Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Andrew "Andy" Potter
1 Answer | Asked in Criminal Law for South Carolina on
Q: If I get my habitual driving suspension reduced , will it still show up as a felony on my record ?
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Under section 56-1-1100, a habitual traffic offender violation is a felony which carries a maximum sentence of 5 years. However, if you are able to get it reduced to something like DUS 3rd, it would only show up as a misdemeanor, but you are required to do a mandatory minimum of 6 months in... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: WHAT IS TAINTED EVIDENCE
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Your question is difficult to answer in regarding to context. Typically, tainted evidence could be construed evidence seized as a result of a warrantless search of a person, vehicle or house. That evidence cannot be used against the person in court unless there was an exception to the warrantless... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: How can a person that has been sentenced by state and federal court, be transferred to federal institution
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 5, 2015

Typically, a person who has been sentenced in both federal and state courts but is in state custody must max out the state sentence before he will begin the federal sentence. It is my experience that the federal sentence will not be run concurrent with the state sentence. In order to get placed... 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.