One of the most prolific criminal charges in Lexington South Carolina is Criminal Domestic Violence (CDV). There are hundreds of individuals throughout the county arrested 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 sometimes also made by the Highway Patrol and DNR officers.
When police arrest and individual for CDV they are taken to the jail for booking and processing. 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 jail booking the defendant will be taken before a Magistrate Judge for bond setting. The defendant will be given the date and location of their next Court appearance at this time. After the bond has been set the defendant will be released (usually in 2-4 hours). If a surety bond is set, and the defendant does not have the cash to post, the defendant may have to use the services of a bail bondsman to be released.
CDV arrests made by the Lexington County Sheriff’s Department will be referred 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. Typically 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 jury trial. Jury trials are not held on the original Court date and usually take several months to have scheduled. At anytime during this process the defendant has a right to retain a CDV defense attorney and to begin work on challenging their arrest.