As Greenville defense attorneys, Joe Watson and Asher Watson frequently appear at preliminary or “probable cause” hearings for our clients. In the State of South Carolina, anyone arrested for felony charges, as well as for misdemeanor charges, has the right to a preliminary hearing. However, if a hearing is not requested within ten days of the arrest, then the right to a preliminary hearing is deemed waived and can no longer be requested or otherwise granted.

In the State of South Carolina, the law states that a defendant who timely files their request for a preliminary hearing should have this hearing within 10 days of the request. However, if the prosecution is able to get the matter before the grand jury prior to the hearing and the grand jury returns a “true bill”, then the preliminary hearing will not be held; by rule, the Court that would ordinarily hear the preliminary hearing (likely a magistrate court) will no longer have jurisdiction to hear the matter. Normally, preliminary hearings are scheduled quickly enough so that this is not an issue. However, hearings occasionally get continued for one reason or another, and it is possible that enough time slips that the indictment is made while the defendant waits for the hearing to be held.

In order for a criminal case to proceed in the State of South Carolina, the prosecution must demonstrate that there is sufficient evidence to establish “probable cause” to arrest an individual and to “bind over” or present to the grand jury for indictment. Probable cause is not proof of guilt. Instead, probable cause exists where there is a reasonable basis for believing that a particular crime may have been committed by a particular individual. It is important to remember that “probable cause” is a much lower burden of proof than what is required in a criminal trial, which is “beyond a reasonable doubt.”

Although it occurs, the dismissal of the charges at a preliminary hearing is highly unlikely because the probable cause standard is a very low standard and extremely easy for law enforcement to meet. Remember, the “probable cause” is nowhere near the standard of proving guilt “beyond a reasonable doubt,” which is the standard in a criminal trial. Instead, the probable cause standard only requires the showing the law enforcement officer had an “articulable suspicion” that a particular crime was being committed by a particular individual.