Facing a charge in the Town of Lexington Municipal Court?

All cases prosecuted in the Town of Lexington are misdemeanors. Many are still very serious and carry a risk of jail sentences, high fines, and a publically available criminal record. Examples of serious offenses that can be brought in Town Court include:

· Driving Under the Influence (DUI)

· Criminal Domestic Violence (CDV)

· Shoplifting

· Simple Possession of Marijuana

· Breach of Trust

Although the Town will aggressively prosecute criminal and traffic matters, we assist our clients in trying to obtain a dismissal of their charges, a reduction through plea bargaining, or entrance into the pre-trial intervention program (PTI).

We recommend that everyone who has a case pending in the Town of Lexington consult with an attorney before appearing at their initial court date. At the initial bench trial date defendants who choose to plead not guilty will be expected to receive an immediate bench trial without the benefit of pre-trial discovery or a jury. These are major concessions, especially since a review of pre-trial discovery can uncover defenses or shortcomings in the State’s case (including ones significant enough to result in a complete dismissal). For this reason at the Law Office of James R. Snell, Jr., LLC, we recommend that everyone who is contesting or challenging their charge (either completely or as necessary to obtain a favorable plea bargain or PTI) avoid attempting to try their case at the initial court date.

When we are retained on behalf of a Defendant with pending charges in the Town Court, in most cases we will begin the process in the following way:

1.    We will file a notice of representation with the Court and the Police Department

2.    We will file a request for jury trial

3.    We will file discovery motions and serve them on the Police Department

Normally we have a runner hand carry initial case filings to the Town Court so we can receive confirmation in the form of an official clocked copy of their receipt. Then we e-mail a copy to our client so they know that their situation is being taken care of. This has the effect of cancelling the initial court appearance so our client is no longer required to appear. This procedure is approved by the Town of Lexington Municipal Court, the South Carolina Supreme Court, and all bonding companies.

The next step usually occurs in several months when a police roster is scheduled. This is our term, and refers to a conference scheduled between defense attorneys and representatives of the police department. These events are scheduled a few times a year and are scheduled for hundreds of cases at a time.

At the police roster we will talk to the police to see if any offers are made in our client’s case. If so our client is free to accept or reject them. If an offer is accepted, such as a plea bargain to a reduced charge or pre-trial intervention (PTI), the case can be resolved that day. If an offer isn’t accepted then the case is continued on for trial which may not be scheduled for several more months.