I was recently arrested in SC for malicious damage to property valued under 2,000 after breaking a plate. It was a first time charge, I’ve never, ever been in trouble. Unfortunately; I absolutely cannot afford a lawyer right now as i’m also paying for a divorce lawyer. The incident occurred... View More 
answered on Apr 7, 2023
In South Carolina you have to wait 3 years from the date of a misdemeanor conviction before being eligible to apply for an expungement. Your must also have no additional convictions during that three year period while you wait.
You may want to consider asking the court if you could apply... View More
answered on Nov 16, 2022
Yes, there is no statute of limitations on when an officer can charge a DUI. Generally these types of cases are when an accident has occurred and the defendant is unable to be detained due to medical care.
answered on Aug 2, 2023
I would recommend starting with the "clerk of court" over the court where you were charged.
The incident took place in 2009 and the conviction was in 2012.
answered on Apr 3, 2023
Assault and Battery, 2nd carries up to 3 years in prison. So even thought it is categorized as a misdemeanor in South Carolina the charge is not eligible for expungement.
"Have you ever been convicted, pled guilty or pled nolo contendere to a felony of any kind or to a non-felony crime involving drugs or moral turpitude?"
I was charged with a misdemeanor for shoplifting. I completed PTI and was never convicted and never plead guilty. I then had the charge expunged.
answered on Jul 21, 2022
The answer to your question is "yes". You can state that you have never been convicted, assuming this is your only criminal court case. PTI is not a conviction, it is a diversion program that allows you to resolve your charge without going to court and entering a plea.
Best of luck
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... View More
answered on May 3, 2022
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... View More
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... View More
answered on Nov 15, 2021
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... View More
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... View More
answered on Oct 18, 2021
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... View More
Can the time on house arrest be credited to their sentencing time?
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,... View More
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.... View More
Have court tomorrow my ticket is 1000$
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... View More
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.
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... View More
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
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.
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... View More
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.
Was charged with bring in contraband I don't want go to prison what do I do
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.
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... View More
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... View More
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... View More
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.... View More
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... View More
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