Criminal Law Questions & Answers

Q: Is it true that a criminal drug charge can get dismiss if you pay the fine?

1 Answer | Asked in Criminal Law for Arizona on Apr 28, 2015

Answered on May 5, 2015

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Craig Orent's answer
Need more details and clarification, but if the charge is in fact criminal, the answer to the posted question is "no", one cannot obtain dismissal simply by paying a fine.

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Q: My boyfriend got charged with a misdemeanor domestic violence and assault

1 Answer | Asked in Criminal Law for Arizona on Apr 28, 2015

Answered on May 5, 2015

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Craig Orent's answer
Your boyfriend needs to speak to his lawyer, and if he doesn't have one, he needs to seek one right away. But FYI, generally speaking prosecutors don't dismiss cases because the alleged victim doesn't want to prosecute.

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Q: what happens if my daughter fires a public defender three times

1 Answer | Asked in Criminal Law for Arizona on Apr 29, 2015

Answered on May 5, 2015

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Craig Orent's answer
Not sure what you mean as defendants generally cannot "fire" their public defender. Rather they can ask the court to appoint new counsel - which by the way is rarely approved - and the court may or may not agree depending on the overall circumstances. But assuming the court has given your daughter new counsel 3 times, it's unlikely it will happen again. At some point the judge will say no more changes and if she wants new counsel she'll have to hire one.

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Q: Is public affray a felony in new Mexico

1 Answer | Asked in Criminal Law for Arizona on May 4, 2015

Answered on May 5, 2015

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Craig Orent's answer
You need to repost this question in the New Mexico forum

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Q: I have a possession with intent to distribute methamphetamine 1st offense with no prior record am I eligible for p.t.l

1 Answer | Asked in Criminal Law for South Carolina on Dec 2, 2014

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
It depends on the solicitor and whether he or she will consider reducing the charge to something that PTI would allow. You also may qualify for a conditional discharge, but you need to hire an attorney to protect you so that he or she can get you considered for any possible pre-trial diversions that may be available for you. You need to hire an attorney before you do anything else.

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Q: I am being charged with metals/falsifying information on application,form or affidavit.? What should I do.?

1 Answer | Asked in Criminal Law for South Carolina on Dec 3, 2014

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
You need to have an attorney represent you on the pending charges so that your rights can be protected. Only an attorney can clear up this mess and hopefully keep you from having a criminal record.

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Q: I got a possession of an unlawful weapon and discharge, it was a BB gun, and I didn't shoot it what do I do?

1 Answer | Asked in Criminal Law for South Carolina on Nov 25, 2014

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
You need to hire an attorney to represent you to handle this case for you. There are significant issues related to your case that need to be explored more deeply by an attorney so your rights can be protected.

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Q: I've being charged with theft and fraud total value of R12888-00 its my 1st offence will the court send me to jail?

1 Answer | Asked in Criminal Law for South Carolina on May 5, 2015

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
DO NOT PLEA GUILTY UNTIL YOU SPEAK TO AN ATTORNEY!! A conviction will follow you for the rest of your life, will affect your ability to get a job or scholarship and there may be pre-trial diversions available to you. That being said, I have no idea what the value of R12888-00 means. You need to hire an attorney before you do anything ill advised like pleading guilty without an attorney.

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Q: can a brother be charged with cdv for assaulting his sister

1 Answer | Asked in Criminal Law for South Carolina on May 4, 2015

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
No--the proper charge should have been Assault and Battery and the degree is depended upon the nature of the injury.

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Q: How can CDV charges be dropped in SC if person arrested is a non us citizen??

1 Answer | Asked in Criminal Law for South Carolina on Aug 30, 2014

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
It is difficult to understand what you are asking. If the person charged was charged, you can get on the internet, go to the South Carolina Judicial Website, click on the county where the person was charged and run his name to see the status of the charge. That might give you some more information as to what is going on with the case.

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Q: If a police officer says that your muffler is unusually loud can you be fined for that?

1 Answer | Asked in Criminal Law for South Carolina on Dec 19, 2014

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
If the police officer gave you a blue ticket, it will say what statute or ordinance you have said to have violated. Take your ticket to an attorney to review so that he or she can advise you as to what your rights are.

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Q: For no reason whatsoever, a cop behind me hit his blue lights. The passenger got out of the vehicle and I proceeded on.

1 Answer | Asked in Criminal Law for South Carolina on Dec 25, 2014

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
Depends how old you are. You have violated South Carolina law by not stopping when blue lighted and if you are a juvenile, it is possible that the case was referred to the Department of Juvenile Justice for prosecution. If you are an adult, you may have a warrant out for your arrest. The really big question is whether the police can prove you were the one driving the vehicle in the first place. All police cars in South Carolina have dash cams which turn on each time the blue lights are...

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Q: Does the stat have a case for attempted murder if the victim signs an affidavit stating mutual combat

1 Answer | Asked in Criminal Law for South Carolina on Jan 5, 2015

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
Hard to say. What did the victim tell the police when interviewed at the scene. The change in his story should help your case, but does not necessarily mean the state cannot still prove attempted murder to a jury. You need to hire an attorney to review the case more closely and protect your rights.

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Q: my husband went awol from a work release camp in south carolina. how much time will be added to his sentence

1 Answer | Asked in Criminal Law for South Carolina on Jan 15, 2015

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
If he was charged under Section 24-13-410, Escape--it is a felony that carries not more than 15 years consecutive to what he is already serving. Also, SCDC will likely reclassify him to a high level of security. If he has been charged, you need to get him an attorney to protect his interests.

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Q: Under only 1 sentencing can I accumulate a 1st and 2nd offence dist?

1 Answer | Asked in Criminal Law for South Carolina on Apr 14, 2015

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
You need to speak with an attorney in person so that he or she can review exactly what the warrant says and look at your rap sheet to see if what the solicitor is saying is correct. Either way, you need an attorney representing you to protect your interests.

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Q: Can a lawyer help me?

1 Answer | Asked in Criminal Law for South Carolina on Dec 22, 2014

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
Unfortunately, no. If there is still a PCR pending, then maybe if your nephew is able to succeed at the PCR level, but otherwise, no. If there is no PCR pending, then there is no chance of getting the sentences changed.

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Q: How can two people be charged with rsg

1 Answer | Asked in Criminal Law for South Carolina on Jan 27, 2015

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
Yes, you can be charged as well since you were involved in the loading and transport of the stolen vehicle. Under South Carolina law, hand of one equals the hand of all. You need to hire an attorney to protect your interests as your involvement is limited.

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Q: ive been charged with assault by mobb in th third degree and disturbing schools would a public defender help me?

1 Answer | Asked in Criminal Law for South Carolina on Feb 2, 2015

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
Yes, a public defender is an attorney and you will likely do better with a public defender who works in juvenile court everyday if your case is in juvenile court. If you are in General Sessions, then a public defender will help, but you always have the option to hire an attorney of your own choice. With the public defender, you get who gets appointed to you. Some are good, some are bad, just like other attorneys.

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Q: what does Order/Bench Warrant Rescinded mean in a criminal case, plz let me know

1 Answer | Asked in Criminal Law for South Carolina on Feb 7, 2015

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
It means that a bench warrant was issued for you failing to appear for court, but then the court rescinded the bench warrant so there is no longer any bench warrants out for your arrest. You need to make sure you make all court appearances and I would encourage you to hire an attorney so that this does not happen again as he or she can prevent that from happening.

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