Get free answers to your legal questions from lawyers in your area.
I have a burglary charge first degree and it's been over a hundred twenty days and I've never had a preliminary hearing
answered on Jan 17, 2019
This is a question that needs to be answered by your attorney, it is possible that your charge has already been indicted and therefore the State doesn't have to provide you with a preliminary hearing.
They were going by what someone had told them And the person is a known drug user this is his first charge
answered on Nov 29, 2018
Your son is facing an incredibly serious charge, one that is considered a violent crime that carries a minimum of 10 years in prison. Depending on the facts of the case the victim's credibility may or may not be the determining factor in whether or not the State has enough evidence to win at... View More
My mother is 62. She's has quite a bit of medical problems. She also takes care of my 86yrs grandmother, who has dementia. She also has custody of my sisters children. She got a third offense shoplifting charge. Her public defender wants her to take a plea of 18 months. Is that the... View More
answered on Oct 30, 2018
A shoplifting 3rd offense is a 0-10 year felony. The State must prove the prior convictions are proper enhancement convictions. For example whether or not she had an attorney could mean the prior conviction can not be used to enhance this current charge. Even if the necessary prerequisites... View More
How is it two people can be charged with the charge of ABHAN, And one be violent and the other one be none violent, One went before a jury and came out to be none violent and the other plead guilty and his was rendered violent.
Adult male age 21 was charged with assault & battery, grand larceny & resisting arrest with all charges as misdemeanors. Since he has no priors, when he goes to court in 2 weeks will the judge possibly let him go? No jail time just fines or whatever else?
answered on Oct 10, 2018
If he pleads guilty or is found guilty by a Judge or Jury on the charges described then he certainly could be sentenced to active prison time. For example Grand Larceny is a 0-5 year felony charge. Whether or not he is sentenced to prison time will depend on the facts, his past record, and... View More
Are they looking at a lot of time? This is all the info I have at the moment
16-11-0313 ~ 427 ~ Burglary / Burglary (After June 20, 1985) - Third degree - 1st offense 497 $20,000.00
16-11-0313 ~ 427 ~ Burglary / Burglary (After June 20, 1985) - Third degree - 1st offense 497... View More
answered on Sep 28, 2018
The charge of Burglary 3rd carries 5 years non violent time. However the last line here says charge was remanded to magistrate court, so it sounds like they may have plea bargained down to a misdemeanor.
I was arrested on 09/03/2014 for a simple assault. (Which I plead guilty to.) This is the the only thing on my record. I am currently trying to get employed at a local plant, but they won’t hire me with this on my record. Anything I can do? I am now 22 years of age.
answered on Aug 29, 2018
Assuming your conviction was for a simple assault and battery in the state of South Carolina, you are eligible to have the conviction expunged if you meet the requirements. You would need to contact the local clerk or court where you were convicted to get started. If they do not help you, you can... View More
A while ago, my friend had a very rough part of his life he is still ashamed of today. He apparently talked to someone about distributing drugs, but never followed up with it or went through with it with this particular individual. He had sold drugs before, but he straightened up his act. This... View More
answered on Aug 8, 2018
Tell your friend that talking about selling drugs isn't a crime. You have to take some step towards selling in order to charge conspiracy. And while there is no statute of limitations in South Carolina for past felony acts, the likelihood that a person is charged years later for selling drugs,... View More
I was involved in a motorcycle accident when a women pulled out of her driveway in front of me. I was airlifted to the hospital and nearly died. The SC state trooper found me at fault based on him suspecting me of being under the influence of alcohol. I had not consumed any alcohol and the only... View More
answered on Aug 1, 2018
While you can be prosecuted for DUI based on marijuana alone, it is very tough to prove that the amount of THC in a person's system had an impact on them at the time of the accident. I would advise you to speak to a criminal defense attorney before court. You have options, and a consult with... View More
I was working on a vehicle replacing the brakes and upon completion an officer pulls into my driveway and tells me the tag of the car I was working on was suspended and asked for my licence. In working on the car I only crank the car and put it into gear to see if the brakes would hold once I was... View More
answered on Jul 26, 2018
The question is whether or not your conduct was "operating a motor vehicle" under 56-1-1020, 1100. While private property vs public roads is addressed in Habitual Offender related injury charges (56-1-1105) it isn't so clear under the general statute. However it does set a nice... View More
answered on Jul 26, 2018
Assuming you are innocent you need to talk to a criminal defense attorney in your area, many will provide a free consultation. If you are guilty and the State has the evidence to prove your guilt there are still many avenues to avoid jail time, once again you need to schedule a consult with a local... View More
answered on Jun 18, 2018
It doesn't matter if you have a key, the question is whether or not you had permission to enter and for what purpose. There are several different reasons this is a burglary 2nd as opposed to a burglary 3rd or burglary 1st. You should contact an attorney to discuss your case.
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.