Name: LegalService
Item: Trey Harrell
Rating: 5
Author: Jessica Pittman

Preliminary Hearing

If you have been charged with a major crime in South Carolina, you are entitled to a Preliminary Hearing. It is important for you to understand this process. Trey Harrell Auto Accident and Personal Injury Attorney is here to help!

What is a Preliminary Hearing?

A Preliminary Hearing is a probable cause hearing conducted by a magistrate. The purpose of a Preliminary Hearing is to determine whether there is enough evidence to allow your case to be forwarded to General Sessions.

What are the Issues to be determined in a Preliminary Hearing

Whether it is more likely than not that the crime occurred
Whether or not the defendant committed the crime

What standard of proof does the judge use in a Preliminary Hearing?

At a Preliminary Hearing the judge uses a probable cause standard. This means that the State does not have to prove their case beyond a reasonable doubt. Additionally, the rules of evidence do not apply. This means that evidence can be submitted in the hearing that would normally be inadmissible in a trial.

Are Preliminary Hearings Mandatory?

No. Preliminary Hearings are not mandatory. You also do not have to appear even if a hearing is held.

How do you Request a Preliminary Hearing?

To request a Preliminary Hearing, you or your attorney should request one from the court within 10 days of bond court.

What should you expect during the Preliminary Hearing?

During the hearing the State will usually be represented by a law enforcement witness who will offer testimony. Your defense counsel will be able to cross examine this witness.

Do you have the right to testify or offer up a defense during your Preliminary Hearing?

No. During the Preliminary Hearing you do not have a right to testify or offer up your own witnesses. However, at the end of the hearing your attorney can make a motion to dismiss for lack of probable cause.

Should you have any questions regarding a Legal Matter, please do not hesitate to contact us.

*Please be aware that the use of this Cheat Sheet does not create an attorney-client relationship. Attorney Trey Harrell is not your attorney until we agree to that in writing. This Cheat Sheet, along with any website to which it links, is designed for educational and informational purposes, not as legal advice. Each person’s legal matter is unique and requires the review of an attorney licensed in that person’s jurisdiction.

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Why Choose Trey?

Client Testimonials

I had such a pleasant experience working with Trey and his staff. His executive assistant, Allie, was the best resource for guiding me through the process of my auto accident. She was personable, resourceful, and very helpful. I highly recommend!

- Jessica Pittman

Just an absolute champion. Trey and Allie were so consistently on point, attentive, and responsive it's hard to imagine he even has time for more than a single client at a time. In the months of dealing with Mr. Harrell's Law Office only 1 time I ever called was the phone not immediately picked up, but that 1 call was then immediately returned, they are actually that fast and responsive. This is a law office that genuinely is invested in providing you the absolutely best legal counsel and experience they can. They are also extremely patient, answering any and all of the questions you may have. I can't count the number of times I emailed or called to ask what 'this' meant, or what 'that' process was, and they always broke it down so well that whatever the topic was I fully understood it. The whole legal process can be difficult, and strenuous. But a lawyer like Trey Harrell is like finding out there's actually an easy mode. If you want to be helped, and to be treated like a person and not just a case file, Trey Harrell is your only option. This firm is simply put, top notch.

- Vile Leche

If you are looking for a law office that truly cares about you, then Trey Harrell is the place for you to go. Knowledgeable. Responsive. Caring. You can truly tell that they put their clients above all. I would recommend the Trey Harrell Law Office to everyone!

- MacKenna Angert

Cannot recommend enough!! Trey and his firm were incredible throughout the process of my hit and run. Every single time I had a question Allie (the executive assistant) knew who I was and answered it thoroughly and eased my mind about everything. Didn’t think I could get the compensation that they got me. Hopefully I won’t get in another accident but 10/10 would hire again!!

- Sophie Wachowski

Trey was very easy to work with and did an outstanding job getting my case dropped with ease. Highly recommend and will use him if needed again!

- Bebe Pleasant

I could not recommend Trey Harrell and his team enough - professional, made things easy for me and my family, and brought us peace when stressed. His colleague Allie was a pleasure throughout the process and was a joy to speak with. A family friend recommended Trey to us, and we’re so grateful for it.

- Jon Ulrich

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