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
I am currently waiting for the completion of my expungement letter to come in but I also have an over the phone appointment with my Pti counselor, so I was wondering if she could ask for a drug test to interfere with anything because I have already taken a delta dummy from the Vape shop and will... View More
The typical process is that you complete PTI, then they send a letter to your prosecutor who then dismisses the case. Then you can apply (with a fee) for an expungement of the arrest from your record. Once PTI is completed you should not have any appointments. If PTI has not been completed they can...View More
I was not pulled over by officer or on a highway of any type. I had an empty container in my car in the trash bag in car . I was cited with violation of open container statue. I had pulled off highway to turn into a motel for night, as I was moving. It was one am and I was extremely tired. My car... View More
SC Highway Right of Way is the side of the road that is next to the highway. The distance from the highway, other structures or nature, as well as whether that location is within a municipality would determine if a vehicle is within the right of way of the highway. You may want to consult an...View More
It would depend on more facts and circumstances from the alleged incident, but a person could be facing a range of charges from malicious damage to personal property up to potentially a burglary. Again, it would depend on the facts of case. Speaking to an attorney as soon as possible would be...View More
I met all requirements, (signed up in time, had a lawyer, etc.) My charge should have been dropped at prelims, the weights didn't match. It was 77 grams on the warrant and 56.2 grams at court. It's 2 years later. Can I do anything about it?
I was convicted of cdv first offense in 2012. In 2022 I was arrested but not convicted of a felony. I went trough pti and had it expunged. In between that time I had a traffic court charge removed. Can I have multiple charges expunged off of my record?
Many Possession charges deal with the person having dominion and control over the area the items were found. A criminal defense attorney will be able to look at a specific situation for these issues and assist someone who has been charged.
MDP means Manufacture, Distribution, Possession. This is typically related to the amount or weight of alleged narcotics. The first offense means that the person charged has not been convicted of this offense or an offense that can be enhanced in the past.
If your question is how to get the gun back in a pointing and presenting case, then the case will need to be resolved in the defendant's favor and the defendant will need to go to the agency that has the gun to request it or the owner of the gun will need to request it with proof of ownership.
He literally says this in a court motion. He has withheld evidence for nearly a year and is continuing to pursue charged that stem from illegally obtained evidence and an invalid search warrant. I have tried contacting the ODC but they say they can't do anything because charges are still... View More
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