the Magistrates Court. All charges dismissed by the Solicitor's Office must be filed at the Clerk of Court.

Common Terms

Bond Hearing --The hearing when a Magistrate notifies defendants of the charges pending, advises them of their legal rights and sets bail. All law enforcement agencies within Charleston County use this court, which is located at the Mark Clark Business Center - 3870 Leeds Ave, Suite 106, North Charleston, SC 29405.

Claim and Delivery-- The paperwork used to initiate a claim when a person feels that his property is being unlawfully held by another party. This paperwork must be filed in the jurisdiction where the party in question is located.

Distress Warrant-- An action filed by a landlord in order to seize the property of a tenant. Once the property is seized, it is inventoried and sold at public auction with revenues used as payment of rent monies or arrearage.

Expungement-- The process and paperwork used to obliterate a criminal charge from an individual's record.

Preliminary Hearing-- The hearing when a Magistrate determines if there is probable cause to bind a case over for trial.

PTI (Pre-Trial Intervention)-- A diversionary program designed for first-time offenders of non-violent crimes. The program requires participants to make restitution to the victim(s), complete community service and participate in court observations and prison tours. Participants may be required to comply with other conditions such as drug testing. Upon completion, the defendant is eligible to have his record expunged.

History

In 1977, the Summary Courts Department was established to provide administrative support to magistrates in Charleston County. County Council approved a reorganization of the department in February 1981.

Magistrate Courts continued to grow through the years. In 1982, a Small Claims Court was established to improve the litigation of civil cases. In 1985, to simplify the bond hearing process, a Centralized Bond Hearing Court was established. To further increase efficiency, preliminary hearings, which had been held at 15 locations around the County, were centralized. A second Small Claims Court was added in 1992 in the North Area. Both Small Claims Courts have Countywide jurisdiction and handle civil cases involving $7,500 or less.

Currently, the department's director oversees 40 Summary Court clerks who perform judicial administrative functions for the 18 magistrates located throughout Charleston County, including Small Claims, Bond Hearing and Preliminary Hearing Courts.

Interesting Facts

	Since 1991, this department has received achievement awards from the National Association of Counties for its Magistrate Court Automation Program and for the Magistrates' Oversight Committee
	Charleston County was the first county in South Carolina to computerize its Magistrate Courts and link with state government computers.
	Laws require each Magistrate Court to keep a docket for criminal and civil cases and report all fines imposed. These duties are now performed by Summary Courts Administration.
	Traffic and criminal cases heard by Magistrate Courts are limited to fines of up to $500 or imprisonment of up to 30 days or both.
	The most common cases tried by Magistrate Criminal Courts include prostitution, assault and battery, violation of check laws, harassment, stalking, criminal domestic violence, receiving stolen goods and obtaining goods under false pretenses.

Contact Information and Office Hours

Please also see the Magistrate Listing for additional information.

Summary Courts Administration Lonnie Hamilton, III Public Service Building 4045 Bridge View Drive North Charleston, SC 29405 (843) 202-6600 (843) 202-6604 (Fax)	Monday-Friday 8:30 a.m.-5:00 p.m.
Centralized Bond Hearing Court 3870 Leeds Avenue #106 North Charleston, SC 29405 (843) 746-9822 (843) 746-9960 (Fax)	Monday-Friday 9:00 a.m.- 12:00 a.m. (midnight) Saturday 9:00 a.m. and 4:00 p.m. Sunday 9:00 a.m. (only)
Centralized Preliminary Hearing Court 3870 Leeds Avenue #112 North Charleston, SC 29405 (843) 745-2390 (843) 745-2395 (Fax)	Monday-Friday 8:30 a.m.-1:00 p.m. 2:00 p.m. - 5:00 p.m.
City of Charleston Magistrate Court 995 Morrison Drive Post Office Box 941 Charleston, SC 29403 (843) 724-6719 (843) 724-6785 (Fax)	Monday-Friday 8:30 a.m.-4:30 p.m.
East Cooper Magistrate Court 1189 Iron Bridge Road, Suite 300 Mount Pleasant, SC 29464 (843) 856-1205 (843) 856-1188 (Fax)	Monday-Friday 8:30 a.m.-4:30 p.m.
James Island Magistrate Court 615 Riverland Drive Charleston, SC 29412 (843) 795-1140 (843) 856-1188 (Fax)	Monday-Thursday 8:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m.
McClellanville Magistrate Court 10009 Highway 17 North McClellanville, SC 29458 (843) 887-3334 (843) 887-3901 (Fax)	Monday and Thursday 9 a.m.- noon 1:00 p.m. - 5:00 p.m.
North Area Magistrate Court 1 Lonnie Hamilton, III Public Service Building 4045 Bridge View Drive, 1st Floor North Charleston, SC 29405 (843) 202-6610 (843) 202-6620 (Fax)	Monday-Friday 8:30 a.m.-4:30 p.m.
North Area Magistrate Court 2 2145 Melbourne Ave., Suite 100 North Charleston, SC 29405 (843) 745-2215 (843) 745-2334 (Fax)	Monday-Friday 8:30 a.m.-1 p.m. 2:00 p.m. - 5:00 p.m.
North Area Magistrate Court 3 7272 Cross County Road North Charleston, SC 29418 (843) 767-2743 (843) 760-6887 (Fax)	Monday-Friday 8:30 a.m.-4:30 p.m.
Ravenel/Adams Run Area Magistrate Court 5962 Highway 165, Suite 200 Ravenel, SC 29470 (843) 889-8332 (843) 760-6887 (Fax)	Monday-Friday 8:30 a.m.-4:30 p.m.
Small Claims Court City of Charleston 995 Morrison Drive Charleston, SC 29403 (843) 724-6720 (843) 724-6785 (Fax)	Monday-Friday 8:30 a.m. - 4:30 p.m.
Small Claims Court, North Area Lonnie Hamilton, III Public Service Building 4045 Bridge View Drive, 1st Floor North Charleston, SC 29405 (843) 202-6650 (843) 202-6652 (Fax)	Monday-Friday 8:30 a.m.-4:30 p.m.
Wadmalaw/Johns Island Magistrate Court 1527 Main Road Suite 100 Johns Island, SC 29455 (843) 559-1218 (843) 559-2378 (Fax)	Monday-Friday 8:30 a.m.-12:30 p.m. 1:30 p.m.-4:30 p.m.
West Ashley Area Magistrate Court 1720 Sam Rittenberg Boulevard, Unit 11 Charleston, SC 29407 (843) 766-6531 (843) 571-4751 (Fax)	Monday-Friday 8:30 a.m.-4:30 p.m.