When any person charged with a crime who is entitled to a preliminary hearing on such charges appears in person or by counsel in a hearing to set bond, he shall be notified by a magistrate orally and in writing of his right to such preliminary hearing. When a person is notified of his right to a preliminary hearing, he shall be furnished a simple form providing him an opportunity to request a preliminary hearing by signing and returning this form to the advising magistrate then and there or thereafter. Any person so notified who fails to timely request a preliminary hearing shall lose his right to such hearing.
HISTORY: 1980 Act No. 393, Section 2.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 23 - Pleading And Trial
Section 17-23-10. Plea of autrefois acquit or convict.
Section 17-23-20. Double jeopardy after trial in municipal or magistrates court.
Section 17-23-30. Permitting second indictment and trial for same offense.
Section 17-23-40. Nolo contendere in misdemeanor cases.
Section 17-23-50. Traverse of indictment is not a continuance.
Section 17-23-80. Manner by which persons who have been indicted may be convicted.
Section 17-23-100. Right to object to charge or request additional charge out of presence of jury.
Section 17-23-110. Circuit courts may grant new trials.
Section 17-23-120. Immediate disposition of certain misdemeanors or felonies; application to clerk.
Section 17-23-160. Notice of right to preliminary hearing; form for request.
Section 17-23-162. Presence of affiant or arresting officer to testify at preliminary hearing.