The moment you learn you have been charged with a crime, your mind might jump straight to the worst-case scenario.
Am I going to jail? Will I lose my job? What will happen to my family? Do I have to go to trial?
Remember that not every criminal case reaches a jury. So, can a criminal charge be dismissed before trial in South Carolina? Sometimes, yes. However, this depends on the facts, the evidence, and the charges you’re facing.
Why Would a Criminal Charge Be Dismissed?
A criminal case might not make it to trial for a variety of reasons. Sometimes, there are problems with the evidence as the case progresses, or a witness may become unavailable.
Even important evidence can go missing, or police may be found to have violated the law. In a few situations, a criminal charge is not valid because an officer made a mistake during an arrest or a prosecutor filed the wrong paperwork.
In any case, the government still has to follow the law and prove its case.
Can a Judge Dismiss the Case?
In some cases, the answer is yes. A defense attorney can file motions asking the court to address specific problems with the case. This could include challenging evidence or arguing that the prosecution cannot legally proceed.
For example, if evidence was obtained in violation of your constitutional rights, your lawyer may be able to challenge whether that evidence can be used in court. And sometimes, getting that evidence excluded can change the prosecution’s case.
But a judge is not going to dismiss a case because the defendant doesn’t want to go to trial. There needs to be a legal basis for the dismissal.
Can the Prosecutor Drop the Charges?
Prosecutors have discretion when deciding whether to continue a criminal case. As they review the evidence, they may believe that the case is not as strong as initially believed or that continuing the prosecution isn’t appropriate. In some cases, dismissal can become part of negotiations between the defense and prosecution.
That is why you want a criminal defense lawyer involved early in the process. They may see weaknesses in the case that you will not notice from the outside.
Are Some Criminal Charges Less Likely to Be Dismissed?
Yes. While any criminal case can be dismissed under the right circumstances, prosecutors are less likely to voluntarily dismiss serious charges when they believe the evidence supports the allegations.
Murder, serious violent offenses, major drug charges, and sexual offenses are some felony cases that prosecutors will pursue aggressively.
However, that doesn’t mean you’re automatically going to trial just because you’re facing a serious charge. Evidence can be challenged, witnesses can change their testimony, constitutional issues can arise, and prosecutors still have to prove every required element of the offense.
What If the Charges Aren’t Fully Dismissed?
In criminal cases, there are several outcomes other than dismissal. Your lawyer may negotiate with the prosecution for a different resolution. That could involve:
- Reducing charges
- Resolving the case through a plea agreement or pre-trial diversion program
- Having some charges dismissed while taking others to court
Remember that a plea agreement is not the same as having your case completely dismissed. Before accepting any deal, make sure you understand exactly what you’re giving up and what the outcome will mean for you.
Don’t Wait to Find Out What Happens Next
If you’re asking, “Can a criminal charge be dismissed before trial in South Carolina?”, the answer depends on the circumstances of your case.
A criminal charge can affect your freedom, reputation, job, family, and future. Being charged with a crime can be frightening, but an experienced South Carolina criminal defense lawyer can assist in these situations.
At Truslow & Truslow PA, we are here to protect your rights and explore all available options, including dismissal of charges. Reach out today to schedule a consultation.