If you have recently been charged with a crime in South Carolina and have received paperwork at bond court, you may have noticed a form to request a preliminary hearing. For many defendants, especially those with cases in General Sessions, this can be an important step in protecting your rights and learning more about the allegations against you.
A preliminary hearing is an optional court proceeding where a magistrate judge decides if the accusations made against you are enough to justify the issuance of an arrest warrant. During the hearing, a police officer—often the arresting officer—will testify about the accusations, usually by reading directly from the incident report. The defense does not present evidence, and the defendant does not testify. The sole purpose is for the magistrate to determine whether the facts alleged, if true, could constitute the crime charged.
In most counties, including Lexington, prosecutors typically do not appear at preliminary hearings. These hearings are not trials and do not determine guilt or innocence. Instead, they provide an early look at the case and the evidence the state claims to have. Although many times nothing new is revealed beyond what is already in the police report, occasionally important details emerge that can be helpful to the defense. In a small percentage of cases, the magistrate may even dismiss the warrant if the accusation is found to be legally insufficient. While prosecutors still have the option to continue the case through the grand jury process, they often do not pursue charges that a magistrate has already questioned.
To request a preliminary hearing, you must act quickly. The request must be submitted within 10 days of receiving the form. You are only eligible if the case has not already been submitted to the county grand jury. The grand jury process is entirely separate, takes place in secret, and the defendant is neither notified nor allowed to attend. Preliminary hearings are typically scheduled several months after they are requested, but it is important to understand that you have the right to request one, not necessarily to receive one. If you retain the Law Office of James R. Snell, Jr., LLC, within this 10 day window we will submit the request on your behalf. Preliminary hearings are only available for those with General Sessions charges. Magistrate or city court charges are not eligible. For example, preliminary hearings are not available for first offense DUI, but are available for DUI 2nd.
At the Law Office of James R. Snell, Jr., LLC, we recommend that anyone eligible for a preliminary hearing make the request. Even if the hearing ends up being little more than the reading of a police report, there is always the possibility of learning something new about the allegations or the investigation. Our office regularly requests and attends preliminary hearings on behalf of our clients in Lexington, Columbia, and throughout South Carolina. When handled strategically, a preliminary hearing can be a valuable opportunity to strengthen your defense.
All cases are unique, and prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters. If you have questions about requesting a preliminary hearing or need representation in your criminal case, call the Law Office of James R. Snell, Jr., LLC, at (803) 359-3301. Same-day appointments are typically available.