Who can prosecute a criminal case in South Carolina?
Asked by: Ms. Madilyn Stracke III | Last update: July 30, 2025Score: 4.6/5 (41 votes)
The Attorney General is South Carolina's Chief Criminal Prosecutor, Chief Legal Officer and Securities Commissioner.
What three conditions must be present before a prosecutor charges a criminal case?
(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.
Who prosecutes criminal defendants?
The District Attorney's office represents the People of the State of California. Prosecutors bring criminal charges against suspects in courts of law.
What are prosecutors called in SC?
A district attorney (D.A.) is the prosecuting officer of a criminal case. This is the official who represents the government in prosecuting criminal offenses. In South Carolina, D.A.s are called “circuit solicitors." They file charges and prosecute cases against criminal defendants in court.
Who decides what cases to prosecute?
Charging. After an arrest, police present the case to a prosecutor, who decides whether to prosecute the individual and what charges to bring.
FBI updates 'significant' case in South Carolina
Who has the power to prosecute criminals?
The District Attorney (DA), also known as a prosecutor, plays a critical role in our criminal justice system. They represent the government in criminal cases and are responsible for ensuring that justice is served by prosecuting individuals accused of committing crimes.
What is the statute of limitations on criminal cases in South Carolina?
Unlike many states, South Carolina has no statute of limitations on criminal cases, meaning prosecutors can file criminal charges at any time after a crime has been committed.
How to drop charges against someone in South Carolina?
A victim cannot dismiss or drop charges against a defendant at a bond hearing. If a victim wants to dismiss or drop charges against a defendant, the procedure for doing this is processed through the Solicitor's Office only if the charges involves a high court crime and/or all DV cases.
Are prosecutors lawyers or attorneys?
What is a prosecutor? A prosecutor is a lawyer, sometimes an elected official, who represents clients who file legal charges against a person or corporation. They typically focus on cases in criminal and administrative law.
What not to say to a prosecutor?
- Agreeing to a deal you don't understand: Sometimes, a prosecutor may try to negotiate your charges with you. ...
- Giving them information they don't know: Much like police, prosecutors may also try to act like your friend when speaking with them.
Who has jurisdiction to prosecute?
City, county, and state governments have direct authority over most areas of the country. Unless an alleged criminal offense falls under the federal government's subject matter jurisdiction, state or local laws apply in most criminal matters, ranging from minor traffic offenses to serious felonies.
Who prosecutes a person who has broken a criminal law?
prosecute - To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
What evidence does a prosecutor need?
Prosecutor's Responsibility to Present Evidence
Testimonies from witnesses who saw or experienced the crime. Physical evidence like weapons, DNA, or fingerprints. Testimonies providing analysis that supports the prosecution's case.
What are 3 important factors a judge will consider before sentencing?
- Case law and statutes. The first thing a judge must consider is the law. ...
- History of offenses. Prior criminal records will be considered by the judge when determining your sentence. ...
- Compliance. ...
- Severity. ...
- Risk to the community.
Can I sue after being found not guilty?
If you are accused of a crime and acquitted or otherwise found not guilty of the offense, you can still face a civil lawsuit for the same incident. The Double Jeopardy clause only protects you from subsequent criminal prosecution in the legal system.
Does South Carolina have the right to a speedy trial?
Both the Sixth Amendment and Article 1, Section 14 of the South Carolina Constitution provide the right to a speedy trial. This right ensures that criminal cases are resolved promptly. The court must prevent prolonged pretrial detention and minimize the impact of legal proceedings on the accused.
How to beat a CDV charge in SC?
- False Allegations. ...
- Self-Defense. ...
- Defense of Others. ...
- No “Offer or Attempt” to Cause Physical Harm. ...
- The Alleged Victim is Not a “Household Member” ...
- Unlawful Search or Seizure. ...
- Failure to Read Your Miranda Rights. ...
- Inadmissible Evidence of Guilt.
How to tell if you're being investigated?
If you notice unmarked cars or police vehicles near your place of business, your work, in your neighborhood, or by your home, there is a good chance that you are under investigation and perhaps police surveillance.
How many times do you go to court before sentencing?
Some people only have to show up for court one time—when they enter a plea. Others may have to show up several times if the case is set for trial. However, you will rarely have to show up more than three or four times. As you might guess, felonies are entirely different.
What is a Rule 5 request for discovery in SC?
Discovery of Evidence
A Rule 5 request specifically requires the State to produce: (A) Statement(s) of Defendant, (B) Defendant's Prior Record, (C) Documents and Tangible Objects, (D) Reports of Examinations and Tests.
How long does it take for a prosecutor to press charges?
So, how long does it take to press charges on someone? In general, if a prosecutor decides to go ahead with criminal charges, they'll make the decision within just a few days, well within the statute of limitations.
Can police decide not to charge?
Police officers arrest suspects, but prosecutors decide whether to file formal charges. Learn how it works. When it comes to criminal charges, police generally make the arrests, and prosecutors file the criminal charges.