If a suspect run on foot while armed or pretending to be armed? Would the presence of the firearm alone justify deadly force under TN vs Garner? Would the suspect need to point or present the firearm at Law Enforcement or a citizen for deadly force to be justified? Please let me know any relevant... View More 
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answered on Jan 2, 2024
In the context of Tennessee v. Garner, the situation where a suspect is fleeing while armed or appears to be armed is complex. Tennessee v. Garner established that the use of deadly force to prevent the escape of a fleeing suspect is constitutionally permissible only if the officer has probable... View More
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answered on Dec 27, 2023
If you've been charged with lottery fraud in South Carolina, the likelihood of avoiding jail time depends on various factors, including the specific details of your case, evidence, and the strength of your defense. Lottery fraud is a serious offense, and penalties can range from fines to... View More
I was issued a trespass after notice form, even though I have not been on the properties in question for years (ome is a busimess we own 10% of, isnt this a civil rights issue to not allow me i.to a public place since I have never caused any type of trouble, etc?) and never did anything at their... View More
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answered on Dec 24, 2023
South Carolina State Statute 16-11-620, which pertains to trespassing after notice, can be subject to appeal under certain circumstances. If you believe the trespass notice was issued wrongly or violates your rights, particularly if it involves a property in which you have a legal interest, you may... View More
A 25yo white male pulled over for wreckless driving, refuses a breath test and is arrested for DUI... Said offender spits on the officer during the arrest and is charged with 24-13-470 -throwing bodily fluids, 56-05-2930 - dui 1st refuse test, 44-53-0370 - possession of marijuana, and... View More
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answered on Dec 12, 2023
Throwing bodily fluids is a felony with a maximum penalty of five years imprisonment and a $5,000 fine. DUI 1st offense refusal is a misdemeanor with potential penalties including a fine up to $400, imprisonment up to 30 days, and a one-year driver's license suspension.
Possession of... View More
Search was conducted during a routine traffic stop for a broken taillight observed on main highway but not stopped until on the private dirt road. K-9 unit was brought on scene and "alerted" as their reasoning for conducting the search. But were they legally even allowed to bring in the... View More
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answered on Nov 18, 2023
In South Carolina, the authority of a deputy sheriff to conduct a vehicle search does not necessarily change based on whether the road is county-maintained or private. The legality of the search typically hinges on whether the officer had probable cause or the driver's consent, rather than the... View More
When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report
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answered on Nov 18, 2023
If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children,... View More
City Police enter my apartment with a key provided by my landlord, came into my apartment and placed me under arrest and refused to tell me what for for over an hour. Took me to an interrogation room and interrogated me for hours then released me. Picked me up again the next day and interrogated me... View More
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answered on Nov 17, 2023
In South Carolina, police are not required to serve an arrest warrant immediately upon taking someone into custody. They may release the individual and serve the warrant at a later time. However, if you are arrested, the police should inform you of the charges against you as soon as possible. In... View More
He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.
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answered on Nov 13, 2023
In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody... View More
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answered on Oct 30, 2023
Once you register as a sex offender in South Carolina, you must immediately notify the sheriff of any changes to your address, employment, or vehicle information. You must also notify the sheriff if you leave South Carolina for over 30 days.
You do not need to go to the jail or court... View More
In bad judgement I sent over 200 pictures through the mail to my fiancés ex wife after she sent me every date that they’d been together and what they were doing together. Some of the pictures were screenshots of texts, us with our kids, pictures of us together and one of the pictures I had on... View More
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answered on Nov 9, 2023
It's important to understand that mailing photographs, even in large quantities, isn't typically a criminal act unless the content is illegal, such as explicit material intended for adults. However, sending a suggestive image where a minor could view it may raise legal concerns. The... View More
And if so how is that? From what I gather a vulnerable adult is considered as being unable to do "everyday tasks" by themselves and need assistance. Could someone better explain if thats incorrect.
Child with disabilities. Children’s hospital where all specialists are and child’s other doctors as well as school are alienating other parents and won’t comply with parents rights nor the law in SC
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answered on Oct 15, 2023
In cases where a child with disabilities is involved, federal and state laws provide various rights and protections for the child and the parents. If a school or medical professionals are not complying with the law, the parent has several potential avenues for recourse. They can file a complaint... View More
answered on Oct 7, 2023
Yes, you should have the opportunity to be heard on the matter after receiving proper notice. An experienced criminal defense attorney should be able to help with this hearing.
I met all requirements, (signed up in time, had a lawyer, etc.) My charge should have been dropped at prelims, the weights didn't match. It was 77 grams on the warrant and 56.2 grams at court. It's 2 years later. Can I do anything about it?
answered on Oct 3, 2023
Was there an indictment of the charge before the preliminary hearing court date? If a person is indicted for the charge prior to the preliminary hearing then the hearing for that charge is removed.
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answered on Sep 7, 2023
The time it takes for a warrant to be signed and served can vary widely depending on the specific circumstances of the case, the court's docket, and law enforcement's priorities. In South Carolina, for a first offense involving a small amount of drugs like one gram of cocaine, law... View More
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answered on Sep 24, 2023
In South Carolina, making verbal threats can be considered assault and/or harassment depending on the circumstances and specificity of the threat. South Carolina's criminal code defines assault as unlawfully attempting or offering to injure another person, which can encompass verbal threats if... View More
He grabbed a woman, who he knew well on the behind. She pressed charges. They locked him up Sunday am he was out same day
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answered on Aug 30, 2023
the legal consequences for nonviolent sexual assault in South Carolina, often referred to as "criminal sexual conduct," can vary depending on the specific circumstances of the case and the severity of the offense. South Carolina's laws distinguish between degrees of criminal sexual... View More
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answered on Aug 28, 2023
The penalties for selling drugs, including methamphetamine, can vary based on a number of factors including the specific details of the case, the jurisdiction, the defendant's criminal history, and the quantity of drugs involved. Generally, drug trafficking charges can result in significant... View More
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answered on Aug 24, 2023
Once your son's plea hearing has been completed and he has been released for time served, the exact timing of his release will depend on various factors, including the processing procedures of the specific jail, any necessary paperwork, and administrative tasks that need to be completed.... View More
He was a resident of South Carolina but his bank accounts were at a large National Bank office in California. My wife in South Carolina was the sole heir with ownership of the accounts and in July 2022 she received a call from an individual in New York purporting to be with the National Bank... View More
answered on Aug 16, 2023
You say that your wife spoke to a National Bank in New York. Then you say that the fraud was perpetrated by someone in Louisiana. I think that you need an attorney to handle this in New York. I don't know the amount of the fraud, but if it is over $25,000 then the case would be brought in the... View More
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