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What Are the Top Reasons South Carolina Criminal Charges are Dismissed?

If you have been arrested for any reason, our criminal defense attorney in Fort Mill will evaluate your criminal charges, beginning with the requirement of probable cause that led to your arrest.

Arrests must stem from a reasonable belief that is based on clear facts that an arrest was appropriate.

From there, we will review the evidence the solicitor’s office has to pursue your case and investigate how that evidence was obtained. If we can prove the evidence was improperly obtained, it may open the door to having your charges dismissed.

Each criminal case is unique, and our Greenville criminal defense lawyer will focus on the facts of your case and build a strong defense around the details, so both your rights and freedom are protected.

Why Are Criminal Charges Dismissed in South Carolina?

In our South Carolina criminal courts, a dismissed case means it is closed with no finding of guilt and no conviction for the defendant.

The solicitor’s office or even the court may dismiss criminal charges for many reasons, and our experienced criminal defense attorney in Fort Mill may advance this process by evaluating the available information surrounding your arrest and petitioning the court for a dismissal.

Our criminal defense Lawyer in Rock Hill can argue that the prosecution’s case cannot overcome the burden of proof at trial and urge them to drop or dismiss the charges.

This option does not apply to all charges or the individuals charged, but the process is typically more successful when we can contest the charges early in legal proceedings.

Charges may be dismissed due to:

  • Lack of probable cause to arrest
  • An improper criminal complaint or charging document
  • Illegal stop or search
  • Lost, misplaced, or lack of evidence to prove the defendant committed the crime
  • Unavailable witnesses are required to prove the defendant committed the crime
  • Domestic Violence
  • DUI & DUAC
  • Violent Crimes & Murder

If you have been arrested or are being investigated by law enforcement for criminal charges, our criminal defense attorney in Greenville,  South Carolina will review your case and design a unique strategy to produce the best results available for your unique legal circumstances.

What if My Criminal Charges Cannot Be Dismissed?

Each defense attorney’s goal is to have their client’s charges dismissed. When that is not possible — as it is not always possible the prosecution may counter with an offer to reduce the charge during a plea bargain.

Plea bargains serve several purposes, including reducing the number of cases going to court by allowing the defendant to plead guilty to a lesser charge or offering first-time offenders the opportunity to receive a lighter sentence.

Plea bargains are not ideal for every case, which is why it is important to retain an experienced criminal defense attorney in Fort Mill, South Carolina who can have the charges dismissed entirely, negotiate a better deal, or build a successful defense strategy for your day in court.

Contact Our Criminal Defence Lawyers At David Martin Law Group For consultation.

Our Fort Mill, SC criminal defense lawyer at the David W. Martin Law Group is available to review your case by calling (803) 548-2468 to learn exactly what your charges mean to your future, and how we can help you pursue the best outcome available for your unique circumstances.

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David W. Martin Law Group

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Fort Mill, SC 29715-1722
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