Facing a criminal charge in Lexington or Columbia, South Carolina can be overwhelming. Many people wonder whether their case can simply be “dropped” or dismissed before trial. While dismissals do occur, understanding how and why they happen is important. The decision to dismiss is not in the hands of the police, the alleged victim, or even the judge. Instead, under South Carolina law, only the prosecutor has the authority to dismiss criminal charges before trial.
Why Having Criminal Charges Dismissed is the Best Outcome
When criminal charges are dismissed, it represents the most favorable outcome possible. This means that the prosecutor has elected to formally drop charges, and you will not be put at risk of a possible conviction. You will also be eligible for an expungement, which removes any publicly available record of the arrest or criminal charge from government records.
While many people think the top outcome from a criminal case is a not-guilty verdict at trial, it's the dismissal which represents the ideal outcome.
How Criminal Charges Can Be Dismissed
The prosecutor assigned to the case is the only one with the power to dismiss charges before trial. This might happen if there is a lack of evidence, if key witnesses are unavailable, or if pursuing the case no longer serves the interests of justice. In Lexington and Columbia, prosecutors may review police reports, witness statements, and other evidence to determine whether they can prove the case beyond a reasonable doubt. If they cannot, dismissal may be the proper outcome.
In Magistrate or Municipal court, the prosecutor will normally be the police officer who brought the charges in the first place (or made the arrest). In General Sessions court the prosecutor will work with either the Solicitor's or the Attorney General's office.
If the prosecutor does not dismiss the charges, the next opportunity for a dismissal-like outcome comes at trial. At that stage, a jury (or in some limited circumstances, a judge) could return a not-guilty verdict, which ends the case.
Another possibility is participation in South Carolina’s Pre-Trial Intervention (PTI) program. PTI is a diversionary program available in certain cases, including some domestic violence and drug-related charges. Successful completion of PTI results in a dismissal of the charges. This usually involves counseling, classes, or community service.
Why Prosecutors May Dismiss Charges
There are several reasons why a prosecutor might choose to dismiss a case before trial:
Lack of evidence: If the available evidence does not support a conviction, dismissal may be appropriate.
Witness issues: If the state’s witnesses are unavailable, unwilling, or not credible, the prosecutor may decide not to move forward.
Legal problems with the case: If evidence was obtained improperly, or if constitutional rights were violated, a dismissal might occur.
In domestic violence cases in particular, it is common for alleged victims to ask that charges be dropped. However, it is important to understand that this request alone does not end the case. The prosecutor is the only one who can dismiss. They may consider the alleged victim’s wishes, but the final decision belongs solely to the prosecution.
There are also other situations which can arise, that have nothing to do with the facts and circumstances of the actual case itself. For example, if the police officer responsible was themselves arrested or quit the agency this may result in a dismissal.
It's important to understand that often prosecutors will offer PTI, or make other favorable plea offers, before they would consider dismissing a case. You must turn down PTI and each and every plea offer made, regardless of how favorable, if you want to maintain a chance at your case being simply dismissed. This is why it's important to understand the law, court process, potential defenses, evidence, and how a trial actually could be conducted, before making any decision to accept or reject PTI or any other offer. This is because if you do turn down PTI and any other offer, your case might actually go to trial. Many people think that local prosecutors, police officers or courts won't actually take smaller or less significant cases to trial, but they absolutely will (for example, a Lexington Magistrate Court held a half-day jury trial over a $25 seatbelt ticket).
Protecting Your Rights
If you are facing criminal charges in Lexington, Columbia, or elsewhere in South Carolina, having a defense lawyer who understands the dismissal process is essential. An experienced Lexington SC Criminal Defense Lawyer can evaluate the case, identify weaknesses in the prosecution’s evidence, and pursue dismissal whenever possible. In DUI cases, a Lexington DUI Defense Attorney may be able to challenge breath test results, traffic stop procedures, or other key evidence that could lead to dismissal or a favorable resolution. DUI is actually unique, in that it is the only criminal offense in South Carolina that actually has technical requirements law enforcement must follow. James Snell was involved in a significant case before the South Carolina Court of Appeals, where he obtained a legal ruling (now precedent in every DUI in South Carolina), that when police inexcusably violate these procedures the result should be the dismissal of a DUI.
Free Consultations Available
At the Law Office of James R. Snell, Jr., LLC, we offer free consultations for those charged with a crime. At this appointment, you will have the opportunity to meet directly with a criminal defense attorney in a confidential, privileged, and private setting. You can explain your situation, ask any questions that you may have, and learn about the court procedures and processes available to help you with your case. Same-day appointments are typically available.
Conclusion
Dismissals can happen in South Carolina criminal cases, but they do not occur automatically. Only the prosecutor can decide to dismiss a case before trial. Alternatives include going to trial and being found not guilty or completing the Pre-Trial Intervention program when eligible. If you are facing charges, the best step you can take is to work with a lawyer who can protect your rights and help explore all avenues toward dismissal.
If you or a loved one has been charged with a crime in Lexington or Columbia, call the Law Office of James R. Snell, Jr., LLC at (803) 359-3301 to schedule your free consultation. Same-day appointments are typically available.
Disclaimer: Every case is unique. Prior results obtained by the attorney in one matter do not indicate that similar results can be obtained for other clients in other matters.