South Carolina Petition to Waive Prosecution by Indictment Preliminary Questions
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How to fill out South Carolina Petition To Waive Prosecution By Indictment Preliminary Questions?
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FAQ
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
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.
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.
SECTION 17-23-90. Indictment and trial of persons committed for treason or felony; consequences of failure to indict.
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.
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.