Q: Is receiving goods presented as stolen , and receiving stolen goods the same thing, is an indictment required?
A request for preliminary hearing was put in but was denied
A: Not exactly. SC Code 16-13-180 addresses both "receiving stolen goods" and "receiving or possessing property represented by law enforcement as stolen". While they fall under the same statute and carry the same penalties, the elements of each offense are a bit different. Subsection (a) deals with goods that have actually been reported as stolen, whereas subsection (b) deals with goods that may not actually be stolen but that law enforcement represent as stolen (for example in an undercover operation). Before a prosecutor can take any charge to trial the charge must first be presented to the grand jury and receive a true bill on the indictment. Generally the only reason to deny a preliminary hearing is if the request is not made in a timely manner as prescribed in Rule 2 (10 days) or if the case has already been indicted by the grand jury.
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