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If the evidence against you is overwhelming and a conviction seems likely, pleading guilty can sometimes be an option to consider, especially if it can lead to a more favorable sentence (like a plea bargain or reduced charges). You should never plead guilty without consulting a criminal defense attorney. They can provide crucial insight into the strengths and weaknesses of the case, possible defenses, and the pros and cons of pleading guilty versus going to trial. A criminal defense attorney can help assess whether the prosecution’s case is as strong as it appears and if there might be any legal defenses or weaknesses in the case you can exploit.
Pleading guilty can bring a sense of closure to the legal process, but it’s important to fully understand the emotional and personal impact, especially if you are not truly guilty of the offense. If you’re pleading guilty due to pressure, fear, or confusion, it’s crucial to reconsider and speak with a lawyer first.
A preliminary hearing is a legal proceeding that occurs early in the criminal justice process – after the arrest & bond hearing in South Carolina. Those charged with a case in General Sessions Court have the right to a preliminary hearing during which they can challenge whether law enforcement established probable cause for the arrest. The defendant must request the hearing within 10 days of being notified of the right to such a proceeding, though the hearing itself might take place later than that. This right can be deferred or waived.
Preliminary hearings take place in front of a magistrate, with no jury present. The accused is not allowed to testify or present evidence. Rather the investigating officer calls a witness or witnesses to testify as to probable cause. A defense attorney will cross-examine the witnesses, challenge the evidence, and argue that there’s insufficient evidence to proceed. The judge then reviews the testimony and decides whether probable cause exists. If it does, the case is bound over for trial. If it does not, the judge dismisses the charge.
In South Carolina, initial appearances are to take place within 45 days of arrest. The primary purpose of this legal proceeding is to ensure the person accused of a crime has secured a criminal defense attorney. If a person does not have an attorney at this time, arrangements will be made to obtain a public defender for the accused. Judges can issue bench warrants for unrepresented defendants who fail to appear at these hearings. However, if the defendant has an attorney who has provided the Solicitor’s Office (South Carolina’s term for prosecutor) and the Clerk of Court with the defendant’s contact information, the defendant is not required to attend this hearing unless there is a question about their mental state or competency to stand trial.
The second scheduled court date is to follow up on the status of a case. A bench warrant can be issued if a defendant fails to appear. At this hearing, defendants typically must decide whether to plead guilty, enter a diversion program or proceed to trial. A disposition date is usually set. A disposition hearing is either a plea hearing or a jury trial.
In South Carolina, if a defendant was NOT required to attend the initial appearance, the second appearance shall be held during the 4th month after arrest. South Carolina requires the solicitor (prosecutor) to:
Yes, you can go to jail after a second appearance in South Carolina, but it depends on the circumstances of your case. Here’s how this might happen:
In South Carolina, if a judge dismisses a charge, the Solicitor’s Office (commonly known as the prosecutor’s office in other jurisdictions), can essentially reinstate it by presenting it to the grand jury for indictment. This is why, in some instances, the arresting agency handles preliminary hearings without a solicitor (prosecutor) present. Preliminary hearings must take place BEFORE a grand jury indictment. Once the indictment is validated, the defendant no longer has a right to a preliminary hearing.
If the solicitor’s office chooses to obtain a grand jury indictment, the solicitor must prove probable cause to a panel of 18 citizens known as the grand jury. Unlike a jury trial, which is chosen for a single term of court, grand jurors serve one-year terms and meet monthly. Once presented with evidence, the grand jury can vote to: (1) “true-bill” the indictment; (2) “no-bill” the indictment; or (3) take no action. A “true-billed” indictment means that at least 12 of the 18 members have determined the state met its burden and can proceed to trial. A “no-bill” indictment means probable cause was not established and fewer than 12 of 18 voted to true-bill the charge. A grand jury may elect to take no action if they need more evidence to decide, though this is rare.
To secure a “true-bill” indictment, solicitors (prosecutors) must prove probable cause to the grand jurors. The defendant has no right to be present and is not permitted to present evidence to the grand jury. A grand jury hearing is a right guaranteed by both the South Carolina constitution and the 5th amendment of the U.S. Constitution in cases involving General Sessions level charges. However, a defendant will sometimes waive indictment, bypassing the grand jury altogether – usually to expedite the process when they intend to enter a guilty plea.
A jury trial is a type of disposition hearing (sentencing) that happens after the second appearance and any pre-trial motions hearings. All defendants are entitled to a trial before a jury of their peers in any and all charges if they choose. In fact, defendants have additional rights that affect the conduct of those trials – for example, defendants have the option, but are not required, to submit evidence or call witnesses. If the defendant chooses not to testify, the judge will instruct the jury that it cannot consider this fact during deliberations. The state (solicitor’s office) cannot mention the defendant’s criminal history in front of the jury or submit hearsay evidence – that is, statements supposedly made by one person that are entered into the record through testimony of another person. The burden of proof is squarely on the state to prove charges beyond a reasonable doubt. This is the highest burden of proof in the criminal justice system – put another way, the evidence must leave the jurors firmly convinced of the defendant’s guilt.
During a jury trial, a criminal defense attorney plays a critical role of challenging the prosecutor’s (called a solicitor in South Carolina) case, protecting the rights of their client/defendant, and persuading the jury to return a verdict of not guilty or otherwise secure the best possible outcome for their client. The defense attorney accomplishes this through:
A bench trial is a type of disposition hearing (sentencing) where the judge, rather than a jury, serves as the fact-finder and decides the outcome of the case, including whether the defendant is guilty or not guilty. A bench trial is used two different ways: 1) When the defendant chooses a bench trial over a jury trial (the defendant must voluntarily and knowingly waive their right to a jury trial for a bench trial to proceed); and 2) for certain offenses (e.g., traffic violations, minor criminal offenses) may automatically be handled through a bench trial.
The advantages of a bench trial include: 1) A judge may be better equipped to understand complex legal arguments or evidence compared to a jury; 2) Some defendants prefer a judge, believing that a jury might be swayed by emotions or prejudice; and 3) Bench trials tend to be shorter and less costly than jury trials.
The disadvantages of a bench trial include: 1) The decision rests solely in the hands of the judge, which can feel riskier than having a jury of peers; and 2) Judges are less likely to be swayed by emotional arguments, which may limit some defense strategies.
A bench trial can be an effective option in certain situations, but the decision to opt for one should always be made after consulting with a criminal defense attorney. They can help assess whether a bench trial is likely to result in a fairer outcome based on the specifics of the case.
This is a dispositive legal proceeding (sentencing) when the defendant has chosen to plead “guilty” to criminal charges and is waiving their right to a jury or bench trial. There are 2 types of guilty pleas in South Carolina: 1) guilty plea; and 2) negotiated sentence plea.
If you qualify for a diversion program and successfully complete the program, charges will be dismissed and your criminal record can be expunged. Eligibility for a diversion program in South Carolina depends on several factors:
An attorney can review your case and determine whether you meet the requirements for a diversion program and advocate on your behalf with the prosecutor or solicitor. Applications are typically submitted to the prosecutor’s or solicitor’s office or program administrator. Each program has specific conditions, such as attending classes, completing community service, or undergoing counseling. Upon successful completion, charges are dismissed and can be expunged. Diversion programs in South Carolina include:
When a juvenile (a person under 17 years old in South Carolina, or under 18 for certain serious offenses) is charged with a crime, the case is typically handled in the juvenile justice system, which focuses more on rehabilitation than punishment. Juveniles have rights, including the right to an attorney, the right to remain silent upon questioning, and the right to challenge evidence.