Hearings are common in the criminal justice system, and they can be daunting for the average defendant. What actually happens during a South Carolina criminal court hearing? How should you prepare for this type of proceeding? Can a lawyer guide you through your hearing and represent you in court? These are essential questions, and you can explore them during a consultation with a criminal defense attorney.
What is a Criminal Court Hearing in South Carolina?
Hearings occur when the criminal court convenes to discuss a specific issue. Many different types of hearings may occur during the criminal justice process. Each hearing type addresses a particular problem, and the court will seek to resolve it at that hearing. Hearings end with decisions on those issues, often issued by a judge.
Types of Criminal Court Hearings
One of the first hearings a defendant faces is a bond hearing. This hearing should occur within 24 hours of the defendant’s arrest, and its purpose is to determine whether the defendant should be released pending trial. In making this decision, the judge will consider whether the defendant poses a hazard to society or themselves. The judge will also consider the likelihood that the defendant will flee before trial. The defendant may need to pay a specified amount to secure their release. This is called “bond.”
Another type of hearing is a preliminary hearing. Individuals facing General Sessions offenses have the right to request preliminary hearings. The purpose of these hearings is to determine whether there is enough evidence to warrant a trial. If the court determines that the evidence against the defendant is too weak, the case may not proceed to trial.
If the case proceeds to trial, several additional hearings will be required. These include first appearances and second appearances. If the jury convicts the defendant, a separate sentencing hearing may be necessary. During this hearing, the judge sentences the defendant.
What to Expect During a Hearing
A preliminary hearing could represent an opportunity to avoid a trial and have your charges dismissed. To pursue positive outcomes, your defense attorney can cross-examine the arresting officer and other relevant witnesses. A key goal during this hearing is often to challenge probable cause. Speak with your lawyer to learn more about the specific goals you might need to consider as you approach your criminal court hearing.
Our Experienced Criminal Defense Lawyers Are Here to Help
Our criminal defense lawyers can help you prepare for your criminal court hearing. We can also explain how these hearings work. Hearings are essential, but they only represent part of your journey through the criminal justice system. To learn more about the road to justice, contact Beasley Tomlinson Law at 864-712-4282 or visit us online.