Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Stephen Grooms
1 Answer | Asked in Criminal Law for South Carolina on
Q: Did a law pass or change where a person can get credit for being on house arrest prior to trial and sentencing?

Can the time on house arrest be credited to their sentencing time?

Stephen Grooms
Stephen Grooms answered on Jul 14, 2021

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 »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can you get more than one 1st offense shoplifting? I had a 1st offense pending, was awaiting court, and got another.
Stephen Grooms
Stephen Grooms answered on Jun 29, 2021

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 »

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have a pending assault and battery 3rd degree. If the victim doesn’t show up to court, do they drop the charge?

Have court tomorrow my ticket is 1000$

Stephen Grooms
Stephen Grooms answered on May 19, 2021

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 »

1 Answer | Asked in DUI / DWI and Domestic Violence for South Carolina on
Q: I got a domestic assault charge a few months back, it got dropped, but I still have another court date. Do I have to go?

I didn't get bonded out of jail, I stayed 3 weeks and the judge let me out after then. The person that I hit didn't show up to testify against me so they had to drop it, I have another court date do I have to show up?. I live in tennessee.

Stephen Grooms
Stephen Grooms answered on May 19, 2021

I would recommend you reach out to the court via the clerk of court's office to verify your charge was dismissed and your presence in court is no longer needed. They should be able to direct you as to how to get verification of the dismissed/nol prossed charge in writing. You will need to look... Read more »

2 Answers | Asked in Criminal Law for South Carolina on
Q: It's 0373-Obscene / Participation in preparation of obscene material prohibited a felony in the state of south carolina?
Stephen Grooms
Stephen Grooms answered on Apr 22, 2021

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

View More Answers

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Can someone be violated BC of non payment to the probation office?
Stephen Grooms
Stephen Grooms answered on Mar 18, 2021

Absolutely, payment of fines, fees, and any restitution ordered by the Court are all conditions of successfully completing probation. Therefore non payment could be grounds for violation.

1 Answer | Asked in Criminal Law for South Carolina on
Q: In S.C. how long does assault and battery 3rd degree Carry
Stephen Grooms
Stephen Grooms answered on Jan 8, 2021

(E)(1) A person commits the offense of assault and battery in the third degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so.

(2) A person who violates this subsection is guilty of a misdemeanor, and, upon...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Would misdemeanor assault and battery 2nd degree be considered a crime of violent under SC Code 16-1-60?
Stephen Grooms
Stephen Grooms answered on Sep 1, 2020

No, it is not a crime of violence per 16-1-60. It is considered a non violent crime, and while it is classified as a misdemeanor it carries up to 3 years in prison. So any conviction, regardless of the imposes sentence could impact your federal rights to own and possess a firearm.

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

Stephen Grooms
Stephen Grooms answered on Aug 21, 2020

You should contact a local defense attorney, the chances of you going to prison over a roach are minimal, that being said an attorney may be able to help you keep this off your record.

View More Answers

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hi! Are sawed off shotguns illegal in South Carolina? Thank you in advance.
Stephen Grooms
Stephen Grooms answered on May 15, 2020

They are illegal, it is a felony charge that carries up to ten years imprisonment. See statute below

SECTION 16-23-230. Unlawful storing, keeping, or possessing of machine gun, military firearm, or sawed-off shotgun or rifle.

It is unlawful for a person to store, keep, possess, or...
Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Went somewhere I wasn’t aware was private property and a police told me I was getting trespassed.

So, today I went somewhere that I wasn’t aware was private property. Anyways a couple minutes into being there, I was face to face with an officer. I was told I was being trespassed, but not being taken to jail. I just want to know if this goes on my record or if it’s just for their record in... Read more »

Stephen Grooms
Stephen Grooms answered on May 13, 2020

This is not a criminal citation, arrest or conviction and therefore it should not be entered on your criminal record. There is likely a report that the law enforcement agency took stating the warning you are being "trespassed" or essentially told formally not to come back. You can request... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for South Carolina on
Q: This is kind of an odd question lol so prepare yourself.

