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Questions Answered by Jonathan Edmond Bennett Lewis
1 Answer | Asked in Criminal Law for South Carolina on
Q: Is it legal to charge an overdose victim w drug poss if the evidence was found as a result of needing med. Help
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 25, 2021

Hello,

Yes. If police respond with EMS and discover illicit narcotics or illegal drugs on the person who is receiving emergency medical assistance, or if police are the first responder prior to EMS and discover an individual needing help with evidence of illicit narcotics or illegal drugs,...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: If served 18 months and got 6months time served with good time and work time credit when will release be
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 11, 2021

Hello.

Unfortunately, we aren’t able to do anything but estimate your release date with the information you provided. Without knowing your actual conviction offense, so that we know whether or not the offense is a 65% or 85% time served offense, we cannot give you an accurate amount of...
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1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Am I required to report information I have discovered that could affect the outcome of a federal criminal case

Suspect is indicted already & is my husband.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 4, 2021

No, you are under no obligation to testify or inform the government of information in your possession unless you are under subpoena.

Even then, you cannot be forced by subpoena or the court to testify against your spouse, if you are legally married, as you and he have “spousal...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Which offense is a lesser included offense to 16-3-29? And is it's lesser included offense violent or non-violent?

I was sentenced to 8 years non violent from a 16-3-29 due to the judge stating he was "dropping it" to non-violent aggravated assault....I don't know if this is consistent with the law

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 1, 2021

Hello,

In South Carolina, SC Code Ann. 16-3-29 is Attempted Murder, a violent felony. The lesser included offenses of Attempted Murder are:

Assault and Battery of a High and Aggravated nature, a violent felony, S.C. Code Ann. 16-3-600B)(1);

Assault and Battery in the First...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: I have someone on the Gay Dating app Grindr who is threatening to expose me with pictures and text unless I pay them

$500, which was increased to $1000 when I said I couldn’t. They apparently followed me yesterday and saw the apt I live in. Now they are threatening to expose me to my family.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jun 20, 2021

Hello. We are terribly sorry to hear about this. No one should be afraid of such exposure by such types of people, merely for being who they are. This is repugnant and despicable.

You have several causes of action both criminal and civil.

South Carolina has no Revenge Porn Laws; the...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Can my armed robbery be reduced to strong armed robbery
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jun 6, 2021

Hello,

Yes, the State could reduce armed robbery to strong armed robbery. However, this is usually done as a condition of plea negotiations. We recommend that you speak with this possibility to your attorney.

We hope that this helps you, and wish you the best in your matter.

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Criminal Law for South Carolina on
Q: A convicted felon have a saw off shotgun and kill a man with the saw off shotgun what are the state charges
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on May 30, 2021

Hello,

The likely charges are as follows:

Murder;

Possession of a Weapon during the Commission of a Violent Crime.

1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: How come none of the attorneys answer any questions? This is ridiculous!
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on May 11, 2021

Well, South Carolina lawyers are unlikely to answer the questions of a Sanford, Florida questioner because we are not bar licensed in Florida.

We wish you well with your Florida legal matter.

1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: If the judge asks, do I tell them that me and the defendant have had contact even if it’s court ordered not to?

Me and my boyfriend got into an argument, and he grabbed me and I bet him to get him off of me. And he had 2 bite marks on him. He called the cops and I spent the night in jail for third degree CDV. One of the court orders was to not have contact with him until the court date. But we have had... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Apr 8, 2021

Hello,

Yes; if the Court asks you a direct question, you must answer the Court truthfully. If the Court discovers that you are lying to it and the presiding judge, you can be held in Contempt of Court, which under South Carolina Law means you can be jailed or fined in an amount determined...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: During a traffic stop if any drugs are found do they have to let me see and test in my presents
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Mar 23, 2021

Hello,

No. During a traffic stop, if suspected narcotics are found, you have no right to have the drugs tested in your presence.

The type of test you are talking about is called a NIK Drug Test, in which a sample of the drug is placed in a bag with chemical reagents that react with...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Can drug trafficking be expunged
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Mar 10, 2021

Hello,

Trafficking is not eligible for expungement in South Carolina.

The only recourse you would have at this time is to petition for a pardon through SCPPP, and if it were approved and the Governor granted a pardon, then the charges could be expunged.

