Lawyers, Answer Questions  & Get Points Log In
Questions Answered by James Thomas
1 Answer | Asked in Criminal Law for South Carolina on
Q: I've had pending charges for possession of class 1and 2 for over a year with no Court date scheduled.

I've been to first and second appearance haven't entered a plea and no further Court date my public defender has been no help I don't think the state has ever given me my disclosure or Brady even thought it was requested . Is this reason to request for these charges to be dropped

James Thomas
James Thomas
answered on Sep 3, 2022

The delay - not likely. With COVID backlogs still being worked through, a delay of over a year is pretty par for the course. If they haven't given your lawyer discovery - maybe, that's a question you should ask them.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Hello, I was recently pulled over and charged with dus 3rd offense. My ticket says $2000, but I thought max was $1,000?
James Thomas
James Thomas
answered on Sep 3, 2022

The max fine is $1000, but court costs and surcharges often double the amount of the fine. And be careful, because for a third offense jail time is definitely a possibility too.

1 Answer | Asked in Civil Rights, Constitutional Law, DUI / DWI and Traffic Tickets for South Carolina on
Q: How long can the police hold a fire arm that was confiscated out my vehicle

I got pulled over and was charged with the DUI a few months ago and I allowed the officer to search my vehicle and I told him where my firearm was they took it and the next day when I was released from the jail they didn't give it back how long are they allowed to keep it before I can have it back

James Thomas
James Thomas
answered on Sep 3, 2022

If the firearm is evidence in the case for some reason (it doesn't sound like it, but for example, someone might also be charged with unlawful carry in addition to DUI), then they'll hang on to it for at least as long as the case stays pending in court. But if not, then they should be... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Two first offense simple possession drug charges. Condition of bond home detention gps.

What is the quickest way to get the ankle monitor off?

James Thomas
James Thomas
answered on Aug 8, 2022

It depends on the jurisdiction, but generally your lawyer would need to file a motion to modify your bond conditions to remove the HD/GPS requirement. If you are eligible for a diversion program like PTI and you want to go that route, your lawyer might be able to get the Solicitor's office to... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: I was represented by an Attorney in 1988 on a misdemeanor charge ( SC statute 16-17-430, Illegal use of a telephone )

I plead guilty. It has a max. sentence of 30 days in jail. Judge Franks Epps sentenced me to 10 yrs. reduced to 5 yrs. probation. I was illegally sentenced with my Attorney standing next to me. I was never in trouble before this nor have I been after that day. I tried to buy a firearm last mon. and... Read more »

James Thomas
James Thomas
answered on Dec 22, 2017

You might want to consider retaining a new attorney to look into this. Your previous attorney might have a conflict in representing you if fixing this problem essentially forces him to admit he screwed up. I don't have enough information to say whether or not that is the case, but you should... Read more »

1 Answer | Asked in Communications Law and Criminal Law for South Carolina on
Q: How does an unlawful communication case go down in court? What are the penalties? Is jail time a likely outcome?

Someone i know allegedly sent someone one text six months ago that was about a sentence long, and used a profane word. He was pulled over for a traffic violation and was sent to the city for a warrant for unlawful communication. He is worried that he will be sent to jail over one text message from... Read more »

James Thomas
James Thomas
answered on Sep 3, 2017

The possible penalties for a violation of South Carolina's unlawful communication statute (SC Code 16-17-430) are a fine between $100 and $500 or a jail sentence of up to 30 days. So a jail sentence does not have to be imposed upon a conviction, but it would be wise to retain an attorney to... Read more »

1 Answer | Asked in Traffic Tickets for Georgia on
Q: What kind of speeding ticket do I have if I Was speeding 89 in a 70 in dalton ga area On i75
James Thomas
James Thomas
answered on Aug 20, 2017

Georgia will consider that a "Super Speeder" ticket under O.C.G.A. § 40-6-189. If you pay the ticket without going to court or are convicted in court of going that speed, Georgia will assess an additional $200 fee payable to the state above and beyond whatever you paid to the court. You... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If a person is going to court for the second time for simple battery in a year is it likely they will do time
James Thomas
James Thomas
answered on Aug 20, 2017

Maybe, maybe not. Sentencing is up to the judge. There's a good chance the first simple battery will factor into the judge's decision and/or the State's recommendation, and whether that amounts to a jail sentence will probably depend on the facts of both cases. If they're on... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Is violation of O.C.G.A. section 16-11-61 a registerable sexual offense?

I don't see it listed under O.C.G.A. 17-10-6.2, but I want to be de minimum sure.

James Thomas
James Thomas
answered on Aug 20, 2017

If the victim is a minor, I think a conviction for 16-11-61 might require registration under OCGA § 42-1-12 (a)(9)(B)(xi). I would recommend consulting a lawyer who routinely handles cases that might hit Georgia's registry and talking to them about the specifics of your case, because these... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If the date and time is wrong on an arrest warrant is the warrant invalid?
James Thomas
James Thomas
answered on Aug 20, 2017

Generally, I'd say no. If the evidence at a probable cause hearing on an arrest warrant supports an entirely different offense, the court can amend the charge to reflect the correct crime rather than the crime listed on the warrant (O.C.G.A. § 17-7-29), and on the same theory, I've often... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: My husband is post to turn his self in and do 24 hrs if he didnt turn himself in and they put a warrant out for him

He also has a in state warrant for indiana can they hold him for that or will he still juat do 24 hrs like the judge ordered what can happen

James Thomas
James Thomas
answered on Aug 18, 2017

Most likely, the jail will see the warrant, contact the issuing agency in Indiana, and verify whether it is a warrant that Indiana will request extradition for. Maybe, maybe not. If not, GA might release. If so, the extradition process will start. Would be smart to engage lawyers in both states.

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.