Can My South Carolina Criminal Case Be Dismissed?

At the David W. Martin Law Group, our Rock Hill and Fort Mill criminal defense attorneys know that each person, arrest, and corresponding charge that makes their way into a courtroom is unique.

The reality is, not all felony charges will proceed to court if your York County defense lawyer can get the charges dismissed, which will require a full investigation into the arrest, charges, and evidence.

Here are the three main factors that can lead to South Carolina criminal charges being dismissed.

Lack of Probable Cause for the Arrest

The police must have probable cause to believe — not just think — you committed a crime before you can be arrested in South Carolina.

That includes having factual, objective evidence that you were the person who committed the crime through video footage, witness statements, or getting caught in the act.

If there was no probable cause for your arrest, the case cannot proceed.

Illegal Stop, Search, or Seizure

Law enforcement officers in South Carolina may only stop an individual under certain circumstances, like breaking traffic laws, or if they otherwise believe the individual(s) are committing a crime.

Police officers cannot randomly stop an individual based on his or her race, religion, or physical appearance alone, and doing so may be a violation of that person’s Constitutional rights.

Law enforcement officials also cannot search your property without a search warrant, except in very limited circumstances without one.

If there was no exceptional event that permitted the search of your property, then any evidence obtained during the investigation may not be used against you in the court of law.

Lost Evidence or Unavailable Witnesses

If it is deemed that the evidence obtained to build the case against you was legally obtained, the solicitor’s office must submit the essential physical evidence or present the witness for their testimony to move forward with your case.

If the crucial evidence is lost or a witness is not available to testify, and there is no other proof to substantiate that a crime was committed beyond a reasonable doubt, the criminal charges may be dismissed.

Have You Been Arrested for a Crime in South Carolina?

Contact our experienced criminal defense attorneys in Rock Hill and Fort Mill to learn more about your legal rights and options to fight your case by allowing us to review the charges and evidence the solicitor’s office is using to build their case against you by calling (803) 548-2468 or contact us online and one of our experienced defense attorneys will contact you directly.

 

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David W. Martin Law Group

108 Springs St, Fort Mill,
SC 29715-1722
(803) 548-2468

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Greenville, SC 29607
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