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Preliminary Hearing Court

  

Preliminary Hearing Court

Preliminary Hearing Court

521 Gibson Road

Lexington, SC  29072

 

Office Hours:

Monday - Friday

8:00 a.m. - 5:00 p.m.

 

Telephone:  (803) 785-2525

Fax:  (803) 785-8356

 

 Assistant Court Administrator II - Melvin Samuels

 

 

  

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.  If the arrest warrant or uniform traffic ticket was issued from the Lexington County Sheriff's Department or a State Agency, the preliminary hearings will take place in the Lexington County Bond Court located at 521 Gibson Road, Lexington, SC  29072.  If the arrest warrant or uniform traffic ticket was issued by a municipal police agency, the preliminay hearing will be held at the issuing agency's municipal court.  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 or 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.