05/25/2026
What is a preliminary hearing in South Carolina?
In South Carolina, a preliminary hearing is a court proceeding that is held to determine whether there is sufficient evidence to justify the person's arrest. It is also known as a "probable cause hearing" because the purpose of a preliminary hearing is to determine whether there is probable cause to believe that the accused person committed the charged criminal offense.
A preliminary hearing is conducted by a magistrate or municipal court judge. During the hearing; the prosecutor, affiant on the arrest warrant, or the arresting officer will present evidence against the accused person to support the arrest.
If the judge finds that there is probable cause, the case will proceed to trial after an indictment is issued by a Grand Jury. If the judge finds that there is no probable cause, the charges may be dismissed or remanded. However, the Prosecutor still has the discretion to seek an indictment from the Grand Jury through the Direct Presentment process.
It is important to note that a preliminary hearing is not the same as a trial, and the accused person is not required to present a defense at this stage. However, the accused person's lawyer may cross-examine witnesses and challenge the evidence presented by the State/Government.
SECTION 17-23-160. Notice of right to preliminary hearing; form for request.
When any person charged with a crime who is entitled to a preliminary hearing on such charges appears in person or by counsel in a hearing to set bond, he shall be notified by a magistrate orally and in writing of his right to such preliminary hearing. When a person is notified of his right to a preliminary hearing, he shall be furnished a simple form providing him an opportunity to request a preliminary hearing by signing and returning this form to the advising magistrate then and there or thereafter. Any person so notified who fails to timely request a preliminary hearing shall lose his right to such hearing.
SECTION 17-23-162. Presence of affiant or arresting officer to testify at preliminary hearing.
The affiant listed on an arrest warrant or the chief investigating officer for the case must be present to testify at the preliminary hearing of the person arrested pursuant to the warrant.
Criminal Defense Attorney Dayne Phillips
PRICE BENOWITZ LLP
1614 Taylor Street, Columbia, SC 29201
803-272-4503
https://sccriminallaws... | The information in this video (1) does not establish an attorney-client relationship, (2) is only for general information, (3) does not constitute legal advice, (4) cannot be cited as legal authority, (5) may not be accurate because laws constantly change, and (6) cannot replace the advice of an attorney licensed in South Carolina who has reviewed the facts of your case. Any result achieved on behalf of one client should not create any expectation of a favorable outcome and does not necessarily indicate that similar results can be obtained for other clients. Nothing contained in this video is intended to compare our services to the services of any other law firm or lawyer or to imply any specialization in an area of law. The publication of this video is not intended to constitute the practice of law in any jurisdiction in which no attorney in the firm is licensed to practice, nor is it intended to solicit legal representation of anyone in any such jurisdiction.
