- Question: My loved
one can't make bond, what can you do?
- Question: What is a preliminary hearing?
- Question: If the charge is dismissed at the preliminary
hearing, is that the end of the case?
- Question: What is the Grand Jury?
- Question: How can we find out what evidence the
State has?
- Question: What
is the potential sentence I am looking at?
- Question: My
loved one can't make bond, what can you do?
Answer: A
bond reduction hearing can be requested in the Circuit Court to see if a judge will change the bond that was set by the Magistrate. Every person has the opportunity to have a bond hearing. Once a bond hearing is held, another bond hearing can only be held if we can establish a change of circumstances which generally means some fact that was
not available to the Court at the time of the initial bond reduction hearing.
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- Question: What is a preliminary hearing?
Answer: A
preliminary hearing is a hearing in front of a Magistrate to determine if there is enough evidence that you might be guilty. It is not your trial. You will not be given the opportunity to speak nor to present witnesses. Your attorney will have the opportunity to question the witness from the government, to challenge the idea that there is even probable cause to believe you were involved in the crime.
If the Magistrate does not believe probable cause exists, the charge could be dismissed at the preliminary hearing.
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- Question: If the charge is dismissed at the preliminary hearing, is that the end of the case?
Answer: Unfortunately, no. The solicitor can still take the matter to the Grand Jury although
generally that is not done.
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- Question: What
is the Grand Jury?
Answer: The Grand Jury is a body of eighteen (18) citizens at least twelve (12) of whom have to be present for the Grand Jury to proceed. The Grand Jury meets on a monthly basis and decides whether an indictment should be presented. To make that decision, the Grand Jury meets in secret and only hears evidence from the State. Many people consider the Grand Jury to be a "rubber stamp". If the case is no-billed by the Grand Jury, that is the end of the matter.
If the case is true-billed, it means the matter is continued on and we will have to face it in Court.
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- Question: How can we find out what evidence the State has?
Answer: There are rules for criminal procedure in South Carolina one of which permits discovery. The government will have to provide us a copy of any and all documentary and physical evidence they have. In short, we would get the police reports and tapes, if there are any, which would be ours to copy and review.
This rule is reciprocal, so if we were to develop any evidence we wanted to introduce we would have to provide a copy of it to the government.
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- Question: What
is the potential sentence I am looking at?
Answer: While we need to know the exact charge, generally South Carolina crimes are
broken down by class as follows:
- Class A felony – Not more than 30 years
- Class B felony – Not more than 25 years
- Class C felony – Not more than 20 years
- Class D felony – Not more than 15 years
- Class E felony – Not more than 10 years
- Class F felony – Not more than 5 years
- Class A Misdemeanor – Not more than 3 years
- Class B Misdemeanor – Not more than 2 years
- Class C Misdemeanor – Not more than 1 year
Any crime that carries 20 years or more is non-parolable. In other words, 85% of any active sentence that is given must be served and there is no parole.
There are some crimes that carry mandatory minimum penalties. It is necessary to know the specific crime to know whether it carries a mandatory minimum sentence.
In addition to the potential for an active sentence as noted above there are what are called collateral consequences which could include, depending on the offense, sex offender registry, a declaration of being a sexually violent predator (which could subject a person to civil commitment proceedings that could potentially result in custody for life), child abuse registry, loss of driver’s license, and loss of other substantive rights.
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