Me and my friend made a terrible mistake trying to steal from Walmart. They called the police and the police wanted to schedule the court for May 19. We had flight tickets (we are international students) to go home in the next week so they somehow could hold the “court” right there at the... Read more »
It sounds like you may have been issued a citation for shoplifting or petty larceny and plead guilty or no contest. If this is the case then that is a criminal misdemeanor charge, but it can also be classified as a crime of dishonesty. Both could impact your immigration status.
If you were... Read more »
Me and my friend made a terrible mistake trying to steal from Walmart. They called the police and the police wanted to schedule the court for May 19. We had flight tickets (we are international students) to go home in the next week so they somehow could hold the “court” right there at the... Read more »
I suggest you get a South Carolinian criminal defense attorney or a local immigration lawyer who also practices criminal law in order to get this taken care of properly. Often, if not handled, right certain criminal charges will much later present a problem in the immigration context.
I can't speak to your jurisdiction, but in mine, the attorney generally has to bring these issues up in court to have them order a mental evaluation by doctors. Even then, the attorney has to believe the Defendant won't be able to help participate in his own defense. Otherwise the jails... Read more »
Of course. Returning the money doesn't undue the crime of robbery. It might help at sentencing though if your attorney can use it to demonstrate remorse.
The officer who wrote the incident report in my case wrote it out like he was there the whole time, which isn't true.
Also the inital thing I was being pulled over for was damage to personal property. i was charged with traffecking meth, possession of weed and ecstacy. Although I... Read more »
Officer cannot write false statements. On the other hand this is personal to you and I would suggest that you have someone else, perhaps a lawyer you might hire, review the reports and see if his review reaches a conclusion which is the same as yours.
At the time of question I was at my father's residence for a period of maybe 4-6 days continuously due to personal relationship issues and differences. My dad's cousin came over daily and intoxicated heavily. He left residence and later on accused me of stealing his gun after he had left... Read more »
It is unclear what type of help you are looking for here based on the topics selected. However, one option that you might consider is filing a police report if you are being followed, harassed, or repeatedly contacted after asking for it to stop. No one should have their mental health damaged... Read more »
years ago i asked a lawyer and he also told me it was a misdemeanor. can you verifly in 2011 did i plead guilty to a misdemeanor or a felony >
In order to answer this question I would need more information. That particular code section has two different sections. Under the (A) section, depending on the underlying charge that you were convicted of conspiring to commit that could be a felony but the penalty would be one half of the... Read more »
I need an affordable attorney that has experience dealing with and winning cases with DSS involvement. I need to know exactly what my rights and options are.
You can ask any attorney you consult with about how much experience they have defending DSS cases.
The cops came to my house on Wed. 11-17 with a search warrant looking to find a large amount of marijuana. They found a roach. My girlfriend said it was hers so they gave her a ticket for simple possession. They then told me I had to go to the police department Mon. 11-21 because they wanted to... Read more »
Is there a statue of limitations for simple possession in SC?
No. There are no statutes of limitations on criminal offenses in South Carolina.
Can they really come back to the house and arrest me?
Yes. In South Carolina we have two types of possession, constructive and... Read more »
3 Grams of....
What?
In South Carolina, Drug Crimes are specific to the substance. Without this information we cannot give you an accurate sentencing range.
I got a ticket in June 2021 for driving "10mph or less", paid the fine, but am now receiving a court summons for Dec 2021 for this same offense. I don't understand the timing, nor the reasoning for such an escalation in action. Since the incident, I have taken a defensive driving... Read more »
If you received a ticket and paid the fine then generally you are not required to attend Court. When you pay the requested fine then you are essentially pleading guilty to the offense. I would contact the Clerk of Court for the court in which you received the notice and find out the status of your... Read more »
What are my legal options? I do not have serials numbers, but can get affidavits that they are mine, and I had owned them for about 20 years
The best avenue to get your guns back is going to be a claim and delivery action in magistrate court (assuming the value is under $7,500.00).
I went to apply for an apartment recently and was denied due to a misdemeanor on my background check. This came as a shock to me. They informed me that it was "carless operation," and then I remembered. In the beginning of 2018 I accidentally ran a red light in a town that I had never... Read more »
When you pay a fine that is essentially pleading no contest, which has the same result as a guilty plea for purposes of your driving and criminal record. So unfortunately the answer is yes, this traffic citation should have been on your driving record.
The expungement process generally... Read more »
Is it possible I was found not guilty or nolle prosse. There is an update online that says application for destruction of arrest records
Yes, you can be convicted in your absence.
The prosecution only needs to present the victim to the court.
If the victim testifies to the elements necessary to convict you of the offense, you could be convicted.
You would then have only a very limited time to appeal that conviction.
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 »
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.
