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WHO CAN PROSECUTE CASES IN THE MAGISTRATE COURTS OF SOUTH CAROLINA?

WHO CAN PROSECUTE CASES IN THE MAGISTRATE COURTS OF SOUTH CAROLINA?

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Obviously Solicitors and County Attorneys have the authority to prosecute cases at the Magistrate court level, but what about the officer that did the investigation and made the arrest?  Even a more interesting question is what about an officer from the arresting department who was not involved in either the investigation or the arrest? There is an Attorney General’s opinion regarding this question, and while this opinion would not supersede a decision of a court of competent jurisdiction, this document does provide a wealth of information regarding the proposed question. The question posed in the opinion was, “whether a deputy sheriff who conducts the investigation should be the officer prosecuting the case in magistrate’s court.”  My interest in this topic has led me to take this analysis one step further…
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