One of the most prolific criminal charges in Lexington South Carolina is criminal domestic violence (CDV). There are hundreds of people arrested across the county every month. This article discusses how misdemeanor CDV cases proceed through the court system.
All Lexington County law enforcement departments arrest and prosecute CDV cases. This includes the Lexington County Sheriff’s Department and municipal police in Batesburg-Leesville, Cayce, Gaston, Irmo, Lexington, Springdale, South Congaree, Swansea, and West Columbia. CDV cases are also sometimes done by Highway Patrol and DNR officers.
When police arrest an individual for CDV, they are taken to jail for search and prosecution. Most defendants are taken to the Lexington County Detention Center at 521 Gibson Road, Lexington, South Carolina. Defendants arrested in Batesburg-Leesville or Cayce may be taken to the municipal jail instead.
After booking from jail, the defendant will be brought before a magistrate judge to set bail. The defendant will be given the date and place of his next court appearance at this time. After bail is set, the defendant will be released (usually in 2-4 hours). If a bond is set and the defendant does not have the cash to post, the defendant may have to use the services of a bondsman to get released.
CDV arrests made by the Lexington County Sheriff’s Department will be forwarded for prosecution to the Lexington County CDV Court at 139 East Main Street, Lexington, South Carolina. This is in the “old courthouse”. Municipal police CDV arrests will be referred to the municipal court for prosecution. Usually, the first court date is scheduled for at least two weeks after the arrest. The defendant then has the option of proceeding to a bench trial (trial by judge) or a jury trial. Jury trials are not held on the original court date and typically take several months to schedule. At any time during this process, the defendant has the right to hire a CDV defense attorney and begin working to challenge his arrest.