Get free answers to your Criminal Law legal questions from lawyers in your area.
I am concerned because a former friend is spreading rumors that a detective and lawyer have looked into my and my daughter's records, with no findings. There are no current legal proceedings; however, police reports have been filed, and I may pursue harassment charges. Could anyone request a... View More 
I'm seeking information on the potential sentencing for a kidnapping charge. My ex recently came to my workplace, locked the door, and physically assaulted me. He has a criminal history and currently faces charges of kidnapping, stalking, and second-degree assault and battery, with no bond... View More
I was involved in a physical altercation with a woman who has manipulated my family, resulting in them siding against me in this situation. I was arrested and spent a day in jail, released on a PR bond, with ongoing court proceedings since October last year. Despite having bruises and recording... View More
In Aiken, SC, I had a criminal case in municipal court for an open container charge. After failing to appear initially, I went before the judge three times, and the case was disposed of. Despite this, an estreatment hearing was scheduled due to the failure to appear. What becomes of this... View More
I was sentenced to pay restitution, and my sentencing sheet specifies that I am to pay the victim directly, including their name and contact information. My probation officer insists I pay through them instead, claiming they are entitled to a 20% cut. I also pointed out an error on my sentencing... View More
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answered on Apr 12, 2025
Restitution Payment Analysis
The discrepancy between your court-ordered payment method and your probation officer's instructions represents a significant administrative conflict that warrants immediate clarification. Court orders, as reflected in your sentencing sheet, generally take... View More
During an investigation for a disturbance, officers attempted to detain two individuals without consulting the caller first. These individuals resisted the detention, leading to a charge of resisting arrest. Is this charge valid without any underlying charges linked to the disturbance?
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answered on Apr 12, 2025
In South Carolina, it is possible for resisting arrest to stand alone as a charge, even if there are no other underlying charges. Resisting arrest is generally considered a crime in itself if a person knowingly and willfully obstructs or resists an officer who is attempting to make a lawful arrest... View More
What is the penalty for vehicular assault in South Carolina if it's a first offense with no other charges involved?
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answered on Apr 12, 2025
In South Carolina, first-degree assault and battery is a felony offense punishable by imprisonment for up to 10 years. The severity of the charge and potential penalties can vary based on factors such as the presence of any prior offenses and the specifics of the incident.
Given the... View More
I have been charged with knowing filing of a false report of neglect or abuse, which has resulted in a felony warrant. My court date is tomorrow. While I did lie about the timing of the incident, the actual neglect and abuse did occur and is part of an open case with DSS, with evidence such as... View More
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answered on Apr 12, 2025
Given that you are facing a felony charge for filing a false report, it’s important to carefully consider your options, especially since the neglect and abuse did occur. While the charge focuses on the timing of the incident, the actual abuse and neglect are part of an open case, and the evidence... View More
I anticipate being charged with Medicaid fraud following an investigation referred by local authorities to the South Carolina Attorney General's office, initiated by my ex-husband. The Attorney General's office has contacted me three times to set up a meeting. I haven't communicated... View More
answered on Apr 7, 2025
You need to hire a defense attorney licensed in South Carolina, one who practices primarily in criminal defense. Your attorney can coordinate with the AG and they will know how best to advocate for you, as well as walk you through the process. This type of charge is a general sessions offense which... View More
I discovered that my estranged spouse placed an AirTag in my car without my consent. We have been separated for a month, though we co-own the car; I make all the payments. He admitted to others that the AirTag has been in my car for that duration. I have an app that detected it and screenshots of... View More
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answered on Apr 12, 2025
Based on the information you've provided, it’s possible to obtain a restraining order, especially given the unauthorized tracking and history of control and abuse. In many states, including those with domestic violence laws, placing a tracking device on someone's car without consent can... View More
I was stopped by police for driving without a license and was charged for having no insurance. This was my first offense, and I've been to court twice. During the court appearances, I was advised that if I obtained my full license, the case would be dismissed. I have since secured my full... View More
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answered on Apr 12, 2025
It sounds like you’ve already taken a significant step by obtaining your full license, which is great. Since the court advised you that the case would be dismissed if you met that condition, it’s frustrating that the case wasn’t dismissed as expected. The next step is to **reach out to the... View More
