Miscellaneous
Q: Who do I notify if a street light is out?
A: Call the Public Service Department at 843-719-7900 to report street light outages.
Q: Where do I find a city map? Is there an on-line map?
A: The Berkeley County Chamber of Commerce has maps available, located at 1004 Old Highway 52, 843-761-8238
Q: Where can I register to vote?
A: Berkeley County Voters Registration & Elections office is located at 6 Belt Drive, 843-719-7056.
Q: Where do I obtain a passport?
A: Passport applications can be obtained at the Moncks Corner Post Office.
Q: Where do I get a marriage license?
A: At the Berkeley County Probate Court located at 300-B California Ave, 843-719-4518.
Q: Where do I pay my property taxes, car taxes, etc.?
A: At the Berkeley County Office Building located at 1003 Highway 52, 843-719-4040.
Business Licenses
Q: Do all business have to buy a business license? If so, what information is required?
A: Yes, if the business is being operated in the Town limits. There is a standard form that has to be completed.
Q: If I'm working out of my home do I need a license?
A: Home occupations are subject to a business license fee. The location alone cannot be the basis for exemption.
Q: Why do rates double for non-residents?
A: Due to Town ordinances, non- residents pay double for Town services. This difference in classification has been upheld by the Supreme Court.
Q: Must a business that loses money pay for a business license?
A: Yes, the business license fees are based on total income from the business activity without deductions for expenses. The fact that expenses exceeded income in a particular year does not provide an exemption.
Building/Codes/Planning
Q: How does one become a Town-licensed Contractor?
A: Those who are licensed by the State of South Carolina as a contractor are eligible to request Town licensure as a contractor.
Q: As a homeowner, can I get the required permit(s) to work on my house without a contractor?
A: Yes, if you or your immediate family members are performing the work and if you will live in your home for at least two years after the work is completed.
Q: Who can I employ to perform construction work on my property?
A: Other than the homeowner or his immediate family, only Town-licensed contractors are permitted to work on your property.
Q: How long does a contractor's license last?
A: A contractor's business license is valid from the day of issue through December 31.
Q: Can general contractors perform work such as electrical, plumbing or mechanical?
A: No. There are different qualification requirements for each trade, and various agencies in the state of South Carolina offer the necessary exams.
Q: Do I need a permit if my project is under $500?
A: Generally, no. Permits are not required for minor, non-structural repairs.
Q: How do I schedule an Inspection?
A: Call the Building Department at (843) 719-7900.
Q: How will I know the results of my inspection?
A: The results of your inspection will be posted and signed on the permit at the job site.
Q: How do I obtain a Building Permit application?
A: You may obtain a building permit application by clicking here. Applications are also available at Town Hall, 118 Carolina Ave or call 843-719-7900 and one can be faxed to you.
Q: How much does a Building Permit cost?
A: The Building Department bases the cost of a building permit upon the value of construction and type of construction.
Judicial
WARNING: You are strongly encouraged to seek the advice of an attorney in any legal matter. If you move forward without an attorney, it may negatively affect your legal rights. If you have questions about your legal rights or the law that affects your case, please talk with an attorney.
DISCLAIMER: The general information provided in these FAQs is not legal advice, cannot be cited as legal authority, and cannot replace the advice of an attorney licensed in South Carolina. The information in these FAQs is accurate as of the date of publication. If you decide to bring a lawsuit in a South Carolina court without an attorney, you are responsible for researching the law on your own. Please note that the presiding judge in each case decides what law applies in that case.
Q: I missed my court date, what do I do?
A: When you fail to appear for court, you are tried in your absence. If found guilty, a bench warrant will be issued for your arrest and you will receive notification that your driver's license will be suspended. The appropriate action would be to contact the Clerk of Court Office immediately to find out the amount of the fine(s) and pay it right away. You will generally not get another court date.
Q: I cannot attend court on my scheduled court date, can I reschedule?
