If you have been convicted of any crime or misdemeanor crime in South Carolina, you will have the right to appeal your conviction. In an appeal of the defendant requests a higher level of the Court to examine them for errors of law. If the Court of Appeal noted legal errors he may refer the case with instructions to apply a certain law or decision, or grant a new trial.
Convictions or magistrate of the Municipal Court are appealed to the Court of Common Pleas. A hearing will be held generally 2-3 months dependent on the county of conviction. The hearing will be held at the county courthouse and presided over by a judge of the Circuit Court. Appeals from the Court of Common Pleas are taken directly to the Court of Appeal of South Carolina. Examples of cases Magistrate Municipal Court would first CDV or Offense DUI, simple possession of marijuana, violations of traffic or disorderly conduct. Hire an Appellate Attorney who practices criminal cases.
At the Court of Appeal the majority of cases are attributed to a panel of three judges. They will review the briefs presented in support of the prosecution and the accused. In some but not all, cases they will also be a hearing date. It can typically last from 6-12 months or more to complete a call to that level.