I am a 16 year old girl and am constantly asked for nudes on social media sites like snapchat and instagram. I’m often offered money for said photos or videos. I don’t ever want to send my own photos so I started just looking up photos online and sending those photos in exchange for money.... Read more »

Stephen Grooms
Stephen Grooms answered on Apr 13, 2020

What you are doing is definitely not legal, I would strongly recommend you quit immediately and stop interacting with strangers on social platforms. There are a number of different federal and state criminal charges this could fall under (not to mention potential civil claims) and the people you... Read more »

2 Answers | Asked in Criminal Law for South Carolina on
Q: What is the maximum sentence for offence code 2655. Code/Ordinance Sec 43-35-0085(B).
Stephen Grooms
Stephen Grooms answered on Mar 2, 2020

5 years in prison, felony class F

View More Answers

1 Answer | Asked in Criminal Law for South Carolina on
Q: I'm a first time offender reasonably what am I looking at facing in court?

I was charged with a hit and run. There was minimal damage done to either vehicle. This is my first offense. There were also issues in the police report. Officially it was claimed that I hit an unattended vehicle and there was there were people in the car when it happened. Am I facing looking fines... Read more »

Stephen Grooms
Stephen Grooms answered on Feb 26, 2020

If no one was injured and the damage was minimal then the Hit and Run charge is likely a misdemeanor charge carrying up 30 days for an unattended vehicle or up to 1 year in prison if the vehicle was occupied and property damage was the result. No ethical attorney can tell you what the sentence will... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: do you automatically get jail time if you’re a first timer with two felonies? assault 1st degree. burglary 1st degree.
Stephen Grooms
Stephen Grooms answered on Feb 26, 2020

If you were convicted of Burglary 1st Degree the minimum mandatory sentence is 15 years in prison. The assault charge has no minimum so probation would be possible if convicted on that charge. However just because you are charged doesn't mean you will be convicted, and there is often times a... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Sexual Harassment for South Carolina on
Q: what would the charges be if a 17 year old is raped by three college students? victim was intoxicated before the assault

marijuana was involved, but it was the victims.

Stephen Grooms
Stephen Grooms answered on Feb 24, 2020

In South Carolina age 17 is considered to be an adult in terms of engaging in sexual activity so her age alone will not result in a potential criminal charge, but if she was voluntarily intoxicated to the point of being "mentally defective, mentally incapacitated, or physically helpless"... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for South Carolina on
Q: I'm 1995, was convicted of murder in Union County, South Carolina.

Agree months ago, the victims family members wrote The Solicitors Office, The Clerk of Court, and The Department of Probation, Parole, And Pardon Services asking them to please release do to mercy /clemecy. Other members of The community also wrote The Department. No answer or response has been... Read more »

Stephen Grooms
Stephen Grooms answered on Feb 14, 2020

To be blunt, they do not have to answer the letters or open any investigation into a closed case for the reasons given. A judge and jury heard the case in 1995 and a decision was made. Reducing a sentence on the grounds that the interested parties now want mercy is not going to be possible without... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can I buy a firearm if I plead guilty to distribution of cocaine?
Stephen Grooms
Stephen Grooms answered on Feb 13, 2020

You can always buy a firearm if someone is willing to sell it to you. The question is will your possession of that firearm be an illegal act. Distribution of Cocaine is a felony in South Carolina, but you will not be restricted from owning a firearm under South Carolina law as this is not an... Read more »

1 Answer | Asked in Criminal Law and White Collar Crime for South Carolina on
Q: Should I go back up to the police station if they ask me too or do they plan to arrest me? He wouldn't say on the phone.

I got arrested on 1/9/2020 for forgery. For a returned check and trying to cash another check for work I've done.{it was freelance on a app and I can't get ahold of them.} I was given the check under the assumption it was good {I had an inkling but I didn't think this person would do... Read more »

Stephen Grooms
Stephen Grooms answered on Feb 10, 2020

I would recommend you consult with an attorney before you make a decision. If you talk to an experienced criminal defense attorney in your area he/she will be able to make contact with the officer to get the story before you put yourself at risk. You should also remember the police are legally... Read more »

2 Answers | Asked in Criminal Law for South Carolina on
Q: Is 16-03-600 (d)(1) an misdemeanor
Stephen Grooms
Stephen Grooms answered on Jan 28, 2020

Yes, it is a misdemeanor assault and battery charge that carries up to 3 years. This statute and charge is specific to South Carolina. One thing to keep in mind is that any charge that carries over 1 year, may be classified as a felony for federal purposes on your criminal record. (NCIC)

View More Answers

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.