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Questions Answered by Casey Brown
1 Answer | Asked in Criminal Law for South Carolina on
Q: If I went to Mexico for how ever long I need would the statues of limitations allow all my charges to be dropped

I live in South Carolina and my charges are trafficking 3rd offense

Casey Brown
Casey Brown
answered on Feb 12, 2024

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

1 Answer | Asked in Constitutional Law and Criminal Law for South Carolina on
Q: Are any constitutional rights retained while under house arrest and/or probation?

Is so, which ones and to what extent?

Casey Brown
Casey Brown
answered on Feb 9, 2024

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

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can a person get probation for 2nd degree burglary in S.C with 2 petti larceny charges with the burglary charges
Casey Brown
Casey Brown
answered on Feb 9, 2024

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

2 Answers | Asked in DUI / DWI for South Carolina on
Q: can breath results not be admissible if longer than 2 hours
Casey Brown
Casey Brown
answered on Sep 27, 2023

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

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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.

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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, Family Law and Domestic Violence for South Carolina on
Q: Hello, ok so court is 2/16/24 madison county ky but i have a pending dv case in sc. can i use one attorney in 2 states
Casey Brown
Casey Brown
answered on Feb 18, 2024

One attorney can represent a client in two different states as long as the lawyer is licensed or admitted to the Bar in both states.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can you fight a "bondsman off bond" charge?
Casey Brown
Casey Brown
answered on Oct 7, 2023

Yes, you should have the opportunity to be heard on the matter after receiving proper notice. An experienced criminal defense attorney should be able to help with this hearing.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for South Carolina on
Q: I didn't get my preliminary hearing. Can anything be done?

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?

Casey Brown
Casey Brown
answered on Oct 3, 2023

Was there an indictment of the charge before the preliminary hearing court date? If a person is indicted for the charge prior to the preliminary hearing then the hearing for that charge is removed.

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

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