Can Charges Be Dropped Before Court?
Arrested and charged with a crime in Columbia? It is normal to feel stressed out, even overwhelmed. There is good news: You have legal options available. Every defendant is presumed innocent until proven guilty. In some cases, charges may even be dropped outright before court. There are many different points during the pre-trial criminal justice process during which charges could be dropped. Here, our Columbia criminal defense attorney explains the key things to know about getting charges dropped before court in South Carolina.
Criminal Charges Can Be Dropped Before Court in South Carolina
Yes. As a starting point, it is important to emphasize that criminal charges can absolutely be dropped before court in South Carolina. They can be dropped at any point after they are filed and before a verdict has been rendered. Here is an overview of the specific points during a criminal case in which charges could potentially be dropped in South Carolina:
- Before Arraignment: Prosecutors may choose to nolle prosequi (formally decline prosecution) at any point before trial, including after initial review. Most often, this happens if evidence is weak, witnesses recant, or constitutional violations have occurred.
- At Arraignment: It is less common, but prosecutors can drop charges at arraignment if glaring issues arise. Charges could be dropped at this point due to a big error, such as mistaken identity, new exculpatory evidence, or a recanting victim.
- During Preliminary Hearings: In South Carolina, a magistrate can dismiss for lack of probable cause before a grand jury or trial, but prosecutors can still seek a grand jury indictment afterward.
- Through Pre‑Trial Intervention (PTI): Finally, South Carolina allows qualifying first-time offenders (non‑violent, non‑DUI, etc.) to apply for PTI. If accepted and completed (fees, services, counseling), charges are dismissed and are eligible for expungement.
Dropped Charges Can Generally Be Expunged in South Carolina
As explained by the South Carolina Appleseed Legal Justice Center, criminal charges that have been dropped are generally eligible for expungement. In other words, the arrest and related court records may be removed from your personal criminal records. That remedy matters. It can help you avoid the lasting consequences of a criminal charge, such as difficulty securing employment or housing. Notably, expungement is not automatic in our state, even if charges are dropped. You must formally apply for expungement through the solicitor’s office in the county where the charge originated. While most dropped charges are eligible, certain exceptions may apply, and court approval is required. A top-tier South Carolina criminal defense lawyer can help you navigate the system.
Consult With Our Columbia, SC, Criminal Defense Attorney Today
At the Law Office of Jonathan M. Harvey, our Columbia, SC criminal defense lawyer is standing by, ready to protect your rights. In some cases, criminal charges can be dropped outright well before a trial ever happens. Contact us today for a fully confidential initial consultation. We have an office in Columbia, and we represent defendants throughout the surrounding region.