Horry County Criminal Court handles all criminal cases that are filed in Horry County. See below for more information about criminal cases in Horry County.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Horry County Criminal Court
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
Sentencing in Horry County
In Horry 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.
Prosecutor in Horry County
In Horry County, the prosecutor is an attorney representing Horry County. In some cases, the prosecutor may actually represent South Carolina. For the most part, the prosecutor in Horry County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Where can I get help for my Horry County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Horry County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Arraignments in Horry County
During an arraignment in Horry County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Horry County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Horry County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Required Court Appearances in Horry County
Any required court appearances in Horry 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.
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.
Horry County Criminal Court locations
Criminal proceedings take place in the Horry County Criminal Courts. A list of the criminal courts are located here.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
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.
Horry County Criminal Court Locations
-
Horry County Circuit Court
Address: 1301 2nd Avenue, PO Box 677, Conway, SC 29528
Phone: 843-915-5080 Fax: 843-915-6081 -
Horry County Magistrate Court – Aynor
Address: 640 Ninth Avenue, Aynor, SC 29511
Phone: 843-915-5296 Fax: 843-915-6296 -
Horry County Magistrate Court – Conway
Address: 1201 Third Avenue, Conway, SC 29526
Phone: 843-915-5070 (Traffic Court) Fax: 843-915-6070 -
Horry County Magistrate Court – Detention Center
Address: 4150 J. Reuben Long Avenue, Conway, SC 29526
Phone: 843-915-5145 Fax: 843-365-8934 -
Horry County Magistrate Court – Green Sea
Address: 5527 Highway 9, PO Box 153, Green Sea, SC 29545
Phone: 843-915-5294 Fax: 843-915-6293 -
Horry County Magistrate Court – Little River
Address: 107 Highway 57 North, Little River, SC 29566
Phone: 843-915-5292 Fax: 843-915-6292 -
Horry County Magistrate Court – Loris
Address: 3817 Walnut Street, Loris, SC 29569
Phone: 843-915-5295 Fax: 843-915-6295 -
Horry County Magistrate Court – Myrtle Beach
Address: 1201 21st Avenue North, Myrtle Beach, SC 29577
Phone: 843-915-5293 Fax: 843-444-6131 -
Horry County Magistrate Court – Surfside Beach
Address: 9630 Scipio Lane, Myrtle Beach, SC 29588
Phone: 843-915-5291 Fax: 843-915-6291 -
Atlantic Beach Municipal Court
Address: 717 30th Avenue South, PO Box 5285, Atlantic Beach, SC 29582
Phone: 843-663-2284 Fax: 843-663-0601 -
Aynor Municipal Court
Address: 600 South Main Street, PO Box 66, Aynor, SC 29511
Phone: 843-358-6231 Fax: 843-358-0754 -
Conway Municipal Court
Address: 1001 3rd Avenue, PO Box 1428, Conway, SC 29528
Phone: 843-248-1765 Fax: 843-248-2950 -
Loris Municipal Court
Address: 3817 Walnut Street, PO Box 548, Loris, SC 29569
Phone: 843-756-6674 Fax: 843-756-3066 -
Myrtle Beach Municipal Court
Address: 1101 North Oak Street, Myrtle Beach, SC 29577
Phone: 843-918-1356 Fax: 843-918-1446 -
North Myrtle Beach Municipal Court
Address: 1015 2nd Avenue South, North Myrtle, Beach SC 29582
Phone: 843-280-5610 Fax: 843-280-5642 -
Surfside Beach Municipal Court
Address: 115 US Highway 17 North, Surfside Beach, SC 29575
Phone: 843-913-6337 Fax: 843-828-4371