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    • Probable cause hearing

      • A preliminary hearing in SC is a probable cause hearing where the prosecution must prove that there was probable cause for your arrest and charges. If there was no probable cause, your case is dismissed.
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  1. Aug 21, 2014 · In South Carolina, any person arrested in South Carolina for a felony (and some misdemeanor charges) has a right to a preliminary hearing. If you don’t request the hearing within ten days of receiving notice of this right (see the form below), then you’ve waived your right to the hearing.

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  3. If the defendant requests a preliminary hearing, the hearing shall be held within ten days following the request. The hearing shall not be held, however, if the defendant is indicted by a grand jury or waives indictment before the preliminary hearing is held.

  4. Jun 24, 2024 · Rule 2 - Preliminary Hearings. (a) Notice of Right. Any defendant charged with a crime not triable by a magistrate shall be brought before a magistrate and shall be given notice of his right to a preliminary hearing solely to determine whether sufficient evidence exists to warrant the defendant's detention and trial.

  5. When a person is notified of his right to a preliminary hearing, he shall be furnished a simple form providing him an opportunity to request a preliminary hearing by signing and returning this form to the advising magistrate then and there or thereafter.

  6. Feb 13, 2024 · In South Carolina Criminal Courts, all Defendants charged in General Sessions Court (crimes that carry 30 days or more) are entitled to a preliminary hearing. What is a preliminary hearing? This article will outline the six things you need to know about them.

  7. Preliminary Examinations. Rule 2, South Carolina Rules of Criminal Procedure (SCRCrimP) gives defendants charged with offenses beyond the jurisdiction of magistrate and municipal courts certain rights to preliminary hearings, but differs from the statutory procedure in several important respects.

  8. Oct 19, 2022 · A preliminary hearing is a short court proceeding that can be conducted or waived by the defendant when there are no contested facts in a criminal case. In some jurisdictions, such as South Carolina, it can also be an opportunity for either side to share information with the judge before trial.

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