The Criminal Process in South Carolina: From Arrest to Trial
After an arrest, there are several other stages in a criminal case. The process can include a bond hearing, the filing of formal charges, additional court proceedings, and, in some cases, a trial.
At The Law Office of Jonathan M. Harvey, we have more than 35 years of experience defending clients charged with federal crimes in Columbia and throughout South Carolina. In the following article, we’ll explain the key stages of a criminal case and how the process moves from arrest to trial.
Booking and Bond Hearings
After an arrest, law enforcement officers complete the booking process by collecting identifying information and documenting the arrest.
South Carolina law requires that an arrested person be brought before a judge within 24 hours for a bond hearing. During this hearing, the judge decides whether the defendant can be released while the case is pending. In making that decision, the court considers factors such as public safety and whether the person is likely to appear for future court dates.
Key Stages Before Trial
After a bond hearing, the case is transferred to the Solicitor’s Office for prosecution. The defendant will be assigned future court dates as the case moves through General Sessions Court.
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First court appearance: The court addresses the status of the case and legal representation. During this stage, the defense begins reviewing evidence through the discovery process, which can include police reports and other evidence related to the charges
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Preliminary hearing: A defendant has the right to request a preliminary hearing within 10 days of the bond hearing. This proceeding is not used to decide guilt or innocence. Instead, the judge determines whether there is enough evidence for the case to move forward. The prosecution presents evidence, and the defense can question the witnesses called by the state.
Grand jury indictment: In many felony cases, prosecutors seek an indictment from a grand jury. The grand jury reviews evidence presented by the prosecution and determines whether there is a sufficient basis to formally charge the defendant.
What Happens at Trial?
If a case proceeds to trial, the prosecution must prove the charges beyond a reasonable doubt. The defendant is presumed innocent, and the burden of proof remains with the state throughout the proceedings.
During the trial, both sides have the opportunity to present evidence and question witnesses. Some criminal cases are decided by a jury, while others are decided by a judge.
At the conclusion of the trial, a verdict is issued. If the defendant is found guilty, the court will schedule sentencing.
Contact Our Legal Team in South Carolina
Every stage of a criminal case serves a specific purpose. Understanding how the process works can provide valuable context as a case moves through the court system.
At The Law Office of Jonathan M. Harvey, we have the skills and experience necessary to protect our clients’ interests in South Carolina criminal courts. Call 803-779-3363 or contact us to review your case and answer your questions.