A: Under certain circumstances, you may request a continuance. You must contact the Clerk of Court prior to your court date.
Q: Do I need an attorney?
A: The law allows you to represent yourself as an individual in court. However, the laws and rules that govern courts can be complicated. Only an attorney can advise you of your legal rights, provide legal advice, and act on your behalf.
If you choose to proceed without an attorney, court officials and court clerks cannot give you legal advice or advise you on how to prepare your legal documents. You will need to do your own research in order to prepare your case.
Q: Can you refer me to an attorney?
A: No, but we can provide the number of the South Carolina Bar Lawyer Referral Service at 1-800-868-2284 (toll free) and South Carolina Legal Services Telephone Intake Service (LATIS) at 1-888-346-5592 (toll free).
Q: Do you have forms I can fill out for my case?
A: The court-approved forms and packets are available online at: http://www.sccourts.org/forms http://www.sccourts.org/selfHelp/index.cfm
Q: What are the filing fees?
A: There is not a filing fee for the Moncks Corner Municipal Court. The court has court appointed attorneys. You must fill out an Indigency application, return it to the court and if you are approved, the court will appoint an attorney to represent you only on certain cases.
Q: Can I get a Public Defender?
A: No, not in the Moncks Corner Municipal Court. We do not have a contract with the Public Defender's Office.
Q: Can I make monthly payments on fines?
A: If you appear for court, and are found guilty you will be expected to pay your fines at that time. In certain instances, you may be given time to pay your fine.
Q: What form of payment do you accept?
A: We accept cash, as well as money orders or cashier’s checks in the correct amount, payable to the Town of Moncks Corner, and Visa or MasterCard with a picture ID.
Q: Can I appeal the Judge's ruling?
A: You can appeal the judge’s ruling but it must be based on a legal matter only. Your appeal must be requested within 10 days after your court date. You will need the following information for your appeal: Citation or Warrant number (s), your full name, address and telephone number along with a full written explanation of your reason you wish to appeal the Judge’s decision. You must file your appeal with the Berkeley County Commons Plea Court located at 300-B California Avenue, Moncks Corner, SC.
Q: My license was suspended for failure to appear or for failure to pay fine. How do I get my license back?
A: First, you must pay your fine in full to the Moncks Corner Municipal Court. The court will inform you orally the steps needed to be taken and provide you with a withdrawal form, DL-53, which also outlines the steps needed to be taken if your license has been suspended. You must pay a re-instatement fee.
South Carolina Drivers:
You must present in person at a local DMV Office or mail the blue copy of Form DL-53 to:
Driver Records
Drawer 100178
Columbia, South Carolina 29202-3178
Telephone: 803-737-4000
If the compliance is not received in the Driver Records Office before the beginning date of the suspension, a $100.00 reinstatement fee will be required by the State in order for the suspension to be withdrawn.
Out of State Drivers:
You must present or mail the blue copy of Form DL-53 along with any applicable reinstatement fees to the state in which you are a licensed driver. Any questions you may have concerning reinstatement fees or driver's license suspension must be directed to your home state.
Q: Do I have to appear in court?
A: If you receive a Subpoena or a “Rule To Show Cause” to appear in court, then you must appear in Court. In all cases it is in your best interest to go to your trial or hearing. If you do not appear, you may lose your case because you are not there. You cannot appeal if you lose your case because you did not show up.
Q: What do I say in court?
A: When you appear in Court, listen carefully to the judge and ask the judge’s permission before you speak. You must stand when speaking to the judge, unless you are physically unable. When you speak to the judge, start by saying "Your Honor." Always speak directly to the judge, and speak loudly and clearly. Remember that only one person can speak at a time. Avoid arguing or interrupting another person. Control your emotions as much as possible.
- Don’t talk while other people are talking in court.
- Don’t shake your head or sigh loudly when you don’t like what somebody else says. You will have your chance to talk.
