Tuesday, June 26, 2007

Preliminary Hearings Open to the Public

Each week at the Aiken County Detention Center preliminary hearings are held on Wednesday afternoon at 1:30 p.m. These hearings are open to the public, and the public is encouraged to attend. Typically, Judge Danny Lynn presides over the hearing and he is one of the local area magistrates. Other magistrates fill in for him from time to time. At the hearing the State presents its evidence and typically will have the lead officer or investigator testify under oath. However, the defendant through his attorney does not present a defense and is only allowed to cross-examine or question the State's witnesses. Also, if an alleged victim is involved he or she typically will not testify at the preliminary hearing. The only purpose of the hearing is to determine if "probable cause" exists to bound the charge or charges over to the circuit court for disposition. Magistrate level charges (some misdemeanors) are not heard at a preliminary hearing. The hearing usually last about 1 hour.

Bond hearings are also held in this courtroom usually twice a day: 10:00 a.m. and 3:00 p.m. These hearings are also open to the public.

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