Chester County Criminal Court hears all criminal cases in Chester County. Below you will find specific information about criminal cases and how they are handled in Chester County.
What happens in Chester County at an arraignment?
In Chester 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.
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
Chester County Criminal Court
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.
Chester County Criminal Court locations
Criminal proceedings take place in the Chester County Criminal Courts. A list of the criminal courts are located here.
Who can help me in Chester County?
For general information about your case the Chester 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.
Required Court Appearances in Chester County
Any required court appearances in Chester County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
Prosecutor in Chester County
In Chester County, the prosecutor is an attorney representing Chester County. In some cases, the prosecutor may actually represent South Carolina. For the most part, the prosecutor in Chester County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Jury Deliberations in Chester County
In Chester County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
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 Chester 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.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
Chester County Criminal Court Locations
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Chester County Circuit Court
Address: 140 Main Street, PO Box 580, Chester, SC 29706
Phone: 803-385-2605 Fax: 803-581-7975 -
Chester County Magistrate Court – Baton Rouge
Address: 2740 Dawson Drive, Chester, SC 29706
Phone: 803-581-4161 Fax: 803-581-5552 -
Chester County Magistrate Court – Central Traffic and Criminal Domestic
Address: 2740 Dawson Drive, Chester, SC 29706
Phone: 803-581-5136 Fax: 803-581-3033 -
Chester County Magistrate Court – Rossville
Address: 1 Argonne Street, PO Box 88, Great Falls, SC 29055
Phone: 803-482-2132 Fax: 803-482-6862 -
Chester Municipal Court
Address: 2740 Dawson Drive, Chester, SC 29706
Phone: 803-581-2133 Ext. 248 Fax: 803-581-7645 -
Fort Lawn Municipal Court
Address: 510 Municipal Drive, PO Box 37, Fort Lawn, SC 29714
Phone: 803-872-4724 Fax: 803-872-4802 -
Great Falls Municipal Court
Address: 810 Dearborn Street, PO Box 177, Great Falls, SC 29055
Phone: 803-482-2055