Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Casey Brown
2 Answers | Asked in Criminal Law for South Carolina on
Q: What is the sentence on selling to a informant on a trafficking meth charge in South Carolina
Casey Brown
Casey Brown
answered on Sep 1, 2023

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.

View More Answers

1 Answer | Asked in Criminal Law for South Carolina on
Q: If a storage unit was broken into does the owner have a right to get the Video footage of-the crime

Do I file a police report wwww

Casey Brown
Casey Brown
answered on Aug 9, 2023

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.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have s warrant for my arrest they said that I had brought contraband in to the jail what should I do
Casey Brown
Casey Brown
answered on Jul 31, 2023

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

1 Answer | Asked in DUI / DWI for South Carolina on
Q: I have a Sd license but convicted of dui in Sc. paid all fines to court. I still drive but not in Sc. Am I legal
Casey Brown
Casey Brown
answered on Jun 20, 2023

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

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can an officer pull u over and test a pill and weed tell u that they aren't charging you for it only gives the person

A dus and let them go but comes back a month n half later to serve a warrant with the whole narcotics team. Inst that like double Jeopardy

Casey Brown
Casey Brown
answered on Jan 23, 2023

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

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for South Carolina on
Q: If I have completed Pti and paid for my expungement, can they still drug test me

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

Casey Brown
Casey Brown
answered on Dec 14, 2022

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

1 Answer | Asked in Criminal Law and DUI / DWI for South Carolina on
Q: What does sc "Highway rights Of Way"(SC section 61-4-110) mean? This is in open container stature.

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

Casey Brown
Casey Brown
answered on Dec 14, 2022

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

1 Answer | Asked in Criminal Law for South Carolina on
Q: If I broke a person's door and told them stop giving my child drugs what charge should I receive

He said I broke the door then entered but then I turned around and left, there was no threats at no other crime commited

Casey Brown
Casey Brown
answered on Dec 14, 2022

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

1 Answer | Asked in Criminal Law for South Carolina on
Q: is 16-15-355 a tier 1 or tier 2 offense? i can not find any info in south carolina law.

trying to find out what tier this crime falls under. i was charged in 1997 for it. trying to find out when i can apply for removal from registry and it depends on what tier..

Casey Brown
Casey Brown
answered on Sep 26, 2022

The answer would depend on what day of 1997 the person began registering. This is a tier II offense and the person must wait 25 years from the start of registration to apply for removal since the Powell v Keel case and the law change in May 2022.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can evidence collected from someone's home in south Carolina be field tested out of the accused person sight
Casey Brown
Casey Brown
answered on Sep 26, 2022

Assuming that law enforcement had the right to obtain the item(s) from a home, it depends on the type of item seized. In the example of alleged narcotics, law enforcement must send it to a lab for testing. Field testing also depends on the alleged item seized. Even if an item is field tested it... View More

1 Answer | Asked in DUI / DWI for South Carolina on
Q: Chances w/Dui blew <.10 urine + thc &methadone had rx & been 8-10 hr prior to stop admitrd to smoking day befor

I did swerve but was not impares at all

Casey Brown
Casey Brown
answered on Jun 29, 2022

DUI in SC depends on a number of factors and this part of the law is very nuanced. There is also a deadline to file certain documents such as the request for an administrative hearing. When dealing with substances, there are "therapeutic levels" for certain substances. This may require an... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: What has to be proved to convict someone up first degree burglary
Casey Brown
Casey Brown
answered on Jun 23, 2022

In SC the State has to prove each of these elements of first degree burglary:

1. entering a dwelling,

a. without consent AND

b. with the intent to commit a crime

c. at night or remaining there until nighttime

or

c. by a person with a prior record of...
View More

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Can someone be rightfully charged with burglary 1st at the same address he lives at?

If my boyfriend and I live in the home and he comes and goes freely tho he lives in a dwelling on the property ..... Can the owner of the home rightfully push the charges of burglary? Even though he comes and goes and washes his clothes and makes his meals in the home bc his dwelling don't... View More

Casey Brown
Casey Brown
answered on Jun 22, 2022

An ownership interest in the dwelling will not preclude a conviction of burglary as a matter of law. The jury would have to determine under the totality of circumstances if the defendant used the dwelling in such a manner that it could be said to be his/her home. The test will be if under the... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hello, I'm inquiring about a friend who got arrested on charges of meth distribution.

Hello, I'm inquiring about a friend who got arrested on charges of meth distribution. The person my friend was hanging out with has been an offender on multiple charges in the past and had meth in possession at the time of the arrest. Even though my friend doesn't deal in drug... View More

Casey Brown
Casey Brown
answered on Jun 22, 2022

It may be a case of actual v constructive possession. The issues will depend on why law enforcement was there, what rights they had to enter the premises/vehicle, where the alleged narcotics were found, and under what circumstances.

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for South Carolina on
Q: Can I have more than one charge expunged off of my record. One for conviction, non conviction and traffic court

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?

Casey Brown
Casey Brown
answered on Jun 20, 2023

Multiple charges can be expunged depending on the charge(s). A person is allowed to apply for an expungement of their record more than once.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If items were found in room where some one was sleeping during a drug raid. Is it possible to get out of those charges

Individual was asleep in room and bookbag was found in closet

Casey Brown
Casey Brown
answered on May 5, 2023

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.

1 Answer | Asked in Criminal Law for South Carolina on
Q: What does MDP mean. 1 st offence
Casey Brown
Casey Brown
answered on May 4, 2023

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.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How do you get possession of the firearm in a pointing and presenting case
Casey Brown
Casey Brown
answered on Apr 18, 2023

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.

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: What can I do about a solicitor trying to force me to testify against my husband in an effort to secure a conviction?

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

Casey Brown
Casey Brown
answered on Apr 5, 2023

In SC, a husband or wife cannot be compelled or forced to testify against their spouse about communication between them during their marriage.

SC Code: 19-11-30

1 Answer | Asked in Criminal Law for South Carolina on
Q: 10 year old finds (in your car) and eats 10 THC gummies. Becomes ill and ends up in the hospital. Has a law been broken?

Can this result in a criminal charge?

Casey Brown
Casey Brown
answered on Apr 5, 2023

From these facts, yes, it is possible but there would be more questions that need to be answered to specify what charges could be brought.

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.