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 »
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 »
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.
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 »
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 »
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
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).
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 »
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 »
Is it possible I was found not guilty or nolle prosse. There is an update online that says application for destruction of arrest records
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.
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.
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,... Read more »
Can the time on house arrest be credited to their sentencing time?
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,... Read more »
Hello.
Unfortunately, we aren’t able to do anything but estimate your release date with the information you provided. Without knowing your actual conviction offense, so that we know whether or not the offense is a 65% or 85% time served offense, we cannot give you an accurate amount of... Read more »
A request for preliminary hearing was put in but was denied
Not exactly. SC Code 16-13-180 addresses both "receiving stolen goods" and "receiving or possessing property represented by law enforcement as stolen". While they fall under the same statute and carry the same penalties, the elements of each offense are a bit different.... Read more »
Federal case. Read this info on the docket. It’s a motion to extend time to file Pre-trial motions.
There are a lot of reasons why this could occur, but, no it definitely does not mean a case is going to trial with no plea deal. One reason a motion to continue is filed could be that the AUSA is about to reindict with a superseding indictment and doesn't want to arraign defendant twice and... Read more »
Suspect is indicted already & is my husband.
No, you are under no obligation to testify or inform the government of information in your possession unless you are under subpoena.
Even then, you cannot be forced by subpoena or the court to testify against your spouse, if you are legally married, as you and he have “spousal... Read more »
I was sentenced to 8 years non violent from a 16-3-29 due to the judge stating he was "dropping it" to non-violent aggravated assault....I don't know if this is consistent with the law
Hello,
In South Carolina, SC Code Ann. 16-3-29 is Attempted Murder, a violent felony. The lesser included offenses of Attempted Murder are:
Assault and Battery of a High and Aggravated nature, a violent felony, S.C. Code Ann. 16-3-600B)(1);
Assault and Battery in the First... Read more »
In South Carolina a conviction as opposed to a pending charge is required to enhance a subsequent offense. Further it takes a minimum of 3 property crime convictions to enhance to a felony level property crime. Once you get to a felony level property crime, it carries up to 10 years in prison.... Read more »
Caselaw from Georgia..state v Goodman, 469 s.e.2d 327.
Georgia court of appeals ruled in favor of the guy,and say he did not violate the left turn law , my case from SC is 98% like his.
First I am not a SC attorney. But generally a case from out of state (by it Georgia, or elsewhere) do NOT bind the South Carolina courts. It can be persuarive authority but the South Carolina courts do not have to follow it.
$500, which was increased to $1000 when I said I couldn’t. They apparently followed me yesterday and saw the apt I live in. Now they are threatening to expose me to my family.
Hello. We are terribly sorry to hear about this. No one should be afraid of such exposure by such types of people, merely for being who they are. This is repugnant and despicable.
You have several causes of action both criminal and civil.
South Carolina has no Revenge Porn Laws; the... Read more »
Hello,
Yes, the State could reduce armed robbery to strong armed robbery. However, this is usually done as a condition of plea negotiations. We recommend that you speak with this possibility to your attorney.
We hope that this helps you, and wish you the best in your matter.
Hello,
The likely charges are as follows:
Murder;
Possession of a Weapon during the Commission of a Violent Crime.
Have court tomorrow my ticket is 1000$
If you do not show up to court then you can be tried in your absence and found guilty. Even if the alleged victim does not appear, If you are not there to make certain objections to hearsay testimony then you could be convicted. Not showing up for court is rarely a good idea.
I would... Read more »
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