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A SC preliminary hearing is a ?probable cause hearing? where the arresting officer will testify as to why he or she arrested you and attempt to establish probable cause for the arrest. Every person charged with a General Sessions level criminal offense in SC has a statutory right to a preliminary hearing.
Defendants are encouraged to call 803-435-2670 to discuss court dates, appearance options and payments.
Upon written request of the prosecution, the defendant shall within ten days or at such time as the court may direct, notify the prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of the crime or to enter a plea of guilty but mentally ill.
Either the same day or the day after a defendant is arrested and charged, they are brought before a magistrate judge for an initial hearing on the case.
If the defendant requests a preliminary hearing, the hearing shall be held within ten days following the request. The hearing shall not be held, however, if the defendant is indicted by a grand jury or waives indictment before the preliminary hearing is held. The defendant may appear by counsel or in person or both.
Temporary hearings are very brief, and the parties are limited in what they can present to the family court. Temporary hearings usually last less than thirty minutes and there is no live testimony by the parties or any of their witnesses.
SOUTH CAROLINA FAMILY COURT RULE 14 - RULE TO SHOW CAUSE In its most basic form, a Rule to Show Cause hearing is an action claiming contempt of court. It is a legal action where the complaining party is alleging that the other party is acting in violation of a previous court order issued by the Family Court.
Specifically, Rule 5 of the South Carolina Rules of Criminal Procedure provides that, upon request by you, the prosecution has to provide you with or let you inspect any statements you've made, your prior criminal history, any books, papers, documents, photographs, tangible objects, buildings or places, which are under