South Carolina Code 22-5-110. Arrest, examination and commitment or punishment; warrant; courtesy summons
(1) cause to be arrested all persons found within their counties charged with any offense and persons who after committing any offense within the county flee out of the county;
Terms Used In South Carolina Code 22-5-110
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) examine into treasons, felonies, grand larcenies, high crimes, and misdemeanors;
(3) commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction; and
(4) punish those guilty of such offenses within their jurisdiction.
(B)(1) An arrest warrant may not be issued for the arrest of a person unless sought by a law enforcement officer acting in their official capacity.
(2) If an arrest warrant is sought by someone other than a law enforcement officer, the court must issue a courtesy summons.
(3) If a defendant named in a courtesy summons fails to appear before the court pursuant to the summons, the court must issue an arrest warrant for the underlying offense based upon the original sworn statement of the affiant who sought the courtesy summons, provided the sworn statement establishes probable cause that the underlying offense was committed.