Two early steps in a South Carolina criminal case are the preliminary hearing and the indictment. A preliminary hearing is a short hearing in front of a Magistrate Judge where the officer must testify about the basis for a charge. An indictment is the document required to move a case forward in General Sessions court.
Frequently Asked Questions
What is a preliminary hearing and how do I request one?
If someone is arrested and charged with a serious misdemeanor or a felony charge, which would be in the Circuit Court here in South Carolina, then the person is entitled to a preliminary hearing.
A preliminary hearing is a short hearing in front of a Magistrate Judge, where the police officer who arrested you or investigated you and made the case is required to go to court and testify under oath the basis for that charge. In other words, should that charge stick and go further with the prosecutor, or should it be dismissed?
The preliminary hearing is a fairly minor step. A lot of law firms don’t request a preliminary hearing. The Complete Legal Defense Team always does, and has had some success. The likelihood of your case being dismissed at the prelim is not great, but if there’s any chance that could happen, it is a valuable hearing, and the team does not like to waive them.
In many instances, especially if you live out of state, it’s not even necessary for you to appear. The team can go to represent you and ask questions on your behalf, and at least find out more about your case if unable to get it dismissed.
What is the purpose of an indictment?
What is an indictment? It’s a procedural step. It’s honestly not that important in South Carolina. It should be important to the Grand Jurors, because they should protect you from the government if the State doesn’t have a case. The reality is that the prosecutors type an indictment and send it to the Grand Jury, and they just rubber-stamp everything.
The difference between an indictment and an arrest warrant is that officers can get an arrest warrant by doing an affidavit before a judge, and then the judge says, “Okay, here’s a warrant to go arrest that individual.” Once the individual is arrested, the case cannot go forward in General Sessions court, or in the felony court, without an indictment.
So it’s a procedural step, it’s not that significant, but that’s what it is. People hear the term and they don’t know what it is. It’s not unlike an arrest warrant. It’s just a document that’s necessary to go forward with a particular case in the Circuit Court, or the General Sessions court in South Carolina.
Why Choose Greg McCollum for a Charge in South Carolina
Facing a charge in South Carolina can raise many questions about what happens next. Greg McCollum brings 30 years of experience and a background as a former prosecutor to cases in the state’s Circuit Court. That background can help clients understand each step of the process, from the preliminary hearing to the indictment and beyond.
If you have questions about preliminary hearings and indictments in South Carolina, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.