Retaining an experience criminal defense attorney is a good way to make sure that your rights are upheld, the State has evidence to prove their case, and protect you as the matter proceeds through the legal system. DUI in SC is a nuanced law that has many different issues. The law has also changed... View More

The age of consent in SC is 16 years old. This does not apply if the "actor" is in a position of power with the other person such as a coach or teacher etc. Everyone has a specific facts that apply to them so it could be important to speak with an experienced criminal defense attorney to... View More

Has the case been resolved? If not and you feel that your Constitutional Rights have been violated, it is important to speak with an experienced defense attorney about your case. This could be an issue for you and your attorney to review. If the case has been resolved, you may need to speak with an... View More

You may call the victim's advocate with the solicitor's office or the solicitor themself and let them know what you are experiencing. There are many rights under the Victims Bill of Rights that you should have been informed of in this matter. Sometimes it can be helpful to retain an... View More

In the description above, you are the alleged victim of the crime and possibly a witness but since you did not bring the charges (the State did) you cannot drop the charges unilaterally. You can, however, tell the prosecutor that you do not want charges pursued in this matter but it is up to the... View More

The amount to cross the threshold into MDP depends on the type of drug that police allege. Different drugs have different amounts that can be used to enhance the charge(s). These charges must have a drug report which can reduce the charge if the lab results show a smaller amount. One should talk to... View More

If you pay the bond and dont go to court then they will have a tia (trial in absentia) and most likely find you guilty. They will keep the bond amount as the fine amount for consequences of finding you guilty. Then the charge will be on your record. I would talk to an attorney as the facts of the... View More

There are different levels or offenses (1st, 2nd, 3rd or subsequent) which carry different consequences that a driver will face if charged. The officer has more discretion the lower the offense so while it may not have been necessary to spend the night in jail it is at times left to officer... View More

Many times law enforcement charges everyone in the vehicle with possession of alleged narcotics and then works out the case later as to plea offers, trial, etc. If a passenger in the vehicle claims the substance as theirs then that is a very good fact for all others charged with the possession of... View More

The answer to your question depends on your record. If the expunged charges are the only thing on your record, then it is possible that your second amendment rights are restored unless you have pending charges that would prohibit you from possessing a firearm. The best advice would be to contact an... View More

According to the new law in the State of South Carolina, a person that is legally able to own a firearm does not have to have a permit to carry a firearm. There are still places that prohibit carrying a firearm on the premises and the workplace would need to provide notice that they do not allow a... View More

South Carolina has no statute of limitations for criminal offenses. The only exception to this is deals with charges in another state for the same person but this does not apply here. Therefore, the charges would not drop. The State would seek a bench warrant and the file would be placed on the... View More

There are many constitutional rights kept by the person who is on house arrest or probation but there are many given up. The details would be too many to go over in this post so it is important to consult an experienced attorney and review documentation the person received when entering a house... View More

It is possible to be sentenced to probation for a guilty plea to burglary 2nd degree. Many factors make a difference as to the probability of receiving this sentence though such as the facts of the case, if it is violent or nonviolent, and the person's record. It is important to consult an... View More

In SC, there is a two hour limit on breath tests. However, recent caselaw has created an exception in cases where the officer was required to perform other duties related to the incident and has provided an affidavit explaining what they had to do prior to taking the person to the breath testing... View More

The answer in South Carolina depends on which offense, 1st, 2nd, etc. a person is charged with as to the potential sentence they could receive. This number relates to prior convictions the same person has on their record for the charge.

If you believe that you were the victim of a crime, then calling the police and filing a report is a good way to start to handle it. Law enforcement has the ability to try to get the evidence to solve the crime. They will keep you informed of the updates in the case as they investigate.

Contacting an experienced attorney to reach out to law enforcement on your behalf is a good start. They may want to set a date to allow the warrant to be served, booked, and get a bond in the shortest amount of time. This can also be helpful in getting a great bond set. Then, handle the case and... View More

When an out-of-state driver is convicted of DUI in SC and their home state is a part of the interstate compact agreement (SD is a part of it), then SC DMV will notify the home state DMV. Typically, the home state DMV will require the driver to satisfy the SC requirements to reinstate their license.... View More

The first question is Did the officer have a right to stop the vehicle. Then, the issue is how did they find the alleged substances. They should not be tested these substances roadside. But it is possible to charge the person later with a warrant for arrest though problematic for the prosecution.... View More