what type lawyer works in the south carolina court of common pleas?

What is common pleas court in South Carolina?

Common Pleas Court in South Carolina is a court of general jurisdiction, meaning that most types of civil claims can be filed in Common Pleas.   The majority of cases filed in Common Pleas are claims for money damages, such as personal injury claims or breach of contract cases.

How many lawyers are there in South Carolina?

There are more than 15,000 lawyers licensed to practice law in South Carolina. A brief discussion of the roles these lawyers play in the judicial system follows. The South Carolina Constitution designates the Attorney General as the State's chief prosecutor in Article V, Section 20.

What are the different types of courts in South Carolina?

The Family Court, Masters-In-Equity, Summary Courts (magistrate and municipal courts), and Probate Courts are all created by statute, and are part of the unified judicial system. General: The Supreme Court is the highest court in South Carolina.

What is the judicial branch called in South Carolina?

The Courts The South Carolina Constitution creates the Judicial Department in Article V, Section 1. The section creates a unified judicial system to include a Supreme Court, a Court of Appeals, a Circuit Court and such other courts of uniform jurisdiction as may be provided by general law.

What is Court of Common Pleas in SC?

Cases heard in the Court of Common Pleas involve civil disputes between two or more parties. The party initiating the action is the plaintiff, the party against whom the action is brought is the defendant.

Who is the governing authority for licensing and monitoring Attorneys in South Carolina?

In South Carolina, the task of regulating both judges and lawyers falls to the Office of Disciplinary Counsel, and either the Commission on Judicial Conduct or the Commission on Lawyer Conduct.

What is Rule 40j South Carolina?

Rule 40(j) now requires all adverse parties to consent to the dismissal in writing, but, the consent also operates to toll the statute of limitations for one year after the case is stricken from the docket as to each consenting party.

How are judges and solicitors selected in South Carolina?

Code of Laws, family court judges are elected by a joint public vote of the General Assembly. Additionally, candidates for the Family Court must first be screened and found qualified by the Judicial Merit Selection Commission prior to being presented for election by the General Assembly.

How do I know if an attorney is legit?

5 Quick Ways to See If Your Lawyer Is LegitState Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.

What South Carolina Code states that a citizen can prosecute or defend his or her own case?

SECTION 40-5-80SECTION 40-5-80. Citizen may prosecute or defend own cause. This chapter may not be construed so as to prevent a citizen from prosecuting or defending his own cause, if he so desires.

What does it mean when a judge disposed a case?

When a case is disposed of it means it is finished and has been removed from the docket of the court. Disposed by judge basically means that the case is closed by the judge.

What is summary court in South Carolina?

Description: Summary court files for cases involving either traffic or criminal violations. Also included are bench trials by the judge without a jury.

What is civil court used for?

In civil court, one person sues (files a case) against another person because of a dispute or problem between them. A business or agency can also file a case in civil court or be sued in civil court.

What is a solicitor vs lawyer?

A lawyer is anyone who could give legal advice. So, this term encompasses Solicitors, Barristers, and legal executives. A Solicitor is a lawyer who gives legal advice and represents the clients in the courts. They deal with business matters, contracts, conveyance, wills, inheritance, etc.

Is a prosecutor and solicitor the same?

As the head prosecutor, it is up to the elected solicitor to hire and supervise the individual prosecutors who work in their office. These prosecutors are usually called assistant solicitors. Decades ago most solicitors were “hands on” and actively participated in the prosecution of individual cases.

What does a South Carolina solicitor do?

The Solicitor ensures prosecutions are processed by organizing an orderly, efficient flow of cases, assigning cases to attorneys, advising attorneys on cases assigned, monitoring status of pending cases and supervising personnel. Charleston and Berkeley counties make up South Carolina's Ninth Judicial Circuit.

What is the jurisdiction of the probate court?

The Probate Court has jurisdiction over marriage licenses, estates of deceased persons, guardianships of incompetents, conservatorships of estates of minors and incompetents, minor settlements under $10,000, and involuntary commitments of mentally ill or chemically dependent persons.

What court has a clerk of court?

Likewise, the Supreme Court and Court of Appeals each have a Clerk of Court and staff to assist in court management.

What is the purpose of the Court of Appeals?

The Court of Appeals. General: The Court of Appeals was created to hear most types of appeals from the circuit court and the family court. Exceptions are when the appeal falls within any of the seven classes of exclusive jurisdiction listed under the Supreme Court.

What are the components of the judicial system?

The judicial system can be divided into three basic components: the courts, the bar, and administrative support . Clerks of Court have contact with and impact on every element of the judicial system.

What is the Register of Deeds?

The Register of Deeds is responsible for recording all property transactions and records as required by state law . In some counties, the Register of Deeds is an elected or appointed position, and is a separate office from the Clerk of Court. (See Chapter 8 for more detail.) Court Administration.

What is the circuit court?

The Circuit Court is the state's court of general jurisdiction. It is divided into two types of court: the Court of Common Pleas which deals with all civil matters, and the Court of General Session, which is the criminal court.

