Getting your appeal heard in South Carolina involves a number of procedures. While fairly routine, they can sometimes be complex. Your best strategy will be to observe all of these procedures to the letter while taking note of their effects. Doing so will help you navigate the process to a productive conclusion.
How to begin your hearing procedure
The approved way to begin your criminal appeals procedure is to request an official hearing from a South Carolina court. To do this, you will first need to notify the Superintendent of your action to appeal a decision. You can do so by certified mail. Your notice should set forth the reasons you have for requesting a hearing.
The reasons that you list should include the basis for any kind of disagreement that you may have with the determinations previously reached by the SCDE. The report should also contain a full listing of the facts upon which your official request for the hearing will be based.
When your official request should be filed
You need to make sure to file your official request for an appeal hearing within a timely period. This period should be no more than 30 days. This period begins when you receive official notice from the SCDE regarding the decision they have made. Your request will be scheduled to be heard by the court after your appeal has been received.
Once your hearing is scheduled, you will get a written notice at least ten days prior to the date that the event will take place. This notice will inform you of the date, location, and time. Both you and the SCDE can present evidence in written form. All parties involved will have the right to be represented by legal counsel at the hearing.