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Questions Answered by Casey Brown
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... Read 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...
Read 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... Read 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... Read 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... Read 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.

3 Answers | Asked in Criminal Law for South Carolina on
Q: Is there a statue of limitations on financial identity theft in SC?
Casey Brown
Casey Brown
answered on Jun 22, 2022

The only Statute of Limitations in SC criminal law is if the defendant is incarcerated in another state and has been served with a warrant for SC.

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