- When it’s your turn to talk, stay calm.
- Talk loudly enough for everyone to hear you. Remember that the court reporter is making a written record of what you say.
- Don’t yell or curse.
Q: What do I wear to court?
A: You do not need to buy new clothing for court, but dress respectfully.
- Don’t wear shorts, short skirts, flip flops, low-cuts tops, sleeveless shirts, or shirts with inappropriate words or images on them.
- Dress neatly.
Q: Are there any additional things I need to know before I appear in court?
- Don’t wear a hat or head covering in the courtroom, unless for religious or medical reasons.
- Don’t drink, eat, smoke, or chew gum while in the courtroom.
- Don’t bring drugs or alcohol into the courthouse. Don’t use drugs or alcohol before you come to court.
- Don’t bring guns, knives, or any other kind of weapon to court with you. Please note that there are metal detectors at the courthouses and deputies will search your bags when you go through the security check-point.
- Don’t bring your cell phone or electronic devices such as blackberries, iPods and other MP3 players to court. Some counties prohibit them in Court and will hold them in a room while you are in court. If you are allowed to bring your cell phone to the court, turn it off before you walk into the courtroom. If your phone rings or disturbs the proceedings, court officials may take your device and you may have to pay a fine.
- Arrive on time.
- Arrange for childcare prior to coming to court.
- Encourage all witnesses to arrive early for the hearing or trial.
- Bring all evidence you intend to present.
- Stand up when the judge enters or leaves the room and remain standing until the judge leaves or says you can sit down.
- Because each county is different, make sure you follow any additional rules specific to that court.
Q: May I speak with the judge in my case?
A: Judges cannot talk with you about your case unless all sides are present. Therefore, the only time to speak to a judge is during your hearing or trial.
Q: What is a docket?
A: The docket is the list of cases to be tried in a certain timeframe.
Q: When will my case be heard?
A: In most cases when a citation is issued by an officer for an offense, a court date, time and address is placed on the defendant’s copy. All cases for the Moncks Corner Municipal Court are either at 8:30am or 1:30pm on Thursdays. Your case could be the first or last, according to when your officer is before the judge. If you have requested a continuance or a jury trial, your case will not be heard at this time. You will be given a date & time in writing when your case will be heard. Jury Trials generally take a while because of many factors, such as the number of parties involved, the complexity of the issue(s) the time it takes for each side to investigate the claims, and the number of cases already on the court’s docket.
Q: How do I get copies of files?
A: The Moncks Corner Police Department and the arresting officer(s) retain the original arrest files. The only information that remains with the court will be the actual court docket and recordings.
Police Department
Q: Where do I pay a ticket?
A: At Moncks Corner Town Hall, 118 Carolina Ave.
Q: Do Victims pay for incident reports?
A: No but they do pay for accident reports.
Q: Is there a charge for accident reports?
A: Yes accident reports are $10.00 per report.
Q: Where do I pick up incident reports?
A: Reports are picked up at the Police Department, 118 Carolina Ave.
Q: Where do I as a victim request to sign a warrant?
A: At the Police Department, 118 Carolina Ave.
Q: Where do I as a victim sign a restraining order?
A: At the Police Department, 118 Carolina Ave.
Q: Is there any paper work I will need in order to sign a restraining order?
A: Yes, you will need a copy of your incident report.
Q: How can I have an arrest expunged from my arrest record?
A: Contact the Solicitors office at 1-843-719-4529.
Public Service
Q: Who do I call to report a pothole?
A: All streets in the Town are owned and maintained by either SCDOT or Berkeley County. The SCDOT Maintenance garage can be reached at 843-761-8481, and Berkeley County Roads & Bridges can be reached at 843-719-4129.
Q: When is residential garbage picked up?
A: Residential garbage, yard debris and recycling is picked up on Thursdays.
Utilities
Electric
Telephone
Water & Sewer