Can a charge be dropped due to jurisdictional issues?

My husband has been charged with breach of trust under $1000 for doing a side job. The charges were brought in the county where the owner of the business lives but not where the business is located. I was wondering if the charges could be dropped because of being filed in the wrong jurisdiction? Also, can the company have licence in one county and have the actual business in another county without having a licence in that county as well?

Asked on March 18, 2011 under Criminal Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue you raise as to licensing needs to have more information in order to be able to give any guidance.  Some business are licensed by the state and not the individual counties so their licenses are good anywhere within the state.  Counties may require that they register as doing business but again: the type of business is what matters.  Now, it is my understanding that a breach of trust charge is akin to an embezzlement charge.  To convict you of breach of trust, the state will have to prove that there was a fiduciary, or trust, relationship, and that something was taken in violation of that trust. The state must also prove that you had the intent to defraud the alleged victim. The potential penalties for breach of trust are based on the dollar amount alleged to have been taken or the value of the property alleged to have been stolen. Under $1000.00 is a misdemeanor punishable by 30 days.  If the County does not have jurisdiction over the matter that is something for your attorney to raise.  But be aware that the matter may then be brought again in the correct county.  Get legal help.  Good luck.


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