South Carolina Criminal Defense; How We Can Help You
If you or your child has been charged with a crime call us; if you have been asked to speak with the Government call us before you speak; if you think you might be the suspect to an investigation call us.
If you have received a traffic citation call us.
At Kehl, Culbertson, Andrighetti, Kornfeld LLC we will work to resolve your case as confidentially and as expeditiously as possible.
Being charged with a crime may be overwhelming. If you have been charged you will have the might of the State attempting to convict you. You need a good defense. You need Kehl, Culbertson, Andrighetti, Kornfeld LLC.
Timeline of A Criminal Case
Most defendant’s learn of a case when they are unexpectedly arrested. Most arrest occur without an arrest warrant but an arrest can be made if the officer believes he has probable cause. The arrested is usually booked and the officer will attempt to gather and/or preserve evidence to be used if the prosecution intends to pursue the case. The arrested will then go before a Judge for an initial bond hearing in which the Judge will determine the amount of bail. After being charged with a felony, a Defendant may request a preliminary hearing if the Defendant makes that request in writing within 10 days. If the Defendant is charged with a misdemeanor he will not have a preliminary hearing. The preliminary hearing allows the Defendant to gather information concerning the probable cause for the arrest and contest that probable cause. If a Judge determines there is enough evidence to satisfy probable cause for the arrest the case is bonded over to General Sessions. This means the prosecution can present their evidence to the Grand Jury. The Grand Jury is a secret proceeding and it consist of 18 citizens. If 12 of the 18 jurors believe there is enough probable cause to bring the charge an indictment is issued and the case can be tried.
While this is occurring, the Defense will be preparing their defense with includes a multitude of actions depending on the case. In several instances, the parties reach an acceptable disposition and the case is resolved. If the parties cannot agree the case must be tried.
This was written to inform one about the general timeline of a case and is by no means an exhaustive article about what could happen. Further, it is not intended to be considered as legal advice.