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Questions Answered by Andrew "Andy" Potter
1 Answer | Asked in Criminal Law for South Carolina on
Q: If a police officer says that your muffler is unusually loud can you be fined for that?
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

If the police officer gave you a blue ticket, it will say what statute or ordinance you have said to have violated. Take your ticket to an attorney to review so that he or she can advise you as to what your rights are.

1 Answer | Asked in Criminal Law for South Carolina on
Q: For no reason whatsoever, a cop behind me hit his blue lights. The passenger got out of the vehicle and I proceeded on.

I did not stop. I did in fact get away but they did get my tag and went to parents home. What's the worst that can happen? Its been two weeks and I haven't had any contact with police yet.

Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Depends how old you are. You have violated South Carolina law by not stopping when blue lighted and if you are a juvenile, it is possible that the case was referred to the Department of Juvenile Justice for prosecution. If you are an adult, you may have a warrant out for your arrest. The really... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Does the stat have a case for attempted murder if the victim signs an affidavit stating mutual combat
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Hard to say. What did the victim tell the police when interviewed at the scene. The change in his story should help your case, but does not necessarily mean the state cannot still prove attempted murder to a jury. You need to hire an attorney to review the case more closely and protect your... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: my husband went awol from a work release camp in south carolina. how much time will be added to his sentence
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

If he was charged under Section 24-13-410, Escape--it is a felony that carries not more than 15 years consecutive to what he is already serving. Also, SCDC will likely reclassify him to a high level of security. If he has been charged, you need to get him an attorney to protect his interests.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Under only 1 sentencing can I accumulate a 1st and 2nd offence dist?

I'm being told my previous conviction was both my 1st and 2nd offence. 2 charges under 1 sentence. Now they've charged me 2nd and 3rd for the 2 dist I've got pending. Can I b tried as this my 3rd offence and why charged w 2nd offence twice?

Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

You need to speak with an attorney in person so that he or she can review exactly what the warrant says and look at your rap sheet to see if what the solicitor is saying is correct. Either way, you need an attorney representing you to protect your interests.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can a lawyer help me?

My nephew was convicted of csc in the 1st degree and three counts of witness intimidation 14 years ago. The csc is the primary offense and the 3 counts of intimidation derived approx 3 months later. The judge tried all the charges together bc they were closely connected, but ran the sentences... View More

Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Unfortunately, no. If there is still a PCR pending, then maybe if your nephew is able to succeed at the PCR level, but otherwise, no. If there is no PCR pending, then there is no chance of getting the sentences changed.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How can two people be charged with rsg

Helped my nephew load a car on a trailer at his house we both went to jail rsg I only helped him load vichle and rode with him to scrap yard

Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Yes, you can be charged as well since you were involved in the loading and transport of the stolen vehicle. Under South Carolina law, hand of one equals the hand of all. You need to hire an attorney to protect your interests as your involvement is limited.

1 Answer | Asked in Criminal Law for South Carolina on
Q: ive been charged with assault by mobb in th third degree and disturbing schools would a public defender help me?
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Yes, a public defender is an attorney and you will likely do better with a public defender who works in juvenile court everyday if your case is in juvenile court. If you are in General Sessions, then a public defender will help, but you always have the option to hire an attorney of your own... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: what does Order/Bench Warrant Rescinded mean in a criminal case, plz let me know
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

It means that a bench warrant was issued for you failing to appear for court, but then the court rescinded the bench warrant so there is no longer any bench warrants out for your arrest. You need to make sure you make all court appearances and I would encourage you to hire an attorney so that this... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: If my probation period is up and I still owe money what can happen.
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

It depends. If your probation was for a term of 5 years and the 5 years have passed and you still owe money, a civil judgment for the balance can be entered against you. If the term of probation was less than 5 years, then your agent will petition the court to extend your probation so that the... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Is ptup probation terminated when I received written receipt from clerk of court?
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Yes, however, you need to make sure that your probation agent has a copy of the receipt and confirms that your probation term is officially over.

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is the penalty for unlawful conduct towards a child?

My ex was recently arrested for unlawful conduct towards a child. He ran errands with his son after taking what I'm told was roxicodone and passed out at a gas station with his son in the back seat. Luckily no one was hurt, but he was arrested. What would the penalties for this kind of charge be?

Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Your ex should hire an attorney to protect his interests immediately. § 63-5-70. Unlawful conduct toward a child.

(A) It is unlawful for a person who has charge or custody of a child, or who is the parent or guardian of a child, or who is responsible for the welfare of a child as defined...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: My daughter was struck by her roommate and called the police. They didn't do anything. What are her options?

The police said it was combative because my daughter tried to hit her back. They refused to take pictures or remove the roommate or do anything. This was in Columbia, SC. Can she file dv charges and have the roommate arrested?

Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Your daughter should be able to have her evicted via Summary Court if she is the owner of the property. Otherwise, she can file a civil action against her roommate for injuries sustained. Sounds like the best thing your daughter should do is move out.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Second offense shoplifting

Got caught shoplifting again with the 1st charge pending am I going to jail?

Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Well, it might be a good idea to stop getting new charges while you have other ones pending--especially for the same thing. A shoplifting 2nd offense carries a maximum sentence of 30 days--however, the fact that you got this new charge while the other one was still pending may be enough to upset a... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can an officer arrest a student at school for possession of marijuana when the teacher's statement is only evidence?

The teacher saw my daughter catch and then toss a wadded up paper. She called her out of class, then sent her back in the class to get the wadded paper. When it was opened there was a marijuana bud inside. She then called the school resource officer, who was at another school to come there. He... View More

Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

A police officer does not have to read your daughter her Miranda rights when he is making an arrest. Miranda only applies when she is being interrogated while in custody. If the marijuana was not seized as evidence, then there is a good argument for dismissal of the case. You need to hire an... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: If I get charged with assault and battery 2nd offense and my uncle drops them and doesn't show up what will happen?
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Assault & Battery 2nd degree is a misdemeanor which carries a maximum sentence of 3 years. If your Uncle is the prosecuting witness and wishes to dismiss the case, the state is not obligated to do so. However, if he does not appear for trial, then absent unusual circumstances the case can be... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: I was charged with something I did not do, the charge was wreckless conduct that happen 2013?
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Not sure exactly what you mean by "wreckless conduct" However, you will need to speak with an attorney immediately to discuss what your best options are. Make sure you take a copy of the warrant or blue ticket to the attorney you meet with so that he or she can fully understand your situation.

1 Answer | Asked in Criminal Law for South Carolina on
Q: how much jail time will I get for 3rd offence possession of crack under a gram?
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

If you have been charged under the following statute:

§ 44-53-375. Possession, manufacture and trafficking of methamphetamine and cocaine base and other controlled substances; penalties.

(A) A person possessing less than one gram of methamphetamine or cocaine base, as defined in...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: How long is someone convicted of CDV banned from having a gun in South Carolina?
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

My understanding is the pursuant to Federal law, it is a lifetime ban. This applies in all states since it is a Federal law.

1 Answer | Asked in Criminal Law for South Carolina on
Q: My stepfather stands accused of neglecting my mother to the point of her death. What do I do?

He has opted for a jury trial, and I don't think it's in his best interest to do so. She died at home, with a broken leg, after four days of no food or water or waste cleanup. I don't want him to get away with what he's done, but neither do I want to sit in a courtroom and watch... View More

Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

You need to speak with the solicitor handling your step-father's case or the victim advocate to let them know what you want out of this case. They will take into consideration your wishes, but the solicitor does not represent you personally. If you do not feel like they are listening, you... View More

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