Preliminary Hearing FAQ
Sioux Falls, South Dakota
My case is scheduled for a preliminary hearing. What does that mean?
A preliminary hearing is scheduled for all felony charges. The purpose of a preliminary is to ensure that the State has at least enough evidence, whether that evidence is tangible, circumstantial, or testimonial, that if found to be true could lead to a finding of guilt.
If your case is bound over at a preliminary hearing it does not mean that you are guilty, it simply means that the judge has determined that the State has presented at least enough evidence to support their theory of the case against you. At this point in the proceedings, you have not been convicted of a crime and are still presumed innocent.
However, it is imperative that you retain an attorney, if you have not already done so, to properly advise and defend you against the charges the government has filed. (See SDCL 23A-4-3).