Myrtle Beach, SC asked in Criminal Law for South Carolina

Q: I was represented by an Attorney in 1988 on a misdemeanor charge ( SC statute 16-17-430, Illegal use of a telephone )

I plead guilty. It has a max. sentence of 30 days in jail. Judge Franks Epps sentenced me to 10 yrs. reduced to 5 yrs. probation. I was illegally sentenced with my Attorney standing next to me. I was never in trouble before this nor have I been after that day. I tried to buy a firearm last mon. and was denied bc of a failed background check. I went to Anderson county and got copies of the sentencing docs. and sent them to the Attorney that I hired at the time ( he's still practicing in G'ville,SC ).My Constitutional right have been illegally take from me bc of a minor misdemeanor and he won't call me back and wants nothing to do with it. He's known about this problem for over 3wks. and I've only talked to him 2 times and called him 10 times. I.know I can get a Pardon but since this is such a blatant misjustice by the Judge and my Attorney can you tell me what is in place to help me with this. This is wrong on so many levels...thank you for any advice, it's appreciated!

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1 Lawyer Answer
James Thomas
James Thomas
  • Criminal Law Lawyer
  • Spartanburg, SC
  • Licensed in South Carolina

A: You might want to consider retaining a new attorney to look into this. Your previous attorney might have a conflict in representing you if fixing this problem essentially forces him to admit he screwed up. I don't have enough information to say whether or not that is the case, but you should probably call around to some other attorneys, with all of your documents handy, to see if there are other options short of a full pardon that you might be able to take advantage of.

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