I was a passenger in a vehicle stopped because the officer claimed they couldn't read my friend's tag. My friend had two warrants but was not immediately taken to jail. I was asked to step out and patted down without consent. The officers went through my belongings in my backpack, taking... View More
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answered on Apr 7, 2025
It sounds like your rights may have been violated during this interaction with law enforcement. As a passenger in a vehicle, you are generally not required to provide identification unless the officer has a reasonable suspicion that you have committed a crime. Officers should have had probable... View More
I'm concerned about my neighbors who I believe are selling drugs. I've submitted anonymous tips to law enforcement about the constant activity at their house 24 hours a day. Drug users frequently walk through our backyard, causing safety and disturbance concerns, and another neighbor who... View More
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answered on Apr 12, 2025
It sounds like you're dealing with a very stressful situation, and your concerns about safety are valid. Since you’ve already submitted anonymous tips to law enforcement, it’s important to keep following up to ensure the authorities are aware of the ongoing issues. If the situation... View More
I would like to know if the sexual relationship between two second cousins is considered a crime under incest laws. Both individuals are adults, but the relationship was not consensual at first because the female was brainwashed. There is no ongoing legal case or investigation related to this... View More
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answered on Apr 12, 2025
In most states, incest laws focus on direct blood relatives, such as siblings or parents and children. Second cousins generally do not fall under these incest laws, as they are considered too distant a relationship for most legal definitions of incest. Therefore, a sexual relationship between two... View More
I am in South Carolina and involved in a legal case concerning sex offender registration. I've read that if a judge does not specify the registration requirement on the sentencing sheet, I may not have to register. How can I confirm whether I am required to register for my case?
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answered on Apr 13, 2025
In South Carolina, the requirement to register as a sex offender isn't solely determined by whether the judge specifies it on the sentencing sheet. Instead, it's primarily based on the nature of the offense you were convicted of. South Carolina law mandates that individuals convicted of... View More
During a traffic stop, a law enforcement officer falsely claimed my tail light was broken when it wasn’t, leading to my vehicle’s impoundment. Without any tail light malfunction, the officers conducted an illegal search and arrested me for meth trafficking. The dashcam footage is the only... View More
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answered on Mar 24, 2025
No, it is not lawful for an officer to falsify a code violation during a traffic stop. Law enforcement officers must have legitimate probable cause or reasonable suspicion to initiate a traffic stop, and fabricating a violation constitutes misconduct that potentially violates your Fourth Amendment... View More
Is it legal or ethical for an attorney to act as counsel for a business chain while also assisting in executive management and being married to the founder, if the business is involved in illicit product sales? The product, which is dangerous, was knowingly sold for a use other than advertised.... View More
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answered on Apr 13, 2025
In this situation, there are serious ethical concerns regarding the attorney's involvement. Attorneys are bound by strict ethical guidelines, including the duty to act in a manner that upholds the integrity of the legal profession. If the attorney is also assisting in executive management of... View More
I saw a public Facebook post by someone claiming she knows about a murder her boyfriend committed and got away with. The post doesn't provide any evidence or involve the police. Could she face legal trouble for making such a claim, or would only the "murderer" be in legal trouble?
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answered on Apr 13, 2025
If someone publicly claims knowledge of a murder on social media without evidence or notifying the police, they could face legal trouble, particularly if their post leads to false accusations or public disturbance. While the person claiming knowledge might not be directly involved in the crime,... View More
I am facing a misdemeanor jury trial for a breach of trust charge from 2022. The company involved is no longer in business. How might this affect my trial and what should I be aware of?
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answered on Apr 13, 2025
The fact that the company is no longer in business could impact your trial in several ways. If the company no longer exists, it may be difficult for the prosecution to provide certain types of evidence or witnesses that could support the charge. For example, there may be limited records or... View More
My husband is currently in jail, and one of his charges is listed as a 'PPB active warrant' in South Carolina, alongside a failure to appear charge. I'm not familiar with the term 'PPB active warrant.' Could you help me understand what this means and why it's called PPB?
answered on Mar 7, 2025
It sounds like your husband has an FTA (failure to appear) bench warrant which a person cannot bond out of jail on this warrant. Either the FTA warrant must be lifted or the case must be resolved to be released from custody. The "PPB" warrant is either for the Dept of Parole, Pardon, and... View More
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