Motion to Set Aside: This motion is aimed at setting aside the indictment or conviction based on the grounds of prosecutorial misconduct. The motion may highlight instances of juror bias, improper instructions, or violation of procedural rules during the grand jury proceedings. Motion to Quash: This motion seeks to quash or nullify the indictment against the defendant, arguing that the grand jury proceedings were tainted by misconduct on the part of the grand jurors.

It can be based on allegations of biased presentation, evidence tampering, witness intimidation, or any other form of prosecutorial misconduct. Motion to Dismiss: This motion requests the court to dismiss the charges against the accused if it is determined that the grand jury proceedings were fundamentally flawed due to misconduct or abuse by the prosecutors. In South Carolina, there are several types of Motions to Dismiss, Quash, or Set Aside that one can file due to abuse of grand jury and prosecutorial misconduct. This motion can be used in various criminal cases where the accused suspects that their rights have been violated or that the evidence against them was obtained illegally or under coercive circumstances. South Carolina Motion to Dismiss, Quash, or Set Aside due to Abuse of Grand Jury and Prosecutorial Misconduct is a legal recourse available to individuals who believe they have been subjected to unfair treatment or misconduct by grand jurors or prosecutors during the legal process. This is similar to selective prosecution. Such arguments may involve allegations that the prosecution withheld evidence or knowingly permitted false testimony. Prosecutorial misconduct is a procedural defense via which, a defendant may argue that they should not be held criminally liable for actions which may have broken the law, because the prosecution acted in an 'inappropriate' or 'unfair' manner.

Prosecutorial misconduct can be defined as the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury.

South carolina motion to dismiss