Can Charges Be Dropped Before Trial?

Criminal charges come with severe consequences, including jail time, steep fines, and a criminal record. After your release, you may be unable to renew professional licensure, get a well-paying job, or find a place to live. This headache can be prevented by working with our Conway criminal defense attorneys as soon as you are arrested or charged with a crime. At The Law Offices of L. Morgan Martin, P.A., our legal team will assess your case to identify any legal strategies that can help get your charges dropped.

Reasons Criminal Charges May Be Dropped

Criminal charges may be dropped in South Carolina for any of the following reasons:

• Insufficient or weak evidence: If the prosecutor lacks evidence to show that you committed the crime, there is no reason for them to continue pursuing the charges.
• A witness recants: A witness who withdraws, changes, or rejects a previous statement or testimony can cause the prosecution to drop charges.
• New evidence emerges that undermines the prosecution’s case
• False accusations: New information may come to light, or your accuser may admit to exaggerated statements or fabricating certain details, causing the prosecution to drop charges.
• Violation of your constitutional rights: Any evidence that is obtained unlawfully may be discarded. If that evidence was crucial to the prosecution’s case, then they may decide to drop charges instead of proceeding to trial.
• Count bargaining: A type of plea deal, when the defendant is charged on multiple counts, the prosecution agrees to drop certain charges in exchange for the defendant pleading guilty to one or more remaining charges. Count bargaining guarantees a conviction and eliminates the chance of acquittal (had a plea deal not been reached and the case proceeded to trial).

When Can Criminal Charges Be Dropped in Conway, SC?

In South Carolina, the prosecution is almost always the one to drop criminal charges. That’s because once charges are filed against you, your case belongs to the State. In some cases, the victim may request that the prosecution drop the charges, only to find out that it is at the prosecution’s discretion.

Charges may be dropped at any point in the criminal process, including:

• Before arraignment: If evidence is lacking or weak, constitutional violations occurred, or witnesses refuse to cooperate, the prosecution may decide to abandon or dismiss the charges, known as nolle prosequi.
• At arraignment: While less common, a prosecutor can choose to drop charges if new exculpatory evidence arises, if a witness recants, or other glaring issues arise.
• During a preliminary hearing: If a judge finds a lack of probable cause, the prosecution may drop the charges. However, they do have the option to bring the case to a grand jury in an attempt to secure an indictment.

Can Dropped Charges Be Expunged?

Dropped charges will continue to appear on your record until they are expunged (erased). Getting these charges expunged can open up new doors, allowing you to pursue personal and professional endeavors. The expungement process will vary depending on which court dropped your charges, with dropped charges in summary court being eligible for automatic expungement at no cost to the defendant, as outlined by SC Code §17-22-950. However, different expungement procedures apply depending on whether you were fingerprinted at the time you were charged.

This automatic expungement does not apply, however, if your charges were dismissed at a preliminary hearing, or if you have related charges still pending in both the summary court and the Court of General Sessions arising from the same incident. In those situations, a separate expungement process will apply. If you are wondering if your charge is eligible for expungement, our Conway criminal defense team is happy to review your case to see if you qualify.

Charged with a Crime? Speak with Our Conway Criminal Defense Lawyers

When you contact The Law Offices of L. Morgan Martin, P.A., you are reaching out to a criminal defense team that is dedicated to protecting your rights. If there is an avenue to get the prosecution to drop the charges against you, we will advocate on your behalf. To arrange your free consultation with one of our Conway criminal defense attorneys, contact us online or by phone at (843) 248-3177 today.