Can You Get Charges Dismissed Before a Trial in South Carolina?

Many defendants are surprised to discover their lawyer can get charges dismissed before ever going to trial. The reality is that the state often brings criminal charges without fully analyzing all available evidence, or they fail to talk with witnesses. Once more information comes in about the crime, the state suddenly realizes the defendant is not guilty. In other situations, the prosecution is blinded to any evidence that shows the suspect is innocent. However, defense counsel can ask a judge to dismiss the charges. Below, William G. Yarborough, Attorney at Law, answers some of the most common questions regarding dismissal. Contact our office to speak with an experienced Greenville criminal defense lawyer.

Can A Case Get Dismissed Before Trial in South Carolina?

Yes. Different ways can happen.

The Prosecutor Drops the Charges

The state can voluntarily drop charges. There are many reasons they might do so:

1. Weak evidence. The Solicitor’s Office might realize the evidence is weaker than they imagined. Maybe a witness disappeared or has recanted their statement. The state doubts they can get a conviction at this time, and dropping charges is the prudent choice.
2. Evidence is suppressed. Defense counsel can ask a judge to suppress evidence because of mistakes in collection. For example, the police might not have had a search warrant before entering your property and going through your closet. Once the judge suppresses evidence, there is insufficient proof that the defendant is guilty.
3. Innocence. Evidence might come to light showing the defendant is innocent and someone else committed the crime. The state is obligated to drop the charges at that point.
4. Prosecutorial discretion. The Solicitor’s Office is often buried with complaints of criminal conduct. They must use discretion about where they put resources. The state might drop charges if the offense was minor and no one was seriously hurt.

The Magistrate Finds No Probable Cause

Can a case be dismissed at a pre-trial hearing? Yes.

A magistrate will hold a preliminary hearing to determine if there is probable cause that the defendant committed the crime. This is a low standard. However, the state must come forward with some evidence showing it is probable the defendant is guilty.

If the judge finds a lack of probable cause, the prosecution might drop the charges. However, they could seek a grand jury indictment, so this is only a reprieve.

The Charges Are Dropped as Part of a South Carolina Plea Bargain

Sometimes the state dismisses charges if the defendant agrees to plead guilty to a lesser offense. The state gets a conviction on a lesser charge, and the defendant gets a lighter sentence. Often, defendants try to get felonies pled down to a misdemeanor, which means they can avoid the harshest penalties.

Plea bargaining is not a cost-free alternative to a trial. A defendant will need to plead guilty to something. Although more serious charges might be dismissed, the defendant still leaves with a conviction on a lesser offense.

A Defendant Files a Pretrial Motion to Dismiss

The defense can sometimes ask the judge to dismiss the charges for various legal reasons. For example, the charges might have been filed outside the statute of limitations, or the crime was committed outside of South Carolina, and the state has no jurisdiction. The judge cannot let a prosecution move forward if the law prohibits it.

A Defendant Enters Pre-Trial Intervention or Diversion in Greenville, South Carolina

Defendants qualify for pre-trial intervention if they are first-time offenders facing non-violent charges. If they complete the program, then the pending charges are dismissed.

Intervention/diversion programs are a good way to trial and a criminal conviction. Discuss this option with your lawyer.

How Often Do Cases Get Dismissed?

It depends on the charges. Less serious offenses like third-degree assault are more likely to be dismissed than murder charges.

Another consideration is the defendant’s criminal history. Someone with a prior conviction is a clear risk of reoffending. This is especially true if you previously participated in a diversion or pre-trial intervention. The Solicitor’s Office might be embarrassed that they gave you a chance to avoid punishment on the prior charge. They are less likely to be generous the second time around.

If you wonder why a case would be dismissed, then call our office. Dismissal before trial is not the only way to win a case. Our office might prepare to present a case to the jury and win an acquittal that way.

Can the State Re-File Charges Later?

Possibly. A prosecutor who voluntarily drops charges might change their mind, provided the statute of limitations has not expired. The police might also find other evidence later, which strengthens the state’s case. The more time that passes, however, the less likely they are to refile charges.

Can Attorney Yarborough Get Charges Dismissed?

It depends on the facts and what evidence is available. Sometimes the state zeroes in on a particular suspect and stops looking for evidence once they charge the suspect with a crime. Our office might speak to alibi witnesses who can corroborate that you were not at the scene. Or we find ATM photos showing you withdrew money miles away from the accident scene when the crime was committed.

Some defendants can argue that the charges were brought in the wrong court or too late. But not all defendants can make these arguments, so everything depends on the details of your case. Let us review the evidence and your memories of the day in question. We can ask for a dismissal of charges to prevent the expense and length of a trial.

Hire a Greenville, SC Criminal Defense Lawyer

If you were arrested, call William G. Yarborough, Attorney at Law. A defendant has many opportunities to get charges dismissed, but the right lawyer makes a difference. Your defense attorney can immediately start attacking the state’s evidence at a preliminary hearing and search for evidence that shows your innocence. Call our office at 864-808-6871 to schedule a consultation to learn more about how we can defend you. We serve Greenville and the surrounding areas.