What happens if a petition is granted?

If the petition is granted, the Supreme Court may affirm, reverse or modify the decision of the Court of Appeals. The Supreme Court also reviews judgments of the circuit and family court relating to post-conviction relief actions by writ of certiorari.

What is the judicial system in South Carolina?

The judicial system of South Carolina is composed of the courts, the prosecution, and the defense components. The court system is comprised of the Supreme Court, Court of Appeals, Circuit Courts, Family Courts, the Magisterial Courts, Municipal Courts, Probate Courts, and Master-in-Equity Courts. The prosecutorial system is made up ...

How many magistrates are there in South Carolina?

There are approximately 311 magistrates in South Carolina, each serving the county for which he or she is appointed. They are appointed by the Governor upon the advice and consent of the Senate for four year terms and until their successors are appointed and qualified. (Art. V, § 26, S.C. Const., and S.C. Code Ann. § 22-1-10). Anyone seeking an initial appointment as magistrate must pass an eligibility examination before they can be recommended to the Governor by the senatorial delegation. S.C. Code Ann. § 22-2-5. Magistrates must also attend an orientation program, pass a certification examination within one year of their appointment, and attend a specified number of trials prior to conducting a trial.

How long is the probate court term in South Carolina?

Each county in South Carolina has a popularly elected probate judge who serves a four-year term. Probate courts have jurisdiction over marriage licenses, estates of deceased persons, minor settlements under $25,000.00, guardianships of minors and incompetents and involuntary commitments to mental institutions.

What is the court of appeals?

Directly under the Supreme Court and the Court of Appeals is the Circuit Court , the State's court of general jurisdiction. It has a civil court (the Court of Common Pleas) and a criminal court (the Court of General Sessions). In addition to its general trial jurisdiction, the Circuit Court has limited appellate jurisdiction over appeals from the Probate Court, Magistrate's Court, and Municipal Court, as well as appeals from the Administrative Law Judge Division over matters relating to state administrative and regulatory agencies. The state is divided into sixteen judicial circuits. Each circuit has at least one resident judge who maintains an office in the judge's home county within the circuit. Circuit judges serve the sixteen circuits, on a rotating basis, with court terms and assignments determined by the Chief Justice through Court Administration. Circuit Court judges are elected to staggered terms of six years.

What is the prosecutorial system?

The prosecutorial system is made up of the circuit solicitors and the Attorney General's Office. The defense component includes public defender corporations, court appointed counsel, retained counsel, and the S.C. Commission of Appellate Defense. 2.

What is the role of the municipal court?

The Municipal Courts. The council of each municipality may establish, by ordinance, a municipal court to hear and determine all cases within its jurisdiction. Such courts are part of the unified judicial system.

What is the family court system?

The Family Courts have exclusive jurisdiction of all matters involving domestic or family relationships. Pursuant to this provision, the Family Courts are the sole forum for the hearing of all cases concerning marriage, divorce, legal separation, custody, visitation rights, termination of parental rights, adoption, support, alimony, division of marital property, and change of name. These courts also generally have exclusive jurisdiction over minors under the age of seventeen. S.C. Code Ann. § 63-3-510 provides that the family court "shall have exclusive original jurisdiction and shall be the sole court for initiating action" concerning a child who "is alleged to have violated or attempted to violate any State or local law or municipal ordinance."

Not Guilty Pleas in South Carolina

A defendant may plead “not guilty” to the charge. When this occurs, the accused has an absolute right to a trial by jury. However, the accused can choose to have a the case decided by a judge instead of a jury.

Guilty Plea in South Carolina

A defendant may plead “guilty” to the charge. When this occurs, the defendant gives up his or her right to a trial, the right to cross-examine witnesses, the right to require the prosecution to prove its case, and the right to present evidence.

No Contest (Nolo Contendere) Plea in South Carolina

A defendant may plead “no contest,” also known as “ nolo contendre ,” if the defendant does not want to contest the charges but, instead, refuses to admit guilt. What many people don’t realize is that a no contest plea is essentially the same as pleading guilty.

Alford Plea in South Carolina

Alford pleas and “no contest” pleas are very similar. An Alford plea carries the same sentencing and consequences as a guilty plea.

Conditional Plea in South Carolina

Conditional pleas are not allowed in South Carolina state courts, municipal courts, or magistrate’s courts, although they are allowed in federal court. A conditional plea occurs where the defendant pleads guilty but retains the right to appeal a particular issue that may absolve him or her if the court later finds in his or her favor.

Plea Bargaining

A plea bargain may occur where the defendant pleads guilty to a lesser charge in exchange for the original charge to be dismissed or agrees to plead guilty to one or more charges in order to have other charges dismissed,“nolle prossed,” or deferred:

Charleston Criminal Defense Attorney

Because criminal charges can have such harsh effects, both long and short-term, it is important for you to know what the police have to prove and what consequences a conviction may have before you decide how to plead. Going to court alone may leave you in the position of having to plead guilty or not guilty or whether to accept a plea bargain.