Legal Question in Criminal Law in South Carolina

What liability do arresting officers have to make sure the charge meets the crime? If they fail what recourse does the violated defendant have?


Asked on 1/09/12, 10:45 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

In most cases, the arresting officer has no responsibility to prove the elements of the crime. All they need is Probable Cause for the arrest. It is then up to the solicitor to collect all of the available evidence to prove the case.

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Answered on 1/09/12, 12:01 pm


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