QUESTION

Can a charge be bound over from the Preliminary to General Sessions when no evidence proving the accused committed the crime?

Asked on Aug 26th, 2018 on Criminal Law - South Carolina
More details to this question:
At a preliminary hearing, a man was accused of attempted murder and possession of a weapon during a violent crime. The judge was switched out at the last minute before court began. While the accused and alleged victim "av" clearly stated there was a confrontation, both stated, along with two other witnesses, there was no gun involved and a shooting did not occur. The av did have injuries to their mouth so a nurse called the police as a suspected shooting.A doctor never confirmed the suspicion of a gun shot.The police decided that it would be a shooting, even though 4 witnesses, including av, clearly said there wasn't a shooting.There was no gun, shells, or ballistics recovered.The av refuses to testify saying that they already gave their statement 3 times and they choose to come to their own conclusion.There is one witness that waited 3 days to give a statement and it reflected what the officers claimed and is a known narc. Av is not pressing charges for the assault.
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1 ANSWER

Obviously the authorities have a different opinion than yours.  The accused would be well advised to retain a criminal defense attorney.  Assualt requires that the state proves that the victims were in fear of great bodily harm, beyond a reasonable doubt.  A battery is simply an unwanted touch. This answer neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnic, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC
Answered on Aug 28th, 2018 at 7:54 AM

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