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Can I file a motion to dismiss for lack of probable cause for a CDV 1st awaiting jury trial in SC?

Columbia, SC |
Filed under: Criminal defense

I was issued and served via warrant and not a uniform traffic ticket.

I'm confused to this as State v. Ramsey : February, 2009 http://law.justia.com/cases/south-carolina/supreme-court/2009/26595.html

states a magistrate does not have to power for a prelimenary hearings,
"we hold that the magistrate judge should have declined Respondent’s request for a probable cause hearing and instead brought the charge to trial for summary disposition."



*I understand all answers are opinions only and in no way should be construed as legal advice. I hereby waive any and all claims to any advice given and/or my rights to legally pursue any person(s) for said advice given in relation to the question.

Attorney Answers 2

Posted

State v, Remsey states taht you cannot file a motion to dismiss for lack of probable cause for CDV 1st offense. the case must be determined in a trial. In higher court (general Sessions) cases, you do have a right to a pre-liminary hearing to determine probable cause. In those casea, a Magiatrate does have authority to conduct a preliminary hearinga nd dismiss for lack of probble cause. However, even if the Magistrate dismisses the charge, the State can still seek an indictment and take the case to trial.Only the prosecutor has authority to dismiss your cae. Thus, to have it dismissed before trial, you must convince the prosecutor.

You really need a lawyer to help you.

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Posted

This is what I thought to be true too. Later Ramsey does appeal this though and successfully wins due to the courts ruling a traffic ticket alone does not begin court proceedings in a case. This has nothing to do with the case I was speaking of in my original question but I thought was worth noting.

Posted

Get an attorney or you're going to get yourself in lots of trouble.

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Per AVVO: Originality counts Think before you post and stay on topic. Answers that don't specifically address their questions will be removed , so think twice about copying and pasting the same answer to multiple questions. Your answer, as I've seen several times in your responses to questions, never have to do with an answer. I understand your concern for certain persons legal welfare but you're pretty much just cut/pasting the same answer over and over and really this doesn't seem to the intent of AVVO's wishes or even the spirit of which the platform was created. Best wishes.

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