Javeayah Harris’ parents did not make their expected first court appearance Friday morning after being removed from the docket. Court documents obtained by FOX54 show her mother, Michilae Herring, is
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Javeayah Harris’ parents removed from first appearance docket; new court documents reveal next steps
A scheduled first court appearance for the parents of
Javeayah Harris was removed from the Aiken County court docket Friday morning.
The parents were not expected to physically appear in the courtroom for the proceeding
. However, FOX54 arrived at the courthouse Friday morning expecting the scheduled first appearance to still take place.
Just before the scheduled 9 a.m. proceeding, the Aiken County Clerk of Court told FOX54 the parents had been removed from the docket because the administrative matters associated with their first appearance had already been handled through paperwork.
Court documents obtained by FOX54 Friday morning provide additional information about what comes next specifically for Javeayah’s mother, Michilae Herring.
A Second Judicial Circuit First Appearance Affidavit shows Herring is represented by Aiken County public defender De Grant Gibbons.
The document addresses administrative matters normally associated with a first appearance, including identifying Herring’s attorney and notifying her about future court proceedings.
The paperwork lists Herring’s second appearance for Nov. 20.
FOX54 also obtained a separate document showing Herring’s attorney has formally demanded a preliminary hearing.
A preliminary hearing is separate from a first appearance and is not a trial. Its purpose is to determine whether there is probable cause for the charges against a defendant to continue through the court system.
During that proceeding, the state can present evidence supporting the charges, and the defense has an opportunity to challenge whether probable cause exists. Under South Carolina court rules, if a grand jury indicts a defendant before a preliminary hearing takes place, the preliminary hearing is not held.
Although Herring’s scheduled first appearance was removed from Friday’s docket, her criminal case remains active and continues to move through the court system.
FOX54 has not obtained equivalent court documents for Javeayah’s father, Johmarea Harris. FOX54 is continuing to work to determine the current status of his case and when he is expected back in court.