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