Strom Law Firm Columbia SC
No obligations & no credit card required

Requesting a Preliminary Hearing in South Carolina

You have the right to request a preliminary hearing and have an attorney present to protect your rights.

Do not let the time pass for requesting a preliminary hearing in South Carolina. If you are arrested and charged with a General Sessions Court offense in South Carolina, you have the right to challenge the probable cause for your arrest.ย  However, you must act quickly as you only have ten days from the date on which you are arrested for requesting a preliminary hearing in South Carolina.

Requesting a Preliminary Hearing in South Carolina

 

The Purpose of a Preliminary Hearing in South Carolina

In South Carolina, for a criminal case to proceed, the prosecution must show sufficient evidence to establish “probable cause” to bind the accused over to theย grand juryย forย indictment. Probable cause isn’t proof of guilt. Instead, probable causeย exists when a reasonable person could be persuaded that the accused committed the crime.

What Occurs at a Preliminary Hearing in South Carolina

A preliminary hearing is a hearing held before a Magistrate or Municipal Court Judge who will determine whether or not there is sufficient probable cause for your criminal charges.

A preliminary hearing isn’t a trial.ย A magistrate hears a preliminary hearing without a jury, andย the accused isn’t required to be present. The accused can’t testify or present any evidence. Generally, the prosecution calls a witness to testify aboutย probable cause. Thisย witness is typically the arresting officer or the chief investigating officer. This hearing is one of the few in South Carolina where hearsay testimony is allowed.

South Carolina law says that a defendant who is timely requesting a Preliminary Hearing in South Carolina should have the hearing held within ten days of the request, so they generally happen very quickly. However, if the grand jury indicts the case before the preliminary hearing getting held, then the preliminary hearing won’t be heard. Normally, they happen quickly enough that this is not an issue. Still, occasionally the hearing gets continued for various reasons, and enough time may slip that the indictment is made while waiting on the hearing. Also, if you apply for a public defender, the appointment doesn’t happen quickly and may take longer than the time set for your preliminary hearing. In that case, the hearing will be continued until you have a public defender.

During the hearing, yourย criminal defense lawyerย is allowed to cross-examine the officer, but this cross-examination is limited to asking questions relating to probable cause, not the entire case. ย The Judge then reviews the testimony and decides whether probable cause exists. If so, the Judge will say the case is “bound over for trial.” If not, the Judge will dismiss the case. However, even if the Judge dismisses the case, the prosecution can still presentย the case to the grand jury for indictment.

If your case is bound over by the Judge, your case will be sent to the Grand Jury for indictment before trial.

If your criminal charges are dismissed by the Judge in your preliminary hearing, your charges will either remain dismissed, or the criminal Prosecutor will have the opportunity to directly present your case to a Grand Jury for indictment.

If at the time of your preliminary hearing your case has already been indicted, you are not entitled to a preliminary hearing per the South Carolina Rules of Criminal Procedure, as the probable cause has already been established by the Grand Jury’s return of a “true billed” indictment.

Contact our criminal defense attorneys today for a free consultation to discuss Requesting a Preliminary Hearing in South Carolina and to learn how we can help you.

Requesting a Preliminary Hearing in South Carolina

How this works

Step 1 - Welcome
In this step, you'll experience a warm welcome as you enter the Strom Law Firm.
1
Step 2 - Initial Meeting
You'll meet with professionals. They will go through the facts of your case, explain the entire process.
2
Step 3 - Preparations
We builds your case by interviewing witnesses, conducting legal research, drafting pleadings, and hiring experts.
3
Step 4 - Trial
You'll learn that the firm is trial-ready. They've been preparing since day one and will guide you through the process.
4
Step 5 - Resolution
your case concludes with the firm hoping for a positive outcome. They assure enduring friendships and a commitment to being there for you, regardless of future legal needs.
5
No obligations & no credit card required

STROM LAW IS...

