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Questions Answered by Casey Brown
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.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for South Carolina on
Q: Hi, what would be the most common reason for this? I never resisted or assaulted anyone, I'm completely unknowledgable

I don't understand why I would be served this?

Casey Brown
Casey Brown
answered on Jan 23, 2023

More information is needed to answer your question. What were you served with, an arrest warrant, a subpoena, a civil lawsuit for damages?

1 Answer | Asked in Criminal Law for South Carolina on
Q: If someone said that he will handle things in the worst possible way is that considered a crime in Horry County, SC
Casey Brown
Casey Brown
answered on Jan 6, 2023

The answer would depend on the specific facts and circumstances surrounding what was said. I would say more information is needed to answer the question.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I received a ticket for illegal window tint on my front windshield in South Carolina. Should I hire a lawyer?

I have taken the tint off. Will they dismiss the case? Should I hire a lawyer or just show up?

Casey Brown
Casey Brown
answered on Jan 6, 2023

Retaining a lawyer can ensure that your rights are protected, the State has enough evidence to proceed with your case, and that the law has been followed. South Carolina does have specific percentages of window tint that are legal.

1 Answer | Asked in DUI / DWI and Traffic Tickets for South Carolina on
Q: Does this apply to me.

I am a 20yo male I got pulled over and charged with 63-19-2450, I also attend college.

Casey Brown
Casey Brown
answered on Jan 6, 2023

A small exception does exist in the statute you cited so the answer would depend on the specific facts and circumstances. I would advise you to have an attorney guide you through the legal process to protect your rights and resolve the matter.

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.

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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