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South Carolina Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Family Law and Domestic Violence for South Carolina on
Q: My girlfriend lied and said I hit her she had a friend who witness her side know I have outstanding warrants

We had sex the night before she got mad bc another girl called my phone so she stares with me and lied on me to police what do I do

0 Answers | Asked in Criminal Law for South Carolina on
Q: What are the chances of a new trial based on newly discovered evidence involving recantation of a star codefendant?

My nephew was convicted back in 2015 for murder. He just recently exhausted his appeal process. Approximately 4 months ago his attorney received a letter from his co-defendant (star witness due to no physical evidence) stating he lied at trial and the police coerced him into sticking to my nephew... View More

0 Answers | Asked in Consumer Law, Contracts and Criminal Law for South Carolina on
Q: Scammed by Roofing Company

On August 25, 2024, I paid my roofing contractor Kim Florian, who was employed by Orange Elephant Roofing for a replacing the roof on my house and on my shed. My insurance company was going to pay for the roof replacement but I was required to pay half down. I gave my contractor a check in the... View More

0 Answers | Asked in Criminal Law for South Carolina on
Q: Do y'all work on cases for wrongfully accuse victims that's in jail currently serving time an has served over 30 plusyrs

For a crime they didn't commit an they have full proof an truth of all evidence they just need to get information in the right person hands an speak with lawyer pro bono because he has no money but he do have all incriminating evidence of everything and every person involved with his... View More

0 Answers | Asked in Criminal Law for South Carolina on
Q: Can I carry a sap / use in self defense in SC?
0 Answers | Asked in Civil Litigation and Criminal Law for South Carolina on
Q: My friend who is locked up give me instructions to sell his stuff to get him out and someon stole the money what do I do

It was recorded on the jail phone him giving me the combination to his safe were all his tittles were kept. After he told me too sell it all and after I sold alot of it I was robbed of the money. He then gets out and is making threats to put me in jail. Do I have to worry about this?

1 Answer | Asked in Criminal Law and Tax Law for South Carolina on
Q: 401k hardship withdrawal

I am looking to do a hardship withdrawal from my 401k. I am unsure how much i need. The IRS page states "qualified disaster distributions are permitted without regard to your need or the actual amount of your economic loss." Could I face legal action if I take out more than I need for repairs

James L. Arrasmith
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answered on Oct 9, 2024

When considering a 401(k) hardship withdrawal, it’s important to understand the specific requirements and guidelines set by the IRS. Qualified disaster distributions allow you to access funds without strictly needing to match your exact economic loss. This flexibility is designed to help you... View More

1 Answer | Asked in Criminal Law and Juvenile Law for South Carolina on
Q: My daughter is 17 and she will be getting charged with unlawful position of a firearm. Never any trouble with the law

What should I do first? She gave a firearm to a 14 year old boy and he fired it in the air. She took the gun without my knowledge from my truck console. The said she will be getting charged now. What do I do?

Casey Brown
Casey Brown
answered on Sep 30, 2024

An experienced criminal defense attorney should be able to help resolve the matter while keeping her rights intact. There may be defenses and mitigation unknown to the solicitor and law enforcement that would be very helpful for her case.

1 Answer | Asked in Criminal Law and Juvenile Law for South Carolina on
Q: Can I legally date my 17 year old partner once I turn 18 in South Carolina?
Casey Brown
Casey Brown
answered on Sep 6, 2024

The age of consent in SC is 16 years old. This does not apply if the "actor" is in a position of power with the other person such as a coach or teacher etc. Everyone has a specific facts that apply to them so it could be important to speak with an experienced criminal defense attorney to... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hi, I am trying to find out if the men that killed my boyfriend in 1997 are still in prison or not.

State vs. Dickman

341 S.C. 293 (2000)

534 S.E.2d 268

Ryan D Templeton
Ryan D Templeton
answered on Aug 30, 2024

Yes, according to the SCDC website he (Dickman) is still incarcerated with a projected release date of October 14, 2027.

