QUESTION
What if there is no probable cause at a preliminary hearing?
Asked on Oct 19th, 2013 on Criminal Law - South Carolina
More details to this question:
My friend was at his preliminary hearing and he told me that he was not given a chance to say anything or even defend himself. He said the judge did not say anything about probable cause or any evidence. So if they didn't mention probable cause or evidence during it and he is still detained aren't they holding him against his will? The charge should of been dismissed since there was no mention of either/or. So if he gets a court report and shows where the judge did not say anything about it, can his charge be dismissed? And who should he show the court report to?
1 ANSWER
Criminal Defense Attorney serving Charleston, SC
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Michael G. Sribnick, M.D., J.D., LLC
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This answer does not create a lawyer/client relationship. I am a S.C. lawyer and board certified internist. You friend needs to hire a lawyer to protect his interests. Forger the fact that they are holding him against his will. He needs to lawyer up.
Regards, I am
Michael G. Sribnick, M.D., J.D.
Owner of Michael G. Sribnic, M.D., J.D., LLC
www.michaelsribnicklaw.com
Answered on Oct 19th, 2013 at 8:05 PM