Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jonathan Edmond Bennett Lewis
2 Answers | Asked in Criminal Law for South Carolina on
Q: How long can they hold you without serving you a warrant?

My boyfriend was arrested 3 days ago. He was arrested at a traffic stop for a bench warrant he had for a prior drug possession charge that he skipped court for a year ago. Every time I call to see if he will be up for bail hearing they say he is still on hold. They said the arresting officer has... View More

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Nov 5, 2020

Hello.

A bench warrant is not like a regular warrant. Your boyfriend will be held until he is brought before a judge, and the judge vacates (removes) the bench warrant. In order for the court to do that, and to assure that the court is going to want to know that your boyfriend has been...
View More

View More Answers

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hi I was charged back in 2018 with unlawful child neglect. I was sentenced to 9 months of probation.

My probation ends 10-13-2020. All fees and court cost have been paid. I wanted to inquire about expungement or having my record sealed. Is it possible and if so what are the steps I need to take

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Oct 11, 2020

Hello,

This offense is not eligible for expungement. Unlawful Neglect of a Child under the South Carolina’s Children’s Code is an offense that can result in a prison term of up to 10 years and/or fines decided at the court’s discretion.

For a conviction to be eligible for...
View More

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Litigation for South Carolina on
Q: A person i was staying with has stolen 9 of my exotic birds. police wont help say it is civil. civil court is back loged

she is deliberating hidding them, i am afraid i will never see them again. please help

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Oct 11, 2020

How did the woman come to obtain the birds?

Without knowing this, specifically whether you entrusted her with the birds and she refused to return them, whether she broke in to somewhere and took them without your permission or knowledge, etc., it’s impossible to examine whether there is a...
View More

2 Answers | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: I was drunk entering jail didn't know I had a roach in my pocket which is very small amount of weed only trouble had dui

Was charged with bring in contraband I don't want go to prison what do I do

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Aug 21, 2020

Hello,

I cannot tell from your question, but were you under arrest at the time you were taken into the detention center?

If so, that doesn’t meet South Carolina’s Furnishing or possessing contraband in county, municipal, or multijurisdictional jail statute. It would most likely...
View More

View More Answers

1 Answer | Asked in Criminal Law for South Carolina on
Q: My friend was recently pulled over, and drugs were found on him. Is it my right to ask to see the video of the traffstop
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Jul 31, 2020

It depends.

Is it your right to be provided the video as part of the case? No. Discovery of all evidence the State has in its possession is the right of the Defendant and his counselor/attorney.

Is it your right under the Freedom of Information Act? Maybe, but probably not. Active...
View More

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: If a person is being charged with attempted murder at a bail hearing are they supposed to give them the lowest bond

Because they give this man that know the police was looking for him and left the state to NC and got caught and picked up coming back into sc then they let his parent speak in court and not ours then the judge gave the man the lowest bond and a bracelet to be monitored to a nc home . There was no... View More

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Jul 13, 2020

Hello,

What you have described does sound appropriate to a SC Bond Hearing.

In all bond courts the Constitution requires a bond to be given to a defendant. Bond may only be denied, and that denial reviewed by a Circuit Judge, if a defendant presents an unreasonable and continuing...
View More

1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for South Carolina on
Q: I'm in spartanburg county need attorney advise for slander on false police report
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Jul 10, 2020

I'm afraid I don't understand your question.

Slander is a civil matter in which someone defames you by verbal statement to others, knowing that the information that they have provided about you is wrong, with the intent to cause you harm.

A false police report is a...
View More

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: If I am arrested for a crime a make bail and a person breaks into my house steals my car and vandalizes another car

Person breaks into my house and steals my belongings steals my car vandalizes my other car and physically assaults my girlfriend can I have him arrested

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Jul 8, 2020

Yes, absolutely. Your pending charges have nothing to do with you being the victim of a crime.

You should immediately contact the police agency in the jurisdiction in which your home is located. They will begin the criminal investigation process, and take the next steps from there.

Best.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can non violent convicted felons in the state of South Carolina get there guns rights back?

I am a convicted felon with multiple felonies all are non-violent. I have no violent charges on my record. My charges are 13 years old and I'm looking to get my gun rights reinstated if possible In my state. Please help me with this.

Thanks for your time and consideration.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Jul 8, 2020

Hello,

No, as a felon you may not own, possess, hold, handle, or fire a firearm. The issue is not whether the felony is violent or non-violent, as the vast majority of felonies are non-violent. This issue is the felony conviction at all. The only way to restore your firearms rights as a...
View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can I be naked in a hot tub in my own backyard in SC if there is a possibility that I could be seen by neighbors?
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Jul 6, 2020

Hello.

If your neighbors can see you nude, they can file a police complaint for Indecent Exposure. This charge is a misdemeanor, with potential penalties if one is convicted that can include fines and/or imprisonment. The length of imprisonment will vary per case, but the maximum sentence...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.