South Carolina Notice of Hearing
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FAQ
SECTION 17-23-90. Indictment and trial of persons committed for treason or felony; consequences of failure to indict.
The rule to show cause shall be signed by the issuing judge with the date of issuance and shall require the responding party to appear in court, at a clearly stated date, time and place, to show cause why the responding party should not be held in contempt and why permissible relief requested by the moving party should ...
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.
In South Carolina, the right to a Preliminary Hearing is conferred by statute. (S.C. Code Ann. § 22-5-30) At the preliminary hearing a Magistrate determines if there is probable cause to believe that a criminal offense has been committed and, if so, if there is probable cause that the defendant committed that offense.
A preliminary hearing usually has one of three outcomes: Go to trial. Most often, the defendant is held to answer (or "bound over") for trial on the original charge. Reduced charges. Sometimes, when the charge is a felony, the judge may reduce the charge to a misdemeanor or a less serious felony. Dismissed!
Charges generally aren't dismissed at preliminary hearings because the standard of probable cause, which amounts to a sound suspicion, is so much lower than the standard at trial, which is beyond a reasonable doubt.
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 ...
The prosecutor must file the Information within 15 days of the date the defendant was ?held to answer? at the preliminary hearing. The trial must start within 60 days of the arraignment on the Information. The defendant can ?waive? (give up) the right to a speedy trial.
Once the preliminary hearing is over, the case is ready to head to trial. The prosecution can move forward with its case against you. The court will likely get your case on the docket within a few days of your preliminary hearing, although the actual trial date may be several weeks or even months down the road.