Anderson County Criminal Court handles all criminal cases that are filed in Anderson County. See below for more information about criminal cases in Anderson County.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
Anderson County Criminal Court
What happens in Anderson County at an arraignment?
In Anderson County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Who can help me in Anderson County?
For general information about your case the Anderson County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
Where will Anderson County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Anderson County. See here for the location of the criminal courts in Anderson County.
Anderson County Prosecutor
For criminal cases in Anderson County, the prosecutor will be a representative of Anderson County. The Anderson County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
Sentencing in Anderson County
In Anderson County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Plea Agreements
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Anderson County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
Anderson County Required Court Appearances
In Anderson County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
Anderson County Criminal Court Locations
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Anderson County Circuit Court
Address: 100 South Main Street, PO Box 8002, Anderson, SC 29622
Phone: 864-260-4053 Fax: 864-260-4715 -
Anderson County Magistrate Court – Anderson
Address: 2404 North Main Street, PO Box 8002, Anderson, SC 29622
Phone: 864-260-4156 Fax: 864-260-4144 -
Anderson County Magistrate Court – Belton
Address: 306 Anderson Street, PO Box 828, Belton, SC 29627
Phone: 864-338-5810 Fax: 864-338-5810 -
Anderson County Magistrate Court – Bond Court
Address: 1019 David Lee Coffee Place, Anderson, SC 29625
Phone: 864-222-6637 Fax: 864-332-5490 -
Anderson County Magistrate Court – Honea Path
Address: 204 South Main Street, PO Box 505, Honea Path, SC 29654
Phone: 864-369-0015 Fax: 864-369-0015 -
Anderson County Magistrate Court – Iva
Address: 622-A East Front Street, PO Box 863, Iva, SC 29655
Phone: 864-348-6657 Fax: 864-348-6647 -
Anderson County Magistrate Court – Pendleton
Address: 100 East Queen Street, PO Box 76, Pendleton, SC 29670
Phone: 864-646-6701 Fax: 864-646-6701 -
Anderson County Magistrate Court – Piedmont/Powdersville
Address: Physical: 4 Civic Court, Easley, SC 29642
Phone: 864-269-5947 Fax: 864-269-5952 -
Anderson County Magistrate Court – Traffic Central Court
Address: 100 South Main Street, PO Box 8002, Anderson, SC 29622
Phone: 864-260-4156 Fax: 864-260-41444 -
Anderson County Magistrate Court – Willamston
Address: 12 West Main Street, PO Box 125, Willamston, SC 29697
Phone: 864-847-5560 Fax: 864-847-5560 -
Anderson Municipal Court
Address: 401 South Main Street, Anderson, SC 29624
Phone: 864-231-2271 Fax: 864-231-1069 -
Belton Municipal Court
Address: 306 Anderson Street, PO Box 828, Belton, SC 29627
Phone: 864-338-8448 Fax: 864-338-9251 -
Honea Path Municipal Court
Address: Physical: 204 South Main Street, Honea Path, SC 29654
Phone: 864-369-2999 Fax: 864-369-2325 -
Iva Municipal Court
Address: Jackson Street, PO Box 188, Iva, SC 29655
Phone: 864-348-6191 Fax: 864-348-7562 -
Pendleton Municipal Court
Address: 310 Greenville Street, Pendleton, SC 29670
Phone: 864-646-9409 Fax: 864-646-5425 -
Starr Municipal Court
Address: 1040 Bannister Road, PO Box 122, Starr, SC 29684
Phone: 864-348-6191 Fax: 864-348-7562 -
West Pelzer Municipal Court
Address: 3 Hindman Street, Pelzer, SC 29669
Phone: 864-947-6297 Fax: 864-947-6297 -
Williamston Municipal Court
Address: 12 West Main Street, Williamston, SC 29697
Phone: 864-847-4012 Fax: 864-847-5910