Whether you are facing misdemeanor or felony criminal charges , you have the right to request a jury trial. This basic right is protected both by the United States Constitution, as well as the South Carolina State Constitution. A jury trial gives you the opportunity to present the facts in your case, to dispute evidence the prosecution has, and to speak in your own defense. Jury trials provide a measure of justice to be served, and ensure cases are decided in a fair and impartial way. Rather than having the decision rest on some legal or legislative body, your fate is in the hands of a jury comprised of your peers. While many people charged with crimes feel strongly about taking their case before a jury, few are prepared for the waiting and delays that are common in these types of cases.
Your Right to a Jury Trial
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Facing criminal charges carries the potential for serious penalties. With misdemeanor charges, you could be looking at fines and potential jail time of up to a year. With felony charges, the fines are even larger, and jail sentences can range from one to 10 years or more, depending on the crime you are charged with and the circumstances in which it took place. Simply being charged with a crime is not enough to warrant punishment. The Sixth Amendment to the United States Constitution guarantees U.S. citizens the right to a fair trial, as well as the right to have their cases judged by a jury of their peers. The right to a jury trial is also protected under Article 1, Section 14 of the South Carolina Constitution. Both of these documents also afford you the right to a speedy trial, but getting to the point where you are ready to go to trial can be a frustratingly long and often tedious process.
Timelines For Jury Trials
In order to have your case heard before a jury, a number of things need to happen first. The steps involved in a criminal case are as follows:
- Bond hearing/posting bond;
- Preliminary hearing;
- Grand jury indictment;
- First appearance or ‘roll call’ hearing; and
- Second appearance.
It is at this second appearance that you and your attorney will inform the judge as to whether you wish to accept a plea offer, or proceed on to trial. Once you have decided to go to trial, your attorney as well as the prosecutor will begin the process of gathering evidence in the case. It will be up to the court where your case will be heard and to list your case on the court roster. Jurors will need to be summoned, and the process of picking a 12-person jury will begin, with the opposing attorneys agreeing or disagreeing on each one. This entire process is slow and can often take up to two years or more. While the court does not intend to delay the process, it is important to ensure that all parties are ready when it is finally time to go to trial.
Let Us Help You Today
If you are facing criminal charges, reach out to an experienced South Carolina criminal defense attorney today. Greenville attorney Lauren M. Taylor provides the aggressive legal representation you need, while ensuring your rights are protected. Our office has experience handling a multitude of serious criminal matters, and can strategize the best course of defense in your particular case. Contact our attorney 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.