The South Carolina Petition To Waive Prosecution By Indictment (Preliminary Questions) is a form used by the South Carolina Department of Justice to waive the prosecution of an individual by a Grand Jury. The petition allows for the state to waive prosecution by indictment and instead proceed with a plea bargain. This form is used when an individual has been charged with a felony or misdemeanor, and they wish to waive the right to a trial by jury and instead enter a plea bargain. The form includes preliminary questions regarding the criminal charges, the accused’s prior criminal record, and the reasons for waiving prosecution by indictment. There are three types of South Carolina Petition To Waive Prosecution By Indictment (Preliminary Questions): Initial Waiver, Waiver After Plea Agreement, and Waiver After Conviction.
South Carolina Petition To Waive Prosecution By Indictment (Preliminary Questions)
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FAQ
If you have been indicted, you will be summoned to appear in court, where the charges against you will be read. You will then have the opportunity to enter a plea of guilty or not guilty. If you plead guilty, the trial will end, and you will be sentenced ing to the crime you committed.
When does the arraignment occur? An arraignment occurs long before your trial begins. In fact, your arraignment can be months or even a year prior to your trial. If you have already been arrested and are in jail for the crime, your arraignment will be within a short period of time after your arrest.
SECTION 17-23-90. Indictment and trial of persons committed for treason or felony; consequences of failure to indict.
In certain felony cases this process will occur during a formal arraignment before a circuit judge in the courtroom. In each case, the accused is informed of the charges against him or her and is asked questions to determine his or her eligibility for representation by the public defender or court appointed counsel.
Article I, Section 14 of the S.C. Constitution, and the Sixth Amendment to the U.S. Constitution provide that the accused in a criminal trial shall have the right to a speedy and public trial. The right to a speedy trial is a right which can be waived.
If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under this rule, he shall promptly notify the other party or his attorney or the court of the existence of the additional evidence or material.
The Palmetto State, however, has no statute of limitations for any criminal prosecution, meaning prosecutors can bring charges whenever they have sufficient evidence, no matter how much time has passed.
An indictment by definition is a formal accusation against you by majority vote of a grand jury. Not every crime requires a grand jury indictment; most misdemeanor offenses don't require one, and crimes prosecuted by the State of South Carolina don't always require a grand jury.