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South Carolina Petition to Waive Prosecution by Indictment Preliminary...

South Carolina Petition to Waive Prosecution by Indictment Preliminary Questions

Name: South Carolina Petition to Waive Prosecution by Indictment Preliminary Questions
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.64 (252 reviews)

Category:

South Carolina Federal - District Court - Special Instructions

State:

South Carolina

Control #:

SC-SKU-0209

Format:

Instant download

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Petition to Waive Prosecution by Indictment Preliminary Questions

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Article I, Section 14 of the S.C. Constitution, and the Sixth Amendment to the U.S. Constitution provide that the accused in a criminal trial shall have the right to a speedy and public trial. The right to a speedy trial is a right which can be waived.

There is no set time limit for a defendant's constitutional right to a speedy trial. Instead, SC courts use the factors outlined in Barker v. Wingo, including 1) the length of the delay, 2) the reason for the delay, 3) the defendant's assertion of their right, and 4) the prejudice to the defendant.

SECTION 17-23-90. Indictment and trial of persons committed for treason or felony; consequences of failure to indict.

When does the arraignment occur? An arraignment occurs long before your trial begins. In fact, your arraignment can be months or even a year prior to your trial. If you have already been arrested and are in jail for the crime, your arraignment will be within a short period of time after your arrest.

If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under this rule, he shall promptly notify the other party or his attorney or the court of the existence of the additional evidence or material.

SC Code § 17-23-162 says that the ?affiant listed on an arrest warrant or the chief investigating officer for the case must be present to testify at the preliminary hearing.? It is not enough for a supervisor or another officer with no personal knowledge of the case to simply read the warrant affidavit or incident

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Only judges decide the outcome of motions. Common pre-trial motions include: Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case.The court shall inquire of the defendant on the record to ensure that the defendant understands his or her right to discovery and right to waive discovery. The court may direct that an offer of proof be made in question-and-answer form. (d) Preventing the Jury from Hearing Inadmissible Evidence. The Court of Common Pleas has jurisdiction to hear preliminary hearings in felony matters to determine whether a defendant should be "bound over" for trial. The prosecutor must file the Information within 15 days of the date the defendant was "held to answer" at the preliminary hearing. Felony cases begin with a preliminary hearing — a mini- trial in which testimony is taken under oath. The defendant may waive a preliminary hearing. At a non-jury trial, the Judge decides questions of fact and questions of law.

South Carolina Petition to Waive Prosecution by Indictment Preliminary Questions

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What is the speedy trial code in South Carolina?

What is considered a speedy trial in South Carolina?

What is the SC Code 17 23 90?

How long after indictment does arraignment happen in SC?

What is the rule 5 request for discovery in SC?

What is SC Code 17 23 162?

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