Q: Can a drug charge be thrown out after a certain amount of time of being pending in general sessions Court in SC
I've had a drug charge pending in general sessions Court for almost 2 years now and I was wondering if they was an amount of time that I could get it thrown out
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A:
The ability to have a criminal charge dismissed after a certain period depends on several factors, including the specific circumstances of the case and the laws of the jurisdiction.
In South Carolina, there is no automatic time limit after which a drug charge is automatically dismissed.
However, defendants have a constitutional right to a speedy trial, and excessively long delays may violate that right. If you believe that the delay in your case has been unreasonable and has prejudiced your defense, you may raise this issue with your defense attorney.
They can file a motion to dismiss based on a violation of your right to a speedy trial.
Keep in mind that the success of such a motion will depend on the specific details of your case and the reasons for the delay.
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