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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 
I did swerve but was not impares at all
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
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
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
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
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
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.
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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