The likely charges would depend on what they did, and those are up to the police & the DA. Possible charges would be disorderly conduct, threatening, others.
Hello,
Yes. If police respond with EMS and discover illicit narcotics or illegal drugs on the person who is receiving emergency medical assistance, or if police are the first responder prior to EMS and discover an individual needing help with evidence of illicit narcotics or illegal drugs,... Read more »
A request for preliminary hearing was put in but was denied
Not exactly. SC Code 16-13-180 addresses both "receiving stolen goods" and "receiving or possessing property represented by law enforcement as stolen". While they fall under the same statute and carry the same penalties, the elements of each offense are a bit different.... Read more »
Can the time on house arrest be credited to their sentencing time?
Universal Citation: SC Code § 24-13-40 (2015)
The computation of the time served by prisoners under sentences imposed by the courts of this State must be calculated from the date of the imposition of the sentence. However, when (a) a prisoner shall have given notice of intention to appeal,... Read more »
Hello.
Unfortunately, we aren’t able to do anything but estimate your release date with the information you provided. Without knowing your actual conviction offense, so that we know whether or not the offense is a 65% or 85% time served offense, we cannot give you an accurate amount of... Read more »
Federal case. Read this info on the docket. It’s a motion to extend time to file Pre-trial motions.
There are a lot of reasons why this could occur, but, no it definitely does not mean a case is going to trial with no plea deal. One reason a motion to continue is filed could be that the AUSA is about to reindict with a superseding indictment and doesn't want to arraign defendant twice and... Read more »
Suspect is indicted already & is my husband.
No, you are under no obligation to testify or inform the government of information in your possession unless you are under subpoena.
Even then, you cannot be forced by subpoena or the court to testify against your spouse, if you are legally married, as you and he have “spousal... Read more »
I was sentenced to 8 years non violent from a 16-3-29 due to the judge stating he was "dropping it" to non-violent aggravated assault....I don't know if this is consistent with the law
Hello,
In South Carolina, SC Code Ann. 16-3-29 is Attempted Murder, a violent felony. The lesser included offenses of Attempted Murder are:
Assault and Battery of a High and Aggravated nature, a violent felony, S.C. Code Ann. 16-3-600B)(1);
Assault and Battery in the First... Read more »
In South Carolina a conviction as opposed to a pending charge is required to enhance a subsequent offense. Further it takes a minimum of 3 property crime convictions to enhance to a felony level property crime. Once you get to a felony level property crime, it carries up to 10 years in prison.... Read more »
Caselaw from Georgia..state v Goodman, 469 s.e.2d 327.
Georgia court of appeals ruled in favor of the guy,and say he did not violate the left turn law , my case from SC is 98% like his.
First I am not a SC attorney. But generally a case from out of state (by it Georgia, or elsewhere) do NOT bind the South Carolina courts. It can be persuarive authority but the South Carolina courts do not have to follow it.
$500, which was increased to $1000 when I said I couldn’t. They apparently followed me yesterday and saw the apt I live in. Now they are threatening to expose me to my family.
Hello. We are terribly sorry to hear about this. No one should be afraid of such exposure by such types of people, merely for being who they are. This is repugnant and despicable.
You have several causes of action both criminal and civil.
South Carolina has no Revenge Porn Laws; the... Read more »
Hello,
Yes, the State could reduce armed robbery to strong armed robbery. However, this is usually done as a condition of plea negotiations. We recommend that you speak with this possibility to your attorney.
We hope that this helps you, and wish you the best in your matter.
Hello,
The likely charges are as follows:
Murder;
Possession of a Weapon during the Commission of a Violent Crime.
Have court tomorrow my ticket is 1000$
If you do not show up to court then you can be tried in your absence and found guilty. Even if the alleged victim does not appear, If you are not there to make certain objections to hearsay testimony then you could be convicted. Not showing up for court is rarely a good idea.
I would... Read more »
Well, South Carolina lawyers are unlikely to answer the questions of a Sanford, Florida questioner because we are not bar licensed in Florida.
We wish you well with your Florida legal matter.
He's out on bond and caught another charge and he doesn't have a lawyer right now! He applied for a public defender and waiting for a response from them!
He needs to hire an attorney to present his case the the Judge! If he qualifies for a public defender it would be best to reach out to them and make sure that someone has been assigned to his case. I would never recommend for someone to go to a motion to revoke bond on his/her own.
But during the BOP release process, the state of SC put a hold on him but did not specify the reasoning. I have since found where he & 21 others were indicted in 2018 for conspiracy.
Even though he qualifies for early release he can not be as long as there is a hold for that charge... Read more »
The best thing for this person to do is file a form with the prison where he is currently being held under the interstate agreement on detainers. This will force the State of SC to start the process of bringing him back for trial on the state matter. If the state fails to do so within a certain... Read more »
I got charged with shoplifting 16-13-110b2
It would be wise to reach out to an attorney in this area so that they can properly represent you on your shoplifting charge. So long as this is not an enhancment charge this case would carry up a 30 days in jail and/or a fine.
This charge is a misdemeanor offense that carries up to 1 year in prison and could require the sex offender registry and/or an ankle monitor if a minor child is involved in the underlying offense.
https://www.sccourts.org/cdr/displayCDRcode.cfm?CDRcode=373
You will need to apply for an expungement. An attorney can walk you through that process or you can do so on your own.
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