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What is the purpose of a Preliminary Hearing? The purpose of a Preliminary Hearing is very limited. It is only held to determine whether or not a crime may have been committed and whether the defendant may have been involved in that crime.

In South Carolina, the right to a Preliminary Hearing is conferred by statute. (S.C. Code Ann. § 22-5-30) At the preliminary hearing a Magistrate determines if there is probable cause to believe that a criminal offense has been committed and, if so, if there is probable cause that the defendant committed that offense.

The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.

Pretrial is the time period after an individual has been arrested but before their case has been adjudicated. During this time period, a U.S. Pretrial Services Officer will gather information about the defendant through interviews and record checks.

Preliminary hearing is a screening device to determine whether there is probable cause to believe that the defendant committed the crime charged. 2. Greater evidentiary and procedural latitudes are permitted at a preliminary hearing because it is not a mini-trial.

South Carolina law says that a defendant who timely requests a preliminary hearing should have the hearing held within 10 days of the request, so they generally happen very quickly.

Possible Outcomes Of The Preliminary Hearing The most prevalent outcome of a preliminary hearing is that the judge finds probable cause to charge you.

SECTION 17-23-162. Presence of affiant or arresting officer to testify at preliminary hearing.

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Once the defendant has entered a plea of not guilty, a preliminary hearing will often be held. Once discovery is complete and any plea offers have been rejected, the case will be listed for trial.The Agenda for Case Management at Preliminary Hearing. When it sends out a notice of hearing for the private preliminary hearing, i.e. Waiver of a Preliminary Hearing. Download Form (pdf, 739. Many cases in Maricopa County are set for preliminary hearing. You might have more than one preliminary hearing. Arrest and Initial Appearance. Preliminary Hearing. Counsel. Release.

South Carolina Preliminary Hearing Notice

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