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Preliminary Hearing Court

Pursuant to Rule 2 of the South Carolina Rules of Criminal Procedure, every defendant charged in a warrant or uniform summons with an offense triable in the General Sessions Court is entitled to a preliminary hearing solely to determine whether sufficient evidence exists to warrant the defendant's detention and trial. Preliminary hearings are held daily at the Centralized Preliminary Hearing Court located at 3831 Leeds Avenue, Suite 100, North Charleston, SC 29405. The defendant or his attorney may cross-examine, or question, any witnesses who testify at a preliminary hearing, but defendants cannot testify, present evidence, or call witnesses. If the State does not present sufficient evidence at the preliminary hearing nor has no evidence to establish probable cause, the defendant is discharged. A discharge by a magistrate at a preliminary hearing, however, does not prevent the State from seeking a direct indictment for the same charge before the grand jury. If neither the defendant nor his attorney appear for the preliminary hearing, the hearing will be deemed waived. Additionally, the Centralized Preliminary Hearing Court in Charleston County has been given authorization by the S.C. Supreme Court to consider and act on motions for bond reductions and modifications.