Criminal Law

South Carolina’s criminal law involves an offense against the state, county, municipality, the people in general, or the community. A criminal action can start when either the victim of the crime or a law enforcement officer files a complaint under oath, asking that a magistrate issue a courtesy summons or arrest warrant. The warrant may then be served, and the defendant brought before the magistrate or municipal judge. A courtesy summons is served on the defendant without an arrest and the defendant subsequently appears in court to respond to the allegations.