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1. What happens if I missed my court date for a criminal charge?

If you did not appear for court and did not contact the officer prior to court, your case was heard and the judge found you guilty in your absence. A warrant could be issued for Contempt of Court - Failing to Appear. You will need to report to the Town of Summerville Warrant Division at the:
Summerville Police Department
300 W 2nd N Street
Summerville, SC 29483

2. What happens if I missed my court date for a traffic ticket?

If you did not appear for court and did not contact the officer prior to court, your case was heard and the judge found you guilty in your absence. You will need to pay the fine within 15 days of your court date or the process to suspend your driver's license will begin.

If your driver's license is suspended for failing to pay a traffic ticket, you will be required to pay the fines at Summerville Municipal Court and a re-instatement fee at the South Carolina Highway Department.

3. Can I reschedule/continue my court date?

If you need to reschedule your court date and it is before your scheduled appearance, you need to contact the officer at 843-875-1650. You may have to leave a message. You may also request a continuance in open court, however, you will need a valid reason to do so. Valid reasons may include the need to get or consult an attorney or to request a jury trial. The presiding judge may continue the court date on your scheduled court date depending on the circumstances of the case.

4. Do I have to be in court today?

If you were given a court date and time, you will need to either: Appear and plea, or ask for a continuance/jury trial, or pay the ticket (if applicable) prior to court. If you do not appear, you are subject to having your driver's license suspended in the case of traffic charges, or having a warrant issued for your arrest in the case of criminal charges.

5. Something unexpected has come up (e.g. illness, car issues, etc.) and I cannot make my court date today. Can you tell the judge/officer or continue my case?

Your case will be heard as scheduled unless you can provide written documentation as to why you could not make your court date as scheduled. This documentation will need to be provided at least 24 hours prior to the date of your trial for judicial review. If you do not receive resolution on your court date, you will need to contact the court at 843-875-2010.

6. Why didn't the judge dismiss my case since the officer was not there?

All cases in Summerville Municipal Court are heard and evaluated on their individual merits. Each element is considered when a judge makes a decision. Other than the judge, no one can say what she/he would do in your particular case.

7. Can I represent myself?

According to state statute, you may represent yourself. You have the right to introduce evidence, examine and cross-examine witnesses, make closing arguments and otherwise present a defense to the charges. You will be held to the same standards as an attorney.

8. My child (age 17 or older) received a ticket for curfew violation, possession of tobacco, or underage drinking. Does he/she need to go to court?

Yes, your child will need to go to court.

9. My child (age 16 or older) received a traffic ticket. Does [s]he need to appear in court?

In most cases, the ticket may be paid without an appearance, however, there are traffic charges that do require an appearance for traffic violations, regardless of age. If you have any questions regarding required appearances for traffic charges, call 843-875-2010.

10. What is the procedure for entering a plea to a criminal charge?

There are 3 possible pleas to a criminal charge: 

• Guilty: In a Guilty plea, you admit you committed the act(s) charged, that the acts are prohibited by law and that you have no legal defense for such acts.
• Not Guilty: In a Not Guilty plea, you deny guilt and the Town must prove the criminal charge against you.
• No Contest: In a No Contest (or nolo contendere) plea, you neither admit guilt nor deny it.

11. What happens at a trial?

Depending on the alleged offense(s), you are entitled to a trial by jury. You are entitled to hear all testimony against you. You have a right to cross-examine any witness who testifies against you, to testify on your own behalf and you hold a Constitutional right not to testify. If you choose not to testify, a refusal cannot and will not be used against you in determining guilt or innocence. However, if you choose to testify, the Town will have the right to cross-examine you.

You may call witnesses to testify on your behalf and have the right to have the court issue subpoenas for witnesses to ensure appearance at trial.

12. Can I plead by phone?

No, you either need to appear or pay the fine prior to your court date.

13. How long is the court session? Will it last longer than an hour?

Summerville Municipal Court schedules its regular court sessions Tuesdays and Thursdays at 9 a.m, and 3 p.m. Depending on the docket and caseload, sessions may last longer than an hour.

14. Can I get a prayer for judgment?

While a prayer for judgment is used in North Carolina, it is not available in South Carolina

15. Can I appear earlier than my trial date and time and speak with the judge?

You must appear on your designated court date and time. Judges do not talk about pending cases without all parties present. You may contact the officer for a continuance after the initial court date if you are unable to appear.

16. Can I pay my ticket and still appear to plead not guilty?

Payment indicates a guilty plea and forfeiture of fine monies. Appearing on your court date gives you a chance to ask for a reduction in fines or plead not guilty.