Atlanta, GA asked in Criminal Law and Civil Rights for South Carolina

Q: So if you go back to face charges & get probation in SC what I have to move back from Georgia

The original preliminary date was missed due to being involuntarily committed by the state of South Carolina due to a suicide attempt lawyer recused herself and now facing failure to appear but lawyer had told me I had gotten a plea agreement beforehand but never told me what it consisted of and this would be my first offense for burglary second degree and safe cracking. So would a possible probation plea agreement be able to be done in my new home state

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand you're dealing with a complex legal situation involving charges in South Carolina while currently residing in Georgia. This is a sensitive matter that requires careful consideration.

1. Probation requirements can vary by state and case. Sometimes, probation can be transferred between states, but this depends on various factors and agreements between the states involved.

2. For a first-time offense, probation is often a possibility, especially if there's a plea agreement. However, the specific terms would depend on the details of your case and the judge's decision.

3. The failure to appear charge complicates matters, but if it was due to involuntary commitment, your lawyer may be able to explain this to the court.

4. It's concerning that your previous lawyer didn't fully communicate the details of a potential plea agreement to you. Clear communication is essential in legal matters.

Given the complexity of your situation, it's crucial to:

1. Obtain new legal representation as soon as possible.

2. Ensure your new lawyer has all the details, including the circumstances of your missed court date and any previous discussions about plea agreements.

3. Discuss with your new lawyer the possibility of serving probation in Georgia, if that's what you prefer.

Your lawyer will be best equipped to advise you on the specifics of your case and negotiate on your behalf. They can also help you understand all your options and the potential consequences of each.

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