2 Answers | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Hello I am charged with DV2nd and I have a criminal record felony and around 2000 I was charged with CDV

My wife was also charged with DV2nd and she has got a plea deal in the mail my solicitor wont even tall to me we both my wife and I signed a document stating we wanted to drop the charges but my solicitor want even talk to me I am worried I really sont have the money for a attorney

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Feb 28, 2021

DV is a serious charge that carries serious collateral consequences, from mandatory DV Classes to being permanently barred from gun ownership due to Federal Law.

You need to speak to an attorney, and you need to retain one. Most firms now offer payment plans for clients in your situation,...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Hello. At the age of 7 or 8 I put my breast in a little boy’s mouth. I was not aware it was wrong at the time.

I think i saw someone breast feeding and I tried to do the same. I believe he was about 3 or 4. Can I face legal trouble? I was simply a child and didn’t know.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Feb 3, 2021

Hello,

No. You were too young to appreciate right from wrong, and children at that age are generally not prosecutable.

There are two components to a crime: a wrongful act, and a wrongful desire to complete the act. The State must prove both. With minors, there is an additional...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: My husband was sentenced to 7 years for 2 counts Trafficking 10-28g Meth 1st offense. Will he be eligible for parole??
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jan 25, 2021

Hello, thank you for the chance to answer your question.

Trafficking is a violent crime under SC Law. Under our sentencing scheme, your husband is eligible for parole after he serves 85% of his sentence. Based upon what you have stated here, he would be eligible for parole after 5 years...
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1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for South Carolina on
Q: My mom owns her house and wants her boyfriend to move out because he has been drugging/stealing from her.

How do we go about this legally and without him hurting her? She's scared when she tells him to leave that he's going to get angry and try to hurt her. The last time she called the police on him, he told the police they were married and made it seem like she had mental issues, which she... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jan 25, 2021

Hello.

We are sorry to hear about these problems that your mother is having. No one should ever feel unsafe in their home.

The first thing that you should do is go down to your County Family Court, and speak to the Clerk of Court there. Tell them that you need an emergency...
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2 Answers | Asked in Criminal Law for South Carolina on
Q: How long can they hold you without serving you a warrant?

My boyfriend was arrested 3 days ago. He was arrested at a traffic stop for a bench warrant he had for a prior drug possession charge that he skipped court for a year ago. Every time I call to see if he will be up for bail hearing they say he is still on hold. They said the arresting officer has... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Nov 5, 2020

Hello.

A bench warrant is not like a regular warrant. Your boyfriend will be held until he is brought before a judge, and the judge vacates (removes) the bench warrant. In order for the court to do that, and to assure that the court is going to want to know that your boyfriend has been...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Hi I was charged back in 2018 with unlawful child neglect. I was sentenced to 9 months of probation.

My probation ends 10-13-2020. All fees and court cost have been paid. I wanted to inquire about expungement or having my record sealed. Is it possible and if so what are the steps I need to take

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Oct 11, 2020

Hello,

This offense is not eligible for expungement. Unlawful Neglect of a Child under the South Carolina’s Children’s Code is an offense that can result in a prison term of up to 10 years and/or fines decided at the court’s discretion.

For a conviction to be eligible for...
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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Litigation for South Carolina on
Q: A person i was staying with has stolen 9 of my exotic birds. police wont help say it is civil. civil court is back loged

she is deliberating hidding them, i am afraid i will never see them again. please help

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Oct 11, 2020

How did the woman come to obtain the birds?

Without knowing this, specifically whether you entrusted her with the birds and she refused to return them, whether she broke in to somewhere and took them without your permission or knowledge, etc., it’s impossible to examine whether there is a...
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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

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Aug 21, 2020

Hello,

I cannot tell from your question, but were you under arrest at the time you were taken into the detention center?

If so, that doesn’t meet South Carolina’s Furnishing or possessing contraband in county, municipal, or multijurisdictional jail statute. It would most likely...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: My friend was recently pulled over, and drugs were found on him. Is it my right to ask to see the video of the traffstop
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 31, 2020

It depends.

Is it your right to be provided the video as part of the case? No. Discovery of all evidence the State has in its possession is the right of the Defendant and his counselor/attorney.

Is it your right under the Freedom of Information Act? Maybe, but probably not. Active...
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