0 +
years combined
legal experience
0 +
awards &
accredetations
0
Founded
in
0
years
in business

What Our Clients Say

They truly care
Mrs Vallery, who answered the phone took more care and attention to detail than any other law office, that I have called, in 2 years+. She diligently took notes to give to the lawyers and cared about my situation and let me actually tell everything without cutting me short. Out of over 100 law offices, this is rare treatment. Care. Consideration. That means more than anything going through this…
Anonymous
google-logo
Professional Representation, Satisfying Legal Outcome!
My wife and I retained Bakari Sellers to represent our son in a case in Richland County. We found Mr. Sellers, his assistant Stephanie, and the rest of the staff at Strom, extremely courteous and professional. We really appreciated Mr. Sellers’ straightforward and honest approach. We believe this is a very competent law firm, and are satisfied with the legal outcome they achieved. We would highly recommend them!
Bryan B.
google-logo
Exceptional Legal Team After Our Car Accident!
We retained Atty Jessica Fickling to help us after a terrible car accident. She and her paralegal Mallory were wonderful! Professional, skilled, savvy – we couldnโ€™t have asked for a better legal team. Many thanks!!
Jocelyn C.
google-logo
Strom Law Firm's Consistent Excellence
I have been a client with The Strom Law Firm for thirty years and have been incredibly blessed to have the assurance that they will do everything possible to provide excellent service to my needs. Ally Benevento is exceptional and represents the firm in a professional manner.
Timothy O.
google-logo
From Self-Representation to Victory in SSDI Case!
My experience with Mario and his staff was outstanding. When everyone said to give up my case with SSDI and after being poorly represented and losing. I had to file my own appeals and represent myself. I literally called every attorney in the book. Then I called Mario cold – I expected one more no! Well, this gentleman took my case and won. He knows the law and cares a lot. I am proud to call him my friend. If you need a professional to help you, call these guys.
Robert L.
google-logo
A Pleasure to Work With, Outstanding Case Outcome!
Thanks Olivia, It was a pleasure working with you. You were well prepared and presented our case in a very professional manner. I could not have ask for a better outcome. Working with everyone at the Strom Law Firm has always been a pleasure and I will be happy to recommend your Law Firm to anyone.
Nancy G.
google-logo
A Lifesaver in the Courtroom, Ensuring Freedom with A1 Professionalism
Needed a lifesaver. I had gotten myself into a bad situation and the possibility of going to prison. Through the diligence and hard work done by attorney Alley B., I was able to walk out of that courtroom a free man. No tricks just hard down attorney work. She was an A1 professional and knew every inch of the Law pertaining to my case. For that, I am forever grateful.
Anonymous
google-logo
A Winning Team at Strom Law Firm!
John Alphin was great. We basically worked together for 22 months. Bakari Sellers was also on the team and together those 2 guys were fabulous. Won the case and Iโ€™m still a client of Strom law firm. Thank you and awesome law firm.
Steve T.
google-logo
Excellence in Action for Workman's Comp Case!
Strom Law Firm was really great and professional. I had a great experience with Mario as my attorney and his paralegal, Brian. These two are amazing, they worked very hard on my husband’s workman’s comp case and we were very pleased with the services and results ๐Ÿ‘. Brian was so prompt at returning phone calls and getting things ready for the case. I strongly recommend this firm for any of your legal matters. If I had to use you guys again, I would be happy to do so.
Mary W.
google-logo
Mastering Complex Legal Issues with Care and Compassion
Mario Pacella at Strom Law Firm LLC in Brunswick, Georgia, is a masterful, no-nonsense lawyer. His caring and compassionate approach, along with prompt responsiveness, sets him apart. Mario and the firm exhibit exceptional professionalism and attention to detail, emphasizing genuine care for every client.
L. Gilder
google-logo
No obligations & no credit card required

Contact Us For A Free Case Evaluation

  • This field is for validation purposes and should be left unchanged.

No obligations & no credit card required

*A consultation fee applies to employment matters