What Is a Preliminary Hearing in South Carolina?
Call Florence Office
(843) 407-1583
Call Summerville Office:
(843) 900-2020
✕
  • HOME
  • OUR FIRM
    • David M. Smith
    • Gregory D. Ammons
    • Joshua T. Howle
    • Brice E. Ricker
    • Marsh A. Julian
    • Meet our Team
    • In The News
  • PRACTICE AREAS
    • Family Law
      • Divorce
      • Mediation
      • Equitable Apportionment
      • Alimony
      • Custody
      • Visitation
      • Child Support
      • Adoption/Termination Of Parental Rights
      • DSS Actions
      • Guardian ad litem Services
    • Probate
    • Civil Litigation
      • Construction Dispute
        • Construction Defect
        • Mechanic’s Lien
      • Contract Disputes
        • Breach of Contract
        • Legal Remedies
      • HOA Disputes
      • Non-Compete Disputes
      • Property Damage
      • Unfair Trade Practices
      • Lemon Law
    • Personal Injury
    • Disability
    • Criminal Defense
    • DUI / Traffic
    • Worker’s Compensation
    • Medical Malpractice
    • Wrongful Death
  • WHAT OUR CLIENTS SAY
  • PAY BILL
  • FAQ
    • BLOG
  • LOCATIONS
    • FLORENCE OFFICE
    • SUMMERVILLE OFFICE
  • CONTACT
What Is a Preliminary Hearing in South Carolina?
✕
  • HOME
  • OUR FIRM
    • David M. Smith
    • Gregory D. Ammons
    • Joshua T. Howle
    • Brice E. Ricker
    • Marsh A. Julian
    • Meet our Team
    • In The News
  • PRACTICE AREAS
    • Family Law
      • Divorce
      • Mediation
      • Equitable Apportionment
      • Alimony
      • Custody
      • Visitation
      • Child Support
      • Adoption/Termination Of Parental Rights
      • DSS Actions
      • Guardian ad litem Services
    • Probate
    • Civil Litigation
      • Construction Dispute
        • Construction Defect
        • Mechanic’s Lien
      • Contract Disputes
        • Breach of Contract
        • Legal Remedies
      • HOA Disputes
      • Non-Compete Disputes
      • Property Damage
      • Unfair Trade Practices
      • Lemon Law
    • Personal Injury
    • Disability
    • Criminal Defense
    • DUI / Traffic
    • Worker’s Compensation
    • Medical Malpractice
    • Wrongful Death
  • WHAT OUR CLIENTS SAY
  • PAY BILL
  • FAQ
    • BLOG
  • LOCATIONS
    • FLORENCE OFFICE
    • SUMMERVILLE OFFICE
  • CONTACT
What Is a Preliminary Hearing in South Carolina?
Call Florence Office
(843) 407-1583
Call Summerville Office:
(843) 900-2020
  • HOME
  • OUR FIRM
    • David M. Smith
    • Gregory D. Ammons
    • Joshua T. Howle
    • Brice E. Ricker
    • Marsh A. Julian
    • Meet our Team
    • In The News
  • PRACTICE AREAS
    • Family Law
      • Divorce
      • Mediation
      • Equitable Apportionment
      • Alimony
      • Custody
      • Visitation
      • Child Support
      • Adoption/Termination Of Parental Rights
      • DSS Actions
      • Guardian ad litem Services
    • Probate
    • Civil Litigation
      • Construction Dispute
        • Construction Defect
        • Mechanic’s Lien
      • Contract Disputes
        • Breach of Contract
        • Legal Remedies
      • HOA Disputes
      • Non-Compete Disputes
      • Property Damage
      • Unfair Trade Practices
      • Lemon Law
    • Personal Injury
    • Disability
    • Criminal Defense
    • DUI / Traffic
    • Worker’s Compensation
    • Medical Malpractice
    • Wrongful Death
  • WHAT OUR CLIENTS SAY
  • PAY BILL
  • FAQ
    • BLOG
  • LOCATIONS
    • FLORENCE OFFICE
    • SUMMERVILLE OFFICE
  • CONTACT
Preliminary Hearing

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. Contested preliminary hearings require additional time and preparation.

In simple terms, a preliminary hearing is a hearing that determines the legal admissibility of evidence before trial. It is called a “preliminary” hearing because it does not concern itself with the case’s merits.

The United States has a system of federal, state, and local courts that have different degrees of authority and independence from each other.

What’s the Purpose of a Preliminary Hearing in South Carolina?

Preliminary hearings are conducted in order to determine whether there is enough evidence against a defendant to bring the case to trial. When the defendant files a motion for a preliminary hearing, it is often held only after the defendant has been arrested. The judge will then meet with counsel and other court staff to review the facts of the case.

The court may decide whether there are “enough” facts to proceed with the trial based on the testimony provided during these proceedings. The decision to hold a preliminary hearing is usually at the judge’s discretion. Still, in some cases, a defendant may be forced to provide evidence that can be used against them in the trial.

What are the Chances of Winning at a Preliminary Hearing?

Although it’s not uncommon to find a defendant “guilty” at a preliminary hearing, this is not always the case. In some cases, the judge may consider the defendant’s right to a fair trial and decide whether or not there is enough evidence to warrant a trial. Essentially, the judge will determine whether or not there are enough facts to release the defendant on bail or continue their incarceration.

What are the Benefits of Requesting a Preliminary Hearing?

Preliminary hearings are held in order to determine whether there is enough evidence to bring the case to trial. Often, defendants will prefer the preliminary hearing because the outcome of this proceeding will help the defendant determine whether or not their case should proceed to trial. Although it may seem as if a preliminary hearing is a “waste of time,” going forward at this early stage of the proceedings, a defendant can often avoid being convicted on improper evidence.

In addition, a defendant may have a preliminary hearing to take the opportunity to tell their side of the story. Since most defendants cannot present evidence until trial, the preliminary hearing is the perfect opportunity for them to share information about the crime.

The defendant is allowed to bring forth any evidence (with some exceptions) that they choose in an attempt to prove their innocence.

Find Criminal Defense Attorneys in South Carolina

If you are arrested in South Carolina, it is important to speak to a criminal defense attorney as soon as possible. Representing yourself in court is never a good idea, especially when your freedom is at stake. You will want to find an attorney who will make all the necessary arrangements for your defense and present witnesses during the preliminary hearing if necessary.

Related posts

Mediation
March 9, 2023

Settling Your Family Court Case – Mediation


Read more
divorce hearing
February 17, 2023

Divorce – What Happens in a Temporary Hearing?


Read more
dui Attorney
January 22, 2023

DUI: How It Can Affect Your Future And How An Attorney Can Help


Read more

Comments are closed.

Smith Ammons

Smith Ammons, LLC – Attorneys at Law is dedicated to going above and beyond for each of our clients. Our team is here to help you with your case. We are 100% committed to you and getting you the results you are looking for. Give us a call today to schedule your free consultation to learn how we can help you.

 

Privacy Policy

Florence, SC

Address: 614 W Palmetto Street
Florence, SC 29501

Phone: (843) 407-1583

Email: info@smithammonslaw.com

Hours: Monday-Friday 9 AM to 5 PM
Closed: Saturday/Sunday

Summerville, SC

Address: 1668 Old Trolley Road
Suite 104
Summerville, SC 29485

Phone: (843) 900-2020

Email: info@smithammonslaw.com

Hours: Monday-Friday 9 AM to 5 PM
Closed: Saturday/Sunday

Copyright © Smith Ammons LLC | All Rights Reserved | Website Powered by SVG Digital