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South Carolina Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Civil Rights, Domestic Violence and Sexual Harassment for South Carolina on
Q: I have a online stalker saying they're going to meet me, I've told them no many times. What should I do?

Three years ago I had a online friendship with a 23 year old, I had to stop the friendship because he would say weird comments. Now in 2022, he is saying he will come to my address, I've told him no many times at this point and he says he'll still come. I do believe he has harmful... Read more »

0 Answers | Asked in Criminal Law for South Carolina on
Q: What should I do if I have a warrant for failure to appear on child cruelty in sc?

On 3/3/20 I was charged in Lyman South Carolina with cruelty to children. I was able to sign a pr bond On 3/4/20. Both my ticket and my bond paperwork say I am supposed to appear in court on 3/2/20 which would have been the day before the alleged crime happened. Clearly they made a mistake. Courts... Read more »

0 Answers | Asked in Criminal Law, Juvenile Law and Legal Malpractice for South Carolina on
Q: If my charge was dropped from first degree burglary to second degree burglary why is the first degree burglary still on

I was a kid and believe i was railroaded because im black and didnt know any better....

Someone pls help me with this

1 Answer | Asked in Criminal Law, Antitrust and Civil Rights for South Carolina on
Q: Is it against the law for a officer who wasn't at the incident on scene to write a false statement as if he was there?

The officer who wrote the incident report in my case wrote it out like he was there the whole time, which isn't true.

Also the inital thing I was being pulled over for was damage to personal property. i was charged with traffecking meth, possession of weed and ecstacy. Although I... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 17, 2022

Officer cannot write false statements. On the other hand this is personal to you and I would suggest that you have someone else, perhaps a lawyer you might hire, review the reports and see if his review reaches a conclusion which is the same as yours.

0 Answers | Asked in Criminal Law for South Carolina on
Q: Can I be placed on Community supervision and probation

I was sentenced to 10 years and a consecutive 20 years suspended to 5 years probation. I served 8.5 of the 10. Completed 1.5 of community supervision with all fees paid but was told that I owe over $2000 and wont get off of papers until the end of 2023

0 Answers | Asked in Criminal Law and Civil Rights for South Carolina on
Q: my name is frankie pierce when i was 17 years old i was convicted of rape on my exgirlfriend i did not rape

her i did 18 consecutive years in prison with parole i transfered my parole to south carolina i’ve been on parole for 3 years and i recent have been dating a woman for almost a year my probation officer is telling me i can’t be around my girlfriends children. how is that legal ? my charge was... Read more »

0 Answers | Asked in Criminal Law for South Carolina on
Q: I violated house arrest and didn't turn myself in now I have court tomorrow no attorney should I turn myself in tonight

Should I turn myself in efor I go to court in the morning for the violation or go to court even tho I have a warant I was put on hip as condition of my bond

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for South Carolina on
Q: I've been trying to get through the accusations of taking a firearm or stealing from a member of the family....

At the time of question I was at my father's residence for a period of maybe 4-6 days continuously due to personal relationship issues and differences. My dad's cousin came over daily and intoxicated heavily. He left residence and later on accused me of stealing his gun after he had left... Read more »

Roy Willey
Roy Willey answered on Jan 1, 2022

It is unclear what type of help you are looking for here based on the topics selected. However, one option that you might consider is filing a police report if you are being followed, harassed, or repeatedly contacted after asking for it to stop. No one should have their mental health damaged... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: in south Carolina in 2011 plead guilty to a 44-53-0420 CDR code 0027. i was thinking in 2011 this was a misdemeanor ?

years ago i asked a lawyer and he also told me it was a misdemeanor. can you verifly in 2011 did i plead guilty to a misdemeanor or a felony >

Ryan D Templeton
Ryan D Templeton answered on Dec 11, 2021

In order to answer this question I would need more information. That particular code section has two different sections. Under the (A) section, depending on the underlying charge that you were convicted of conspiring to commit that could be a felony but the penalty would be one half of the... Read more »

1 Answer | Asked in Family Law, Criminal Law and Child Custody for South Carolina on
Q: What is the best type of attorney for a DSS/CPS case? Family law seems too broad...

I need an affordable attorney that has experience dealing with and winning cases with DSS involvement. I need to know exactly what my rights and options are.

