As part of the legal process in this country, there are built in protections to ensure that innocent people aren’t falsely charged with committing crimes. In criminal matters involving serious charges, the court makes the effort to ensure that there is sufficient evidence against a person who is charged before beginning the process of bringing the case to trial. This is generally accomplished through a preliminary hearing . This occurs early in the case, and provides a judge the chance to hear the evidence presented against the defendant, or person being charged with a crime. Although defendants are required to receive notice of their right to have a preliminary hearing, actually going through and holding a preliminary hearing is not required or even necessary in every case. Defendants have the option of waiving their right to a preliminary hearing. If you’re facing criminal charges , it’s important to understand what happens at a preliminary hearing, and if having one is in your best interests.
What Happens at a Preliminary Hearing?
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Under Rule 2 of the South Carolina Rules of Criminal Procedure, defendants who have been charged with serious crimes beyond the scope of magistrate or municipal court are entitled to request a preliminary hearing. Notice of the defendant’s right to a preliminary hearing is generally given at the bond hearing, and the defendant then has 10 days in which to request the preliminary hearing in writing. The actual hearing must be held within another 10 days after the request.
At the preliminary hearing, the state, as represented by the attorney general or a member of law enforcement, will present evidence of probable cause that a crime was committed by the defendant. The whole point of the proceeding is to convince the judge that the criminal charges are more than just an accusation; that there is indeed hard evidence to back up the charge. Witnesses may be presented, and the defendant is allowed the right to cross-examination, meaning that he can ask questions meant to dispute the charges. The defendant is not permitted to present any evidence in support of his innocence; the person charged will get that chance later at trial. The preliminary hearing simply allows the judge to determine if there is probable cause, and if a trial should be held.
There are circumstances in which a defendant is not given the right to a preliminary hearing, such as when the defendant is indicted by a grand jury .
Should I Request a Preliminary Hearing?
While the defendant has the right to request a preliminary hearing, it’s not always in their best interest to do so. It is often a matter of legal strategy to not request the preliminary hearing, due to the timing in which the hearing takes place. Generally, the hearing is held within a month of the crime the defendant is accused of committing. This means that witnesses may still be very clear on what happened, and their testimony is more likely to be both detailed and compelling. By not requesting the preliminary hearing, additional time is allowed to elapse between the crime and the trial, increasing the likelihood that witnesses may have trouble remembering details, or may even be unavailable by the time the trial occurs. Unavailable witnesses or weak witness testimony can increase the likelihood that a defendant will be found not guilty.
Contact an Experienced Criminal Defense Attorney Today
If you are facing criminal charges, contact an experienced South Carolina criminal defense attorney right away. Greenville attorney Lauren M. Taylor has experience handling a multitude of serious criminal matters, and can strategize the best course of defense in your particular case. Don’t delay in getting the strong legal representation you need. Before waiving your right to a preliminary hearing, contact us to discuss your case. Our office serves all of Upstate South Carolina, so call us today for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.