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: If i had a warrant for a crime i didnt commit and have not been convicted but was arrested and bonded out can I sue?

I am being charged for possession of a stolen fire arm but I didnt commit the crime and have proof I was wrongfully accused.

James L. Arrasmith
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answered on Aug 31, 2024

You may have grounds to sue, but it depends on several factors. First, you must focus on proving your innocence in the criminal case. The most important thing is to gather and present your evidence to show that you were wrongfully accused.

If the charges are dropped or you are acquitted,...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Should I ask for a meeting with the Solicitor to make sure she realizes that my ex has a pattern of abusive behavior?

My ex is on probation and violated the restraining order. If found guilty he could have to serve his sentence. He has violated the order of Protection multiple times and quite a few of those violations have never been addressed. Should I ask to meet with the Solicitor and share this info with... View More

Casey Brown
Casey Brown
answered on Aug 29, 2024

You may call the victim's advocate with the solicitor's office or the solicitor themself and let them know what you are experiencing. There are many rights under the Victims Bill of Rights that you should have been informed of in this matter. Sometimes it can be helpful to retain an... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

In South Carolina, if you refuse to allow an officer to search your vehicle, that alone does not give the officer a reason to claim you're under the influence. However, officers may use other observations, like the smell of alcohol, slurred speech, or erratic behavior, to justify their... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

When you refuse to allow an officer to search your vehicle, it’s important to know that this alone does not give them probable cause to accuse you of being under the influence. However, if the officer genuinely believes you are impaired based on their observations—like your behavior,... View More

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: Are my rights to sufficient council being violated when my public defender abruptly switches to the prosecutors office

Then for multiple reasons my next public defender I asked him to file for change of venue for many legit reasons and he instead file a motion to be removed from my case and there was a significant gap in time where I'm left without council to consult with, in respect to preparation I... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're facing a challenging situation with your legal representation. When your public defender abruptly switches to the prosecutor's office, it can raise concerns about potential conflicts of interest and whether your right to effective counsel is being upheld. It's... View More

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Federal Crimes for South Carolina on
Q: Is it normal for you wife to demand a divorce after you ask to get a dna test for your 3 children?

After the democrat trash plandemic, a bunch of trash government and minority officials stalked and harassed me telling me my children aren't mine and insinuate my wife is a paid prostitute and they were here to accept protection and hush money payments. Does any of this sound like women or... View More

James L. Arrasmith
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answered on Sep 7, 2024

It’s understandable that you're feeling overwhelmed and confused in such a difficult situation. If your wife is reacting strongly to your request for a DNA test, it could be for various reasons, such as feeling mistrusted or hurt by the implication that there might be infidelity. While... View More

1 Answer | Asked in Personal Injury and Criminal Law for South Carolina on
Q: What can I do about SCDOT taking my Great Pyrenees. They loaded him up in their work trucks and left with him. SCDOT cam
Roy Willey
Roy Willey
answered on Sep 7, 2024

Call the local district office and tell them you want your dog back. Also check local shelters, perhaps they thought he was lost.

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: I believe my forth amendment rights were violated in 2021 when I was charged with trafficking heroin
Casey Brown
Casey Brown
answered on Aug 29, 2024

Has the case been resolved? If not and you feel that your Constitutional Rights have been violated, it is important to speak with an experienced defense attorney about your case. This could be an issue for you and your attorney to review. If the case has been resolved, you may need to speak with an... View More

1 Answer | Asked in Criminal Law and Internet Law for South Carolina on
Q: Is it legal for Youtuber to tell his subscribers to go and spam under other person's Facebook posts and comments ?

Youtuber told his subscribers to go and spam comments under my posts, comments on different Facebook groups. Caused me a lot of stress. Also during his stream he was making fun of me, trolling .

James L. Arrasmith
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answered on Aug 6, 2024

No, it is not legal for a YouTuber to incite their followers to spam someone’s posts on Facebook or any other platform. This kind of behavior can be considered harassment and cyberbullying, which are punishable under various laws. If this has caused you stress, you have the right to report this... View More

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