Case: Refers to a legal dispute brought into court for trial.

Argument: The presentation of the review of the evidence and summation by the attorney at the end of the case, after all of the evidence is in and both parties have rested.

Bailiff: The bailiff is the officer of the court who waits upon the court and jury and maintains order in the court.

Clerk: The clerk sits at the desk in front of the judge, is an officer of the court, and keeps a record of papers filed.  The clerk has custody of the pleadings and records of the trial of the case, orders made by the court during the trial, and the verdict at the end of the trial.  The clerk also administers the oath to jurors and all witnesses before they testify.

Cross-Examination: The questions which a lawyer puts to the opposing party and his witnesses.

Defendant: In criminal cases, the defendant is the person charged with an offense.                        

Examination, Direct Examination: The questions which the lawyer asks his own client or his own witnesses are often referred to as "examination," "direct examination," or "examination in chief."

Exhibits: Objects, including pictures, books, letters and documents are often received in evidence.  These are called "exhibits" and are generally given to the jury to take to the jury room while deliberating.

Instructions or "Charge" to Jury: The outline of the rules of law which the jury must follow in their deliberations in deciding the factual issues submitted to them is called either the judge's "charge" to the jury or his "instructions" to the jury.

Issue: A disputed question of fact is referred to as an "issue."  It is sometimes spoken of as one of the "questions" which the jury must answer in order to reach a verdict.

Jury Panel: The whole number of prospective jurors from which the trial jury is chosen.

Objection Overruled: This term means that, in the judge's opinion, the lawyer's objection is not well taken under the rules of law.  The judge's ruling, so far as a juror is concerned, is final and may not be questioned by him.

Objection Sustained: When a lawyer objects to a question or the form of a question, the judge may say "objection sustained."  This means that the judge agrees that, under the rules of law, the lawyer's objection was well taken.  This ruling likewise is not subject to question by jurors.

Opening Statement: Before introducing any evidence for his side of the case, a lawyer is permitted to tell the jury what the case is about and what evidence he expects to bring in to prove his side of the case.  This is called "opening statement."

Rest: This is a legal phrase which means that the lawyer has concluded the evidence he wants to introduce in that stage of the trial.

Striking Testimony: On some occasions, after a witness has testified, the judge will order some evidence stricken from the record and will direct the jury to disregard it.  When this is done, the jury will treat the evidence stricken as though it had never been given.

Subpoena: The document which is issued for service upon a witness to compel his appearance in court.

Verdict: The findings made by the jury on the issue submitted to them is the "verdict."

Careless Operation of a Vehicle (COV)

Careless Operation of a Vehicle, or COV, is a City Ordinance that carries no points against a person's driver's license.  Motorists charged with certain traffic offenses like speeding, failure to yield right-of-way, disregarding a traffic signal, and following too closely may be allowed to plead to COV in lieu of their pending charges.  Most traffic offenses carry "points" ranging from two to six, in addition to a monetary fine.  Once a person accumulates twelve points against his license, the South Carolina Department of Public Safety will suspend his driving privileges.  COV allows a motorist to save his points by plea negotiations with the prosecutor in which the prosecutor would recommend the defendant be allowed to enter a plea to COV.  However, the City makes no representations how a plea to COV might affect an out-of-state license or an individual's insurance.

If you have received a traffic citation and are interested in pleading to Careless Operation of a Vehicle, you must come to Municipal Court on the date written on your ticket and notify the presiding judge that you wish to plead to COV.

Jury Trial vs. Bench Trial

Generally speaking, a person charged with a municipal offense can dispose of the case by entering either a guilty plea or a not-guilty plea.  If you plead not guilty, you must then decide what type of trial you want.  The options available are a bench trial or a jury trial.  A bench trial is held before a judge who listens to the evidence and determines guilt or innocence in addition to deciding the appropriate sentence (if found guilty).  A jury trial is held before a group of seven citizens (six seated jurors and one alternate) chosen by the prosecutor and the defendant to listen to the evidence and determine guilt or innocence.  If you are found guilty, the presiding judge will determine the appropriate sentence.

Jurisdiction

With the exception of certain traffic offenses, most criminal cases in Municipal Court can carry a maximum sentence of $500.00 fine and $500.00 State assessment fee or thirty (30) days imprisonment.  These offenses include, but are not limited to, Criminal Domestic Violence, Shoplifting, Breach of Peace, Malicious Injury to Personal Property, Breach of Trust, Receiving Stolen Goods (property offenses less than $1000.00), and Simple Assault and Battery.

In addition to a fine or jail time on the above offenses, the Court also has the discretion to order other appropriate remedies like restitution, counseling, and community service.

Alcohol and Drug Offenses

A. Minors:

The City of Florence has ZERO TOLERANCE for underage drinking.  Persons under the age of twenty-one who possess or consume alcoholic beverages run the risk of being cited for a number of alcohol-related offenses, including Possession of Beer by a Minor, Possession of Alcohol by a Minor, Open Container, and Public Consumption.  If an officer believes that a person under the age of twenty-one has consumed some type of alcoholic beverage and is driving an automobile, the officer has the right to take that individual into custody and transport him to the Florence Police Department for breath testing.  If the breath test reveals an alcohol concentration of 0.02% or higher, the minor's driver's license or permit will immediately be confiscated and his privilege to drive will be suspended for ninety days.  If you refuse to take the breath test, your license or permit will be suspended for SIX MONTHS.

In addition to the license suspension, you will lose the Life Scholarship and the Hope Scholarship is you are convicted of alcohol-related offenses.  This will result in a loss of $3,000-$4,000 toward college expenses.

Lastly, most of these crimes carry a prison term of up to thirty days.

B.  Driving Under the Influence:

It is unlawful in the State of South Carolina to operate a motor vehicle while you are under the influence of drugs or alcohol such that you cannot safely drive.  A conviction of DUI carries a fine or thirty days in jail.  In addition, your driver's license will be suspended for six months, and you will be required to enroll in ADSAP (Alcohol and Drug Safety Action Program) before your driving privileges are reinstated.  A DUI conviction will require you to carry SR-22 insurance for three consecutive years.

Unlike some municipal court criminal offenses, a conviction for DUI cannot be expunged and will remain on your arrest record permanently.

C.  Simple Possession of Marijuana:

Possession of Marijuana, also called hemp, pot, weed, hashish, etc., carries a $400.00 fine or thirty days in jail.  If you are convicted of simple possession of marijuana, you will lose your license for six months.  A second or subsequent offense is tried in General Sessions Court.

Failure to Pay Traffic Ticket

If you fail to pay a traffic ticket, you will lose your license.  If you owe money for a ticket in another state, you may have your license suspended in South Carolina.