My question involves criminal law for the state of: South Carolina.
Can I get my misdemeanor case dismissed if the Judge and Prosecutor in the case are not following the Rules of Criminal Procedure?
In this case, I had put in a written request for continuance to have time to prepare, which the judge denied.
I went to court a week and a half later, only to discover that the Prosecutor had a verbal (over the phone) request for continuance, which the Judge approved.
SC Rules of Criminal Procedure state that ALL motions are to be submitted in writing, in advance, giving the defense time to object to the motion. I think it's 115 which references 110.
Motion to dismiss for lack of due process on court not following the rules?
Remember, we (pro se/pro per) litigants are required to follow the rules.
Thank you.
Can I get my misdemeanor case dismissed if the Judge and Prosecutor in the case are not following the Rules of Criminal Procedure?
In this case, I had put in a written request for continuance to have time to prepare, which the judge denied.
I went to court a week and a half later, only to discover that the Prosecutor had a verbal (over the phone) request for continuance, which the Judge approved.
SC Rules of Criminal Procedure state that ALL motions are to be submitted in writing, in advance, giving the defense time to object to the motion. I think it's 115 which references 110.
Motion to dismiss for lack of due process on court not following the rules?
Remember, we (pro se/pro per) litigants are required to follow the rules.
Thank you.
Pretrial Procedure: Court Not Following Rules
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