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Questions Answered by Stephen Grooms
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...
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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

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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 »

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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)

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2 Answers | Asked in Criminal Law for South Carolina on
Q: Do I need a lawyer for a shoplifting case?

Its my first first offence and I have not been in trouble before I am worried of it staying on my record and possibly going to jail and losing my kids

Stephen Grooms
Stephen Grooms answered on Dec 12, 2019

If the charge is a misdemeanor shoplifting and you have no record you are likely eligible for Pre Trial Intervention. The program will cost around $325 but if you complete the program the charge will be dismissed and your record will be eligible for expungement. However just because you are... Read more »

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1 Answer | Asked in Criminal Law for South Carolina on
Q: is it against the law in south Carolina to egg someone's car?
Stephen Grooms
Stephen Grooms answered on Nov 20, 2019

It is against the law in South Carolina and likely every other state. In South Carolina it is called malicious injury to personal property and depending on the amount of damage caused it is either a misdemeanor or felony charge.

1 Answer | Asked in Criminal Law for South Carolina on
Q: i need a lawyer

im being chargeded for first degree sexual assult

Stephen Grooms
Stephen Grooms answered on Oct 2, 2019

Then you need to call a criminal defense attorney in your area to arrange a consult. While I do not know the allegations or potential facts, generally speaking I wouldn't talk about the case with anyone until you can retain or at least consult with an attorney to get some advice on how to proceed.

2 Answers | Asked in Criminal Law for South Carolina on
Q: I have a fraudulent check arrest record from over 20 years ago. How can I request that it be removed/expunged?

What documents are needed? Must they be filed in person? Is a lawyer required to assist in this process? The check was less than $50 and was paid for at the law enforcement agency when processed.

Stephen Grooms
Stephen Grooms answered on Sep 30, 2019

It depends on what the actual charge was, if you have had anything expunged in the past, what if any record you have from the three years after the conviction, etc. You can either contact the clerk of court and ask to speak to someone in expungements or call a local criminal defense attorney.... Read more »

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2 Answers | Asked in Criminal Law for South Carolina on
Q: I was recently charged with breach of trust with fraudulent intent. I have no idea what to do is I’ve never been through

I’ve never been in trouble if I’m found guilty what could happen

Stephen Grooms
Stephen Grooms answered on Sep 23, 2019

What the potential outcome might be largely depends on the facts of the case. Not having a record is a great thing, but that's only a small part of the puzzle that a Judge must consider if your were in fact found guilty.

I agree with the previous response in that you need to talk to...
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2 Answers | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Can my boyfriend be charged with trafficking if he was never in the house where the drugs were found.
Stephen Grooms
Stephen Grooms answered on Aug 20, 2019

Yes, as an element of trafficking is conspiracy. Meaning a person doesn't have to actually be in possession to be found guilty. He will need to talk to a defense attorney as every case is different.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: How long can someone sit in jail awaiting trial in sc
Stephen Grooms
Stephen Grooms answered on Aug 19, 2019

There is no set time, someone can sit for as long as the State takes to call the case to court. The only ways to speed up the process is for him/her to file a motion for a speedy trial or often times filing a motion for a bond reduction due to an unreasonably long pretrial incarceration can help... Read more »

2 Answers | Asked in Criminal Law for South Carolina on
Q: Hi. I'm researching through files in my brother discovery. And it's a witness statement that wasn't used at trial. I

I would like to know what remedies can I use? Note he's exhausted all appeals and through due diligence this testimony was found.Also this testimony will change the out come of his case

Stephen Grooms
Stephen Grooms answered on Jun 28, 2019

This is a very specific type of law, what you need is an experienced "Post Conviction Relief" attorney. If you can't find one in your area try contacting the South Carolina Bar at 803 799-7100.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: What makes a receiving stolen property charge a felony in South Carolina?My kid has hers marked $2000 or less but a felo

But listed as felony with actually listed items valued at $1050.00 and she was only in a .motel room belonging to friend who had the stuff in motel room when police came to arrest that so called friend on child neglect charges and found stolen property they charged my kid too because the friend... Read more »

Stephen Grooms
Stephen Grooms answered on Jun 18, 2019

If you have two or more prior property crime related convictions your third offense can be indicted or charged as a felony regardless of dollar value involved.

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