T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

I would recommend starting with the "clerk of court" over the court where you were charged.

If you believe that you were the victim of a crime, then calling the police and filing a report is a good way to start to handle it. Law enforcement has the ability to try to get the evidence to solve the crime. They will keep you informed of the updates in the case as they investigate.

Contacting an experienced attorney to reach out to law enforcement on your behalf is a good start. They may want to set a date to allow the warrant to be served, booked, and get a bond in the shortest amount of time. This can also be helpful in getting a great bond set. Then, handle the case and... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2023

In South Carolina, if you fail to appear in court as required, a bench warrant may be issued for your arrest. When you are picked up on this warrant, you have the right to be informed of the charges against you and have the opportunity to appear before a judge for an initial appearance or bond... View More

Multiple charges can be expunged depending on the charge(s). A person is allowed to apply for an expungement of their record more than once.

MDP means Manufacture, Distribution, Possession. This is typically related to the amount or weight of alleged narcotics. The first offense means that the person charged has not been convicted of this offense or an offense that can be enhanced in the past.

Many Possession charges deal with the person having dominion and control over the area the items were found. A criminal defense attorney will be able to look at a specific situation for these issues and assist someone who has been charged.

Mark A. Siesel Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023

If you are the owner of the vehicle, as the liability is clearly on your car (the other driver doesn't appear from what you describe to have done anything wrong). If you were driving someone else's vehicle with their consent, both you and the owner are responsible under vicarious... View More

If your question is how to get the gun back in a pointing and presenting case, then the case will need to be resolved in the defendant's favor and the defendant will need to go to the agency that has the gun to request it or the owner of the gun will need to request it with proof of ownership.

In South Carolina you have to wait 3 years from the date of a misdemeanor conviction before being eligible to apply for an expungement. Your must also have no additional convictions during that three year period while you wait.

You may want to consider asking the court if you could apply... View More

Assault and Battery, 2nd carries up to 3 years in prison. So even thought it is categorized as a misdemeanor in South Carolina the charge is not eligible for expungement.

From these facts, yes, it is possible but there would be more questions that need to be answered to specify what charges could be brought.

In SC, a husband or wife cannot be compelled or forced to testify against their spouse about communication between them during their marriage.

SC Code: 19-11-30

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

I'm sorry to hear about your situation. If you have already settled your case and are still seeking your motion of discovery, you may want to consider seeking the help of an attorney who specializes in criminal law.

Here are some steps you can take:

Consult with a criminal... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

I'm sorry to hear about your situation. It sounds like you may benefit from consulting with a criminal defense attorney who can advise you on your legal options and help you understand your rights. An attorney can also provide guidance on how to file a complaint against the police for... View More

If you were indicted, your best strategy is to hire a competent experienced criminal defense attorney and show the jury at trial each of those statements was a lie.

That could increase your chance of being found not guilty.

There is no absolute answer to this question but this charge carries up to 10 years in state prison. It is important to discuss your case with an experienced criminal defense attorney that can break down the particulars of your case.

The first question is Did the officer have a right to stop the vehicle. Then, the issue is how did they find the alleged substances. They should not be tested these substances roadside. But it is possible to charge the person later with a warrant for arrest though problematic for the prosecution.... View More