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

Asked over 1 year ago - Columbia, SC

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/supr...

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)

  1. David F Stoddard

    Pro

    Contributor Level 13
    Best Answer
    chosen by asker

    Answered . 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.

  2. John A. Jackson

    Contributor Level 13

    1

    Lawyer agrees

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

    This response is for informational purposes only and is not intended to convey detailed legal advice on any... more

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