Megan Hunt Dell
Megan Hunt Dell answered on Dec 2, 2021

You can ask any attorney you consult with about how much experience they have defending DSS cases.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Municipal Law for South Carolina on
Q: Is there a statue of limitations for simple possession in SC?

The cops came to my house on Wed. 11-17 with a search warrant looking to find a large amount of marijuana. They found a roach. My girlfriend said it was hers so they gave her a ticket for simple possession. They then told me I had to go to the police department Mon. 11-21 because they wanted to... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Nov 21, 2021

Is there a statue of limitations for simple possession in SC?

No. There are no statutes of limitations on criminal offenses in South Carolina.

Can they really come back to the house and arrest me?

Yes. In South Carolina we have two types of possession, constructive and...
Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Second offense Pwid less than 3 grams ...what is the sentence in South carolina???
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Nov 15, 2021

3 Grams of....

What?

In South Carolina, Drug Crimes are specific to the substance. Without this information we cannot give you an accurate sentencing range.

1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: Why am I receiving a court summons for a ticket I've already paid?

I got a ticket in June 2021 for driving "10mph or less", paid the fine, but am now receiving a court summons for Dec 2021 for this same offense. I don't understand the timing, nor the reasoning for such an escalation in action. Since the incident, I have taken a defensive driving... Read more »

Stephen Grooms
Stephen Grooms answered on Nov 15, 2021

If you received a ticket and paid the fine then generally you are not required to attend Court. When you pay the requested fine then you are essentially pleading guilty to the offense. I would contact the Clerk of Court for the court in which you received the notice and find out the status of your... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: I placed my guns, 5 of them, in my brother's safe for a bit while I was moving. Now he refuses to give them back.

What are my legal options? I do not have serials numbers, but can get affidavits that they are mine, and I had owned them for about 20 years

Ryan D Templeton
Ryan D Templeton answered on Oct 30, 2021

The best avenue to get your guns back is going to be a claim and delivery action in magistrate court (assuming the value is under $7,500.00).

1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: Should this still be on my record as a misdemeanor?

I went to apply for an apartment recently and was denied due to a misdemeanor on my background check. This came as a shock to me. They informed me that it was "carless operation," and then I remembered. In the beginning of 2018 I accidentally ran a red light in a town that I had never... Read more »

Stephen Grooms
Stephen Grooms answered on Oct 18, 2021

When you pay a fine that is essentially pleading no contest, which has the same result as a guilty plea for purposes of your driving and criminal record. So unfortunately the answer is yes, this traffic citation should have been on your driving record.

The expungement process generally...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: So I missed my court date for Criminal domestic violence 3rd degree? Is it possible I was tried in my absence?

Is it possible I was found not guilty or nolle prosse. There is an update online that says application for destruction of arrest records

Peter David Brown
Peter David Brown answered on Sep 2, 2021

Yes, you can be convicted in your absence.

The prosecution only needs to present the victim to the court.

If the victim testifies to the elements necessary to convict you of the offense, you could be convicted.

You would then have only a very limited time to appeal that conviction.

2 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for South Carolina on
Q: When a person "gets in my face" because of road rage, could that be prosecuted as assault or attempted murder,
Peter N. Munsing
Peter N. Munsing answered on Jul 27, 2021

The likely charges would depend on what they did, and those are up to the police & the DA. Possible charges would be disorderly conduct, threatening, others.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: Is it legal to charge an overdose victim w drug poss if the evidence was found as a result of needing med. Help
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 25, 2021

Hello,

Yes. If police respond with EMS and discover illicit narcotics or illegal drugs on the person who is receiving emergency medical assistance, or if police are the first responder prior to EMS and discover an individual needing help with evidence of illicit narcotics or illegal drugs,...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Did a law pass or change where a person can get credit for being on house arrest prior to trial and sentencing?

Can the time on house arrest be credited to their sentencing time?

Stephen Grooms
Stephen Grooms answered on Jul 14, 2021

Universal Citation: SC Code § 24-13-40 (2015)

The computation of the time served by prisoners under sentences imposed by the courts of this State must be calculated from the date of the imposition of the sentence. However, when (a) a prisoner shall have given notice of intention to appeal,...
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