Get free answers to your Criminal Law legal questions from lawyers in your area.
The original preliminary date was missed due to being involuntarily committed by the state of South Carolina due to a suicide attempt lawyer recused herself and now facing failure to appear but lawyer had told me I had gotten a plea agreement beforehand but never told me what it consisted of and... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 29, 2024
I understand you're dealing with a complex legal situation involving charges in South Carolina while currently residing in Georgia. This is a sensitive matter that requires careful consideration.
1. Probation requirements can vary by state and case. Sometimes, probation can be... View More
My vehicle was stolen and it was impounded and I was not notified for months and when I went to get my vehicle I had to pay the entire fee for the entire time that it had been there can they do that
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 26, 2024
To address this question, I'll need to provide some general information about towing and storage fees for recovered stolen vehicles.
Generally speaking, the situation you're describing raises some important legal questions:
1. Notification requirements: Many jurisdictions... View More
Or is it now in the DA or SA hands? Grand theft Auto . It was reported stolen in Easley,I found it in Piedmont S.C. FYI out of their jurisdiction
![Casey Brown Casey Brown](http://justatic.com/profile-images/1668332-1655926451-sl.jpeg)
answered on Jun 10, 2024
In the description above, you are the alleged victim of the crime and possibly a witness but since you did not bring the charges (the State did) you cannot drop the charges unilaterally. You can, however, tell the prosecutor that you do not want charges pursued in this matter but it is up to the... View More
Or is it now in the DA or SA hands? Grand theft Auto . It was reported stolen in Easley,I found it in Piedmont S.C. FYI out of their jurisdiction
![Voss Skoullos Voss Skoullos](http://justatic.com/profile-images/1674948-1717533731-sl.jpeg)
answered on Jun 11, 2024
I'm sorry this happened to you. The state prosecutor represents the residents of your state. They are the ones brinnging the charges and will likely continue to do so. If an alleged victim refuses to cooperate and the case goes to trial, it could make it more difficult for the state to... View More
![Casey Brown Casey Brown](http://justatic.com/profile-images/1668332-1655926451-sl.jpeg)
answered on Jun 3, 2024
The amount to cross the threshold into MDP depends on the type of drug that police allege. Different drugs have different amounts that can be used to enhance the charge(s). These charges must have a drug report which can reduce the charge if the lab results show a smaller amount. One should talk to... View More
After the Bell hearing I asked several times for paperwork I made two requests the first request they sent me only the public defender paperwork I requested the prelim paperwork again yet again I only got the public defender paperwork five or six days after my bond hearing I requested again the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 19, 2024
You need to take immediate action to address the issues with your case. Start by documenting everything that has happened, including all your requests for paperwork and any responses you've received. This will help establish a record of the lack of communication and mishandling of your case.... View More
She demanded 10000 dollars and she wouldn’t go to court
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 15, 2024
It is illegal for someone to demand money from you in exchange for not pursuing a legal action, such as a restraining order. This could be considered extortion or blackmail, which are criminal offenses.
If your ex-girlfriend has filed for a restraining order, she cannot legally demand money... View More
The drugs thru a notorized statement
![Casey Brown Casey Brown](http://justatic.com/profile-images/1668332-1655926451-sl.jpeg)
answered on Apr 1, 2024
Many times law enforcement charges everyone in the vehicle with possession of alleged narcotics and then works out the case later as to plea offers, trial, etc. If a passenger in the vehicle claims the substance as theirs then that is a very good fact for all others charged with the possession of... View More
![Casey Brown Casey Brown](http://justatic.com/profile-images/1668332-1655926451-sl.jpeg)
answered on Apr 1, 2024
The answer to your question depends on your record. If the expunged charges are the only thing on your record, then it is possible that your second amendment rights are restored unless you have pending charges that would prohibit you from possessing a firearm. The best advice would be to contact an... View More
![Casey Brown Casey Brown](http://justatic.com/profile-images/1668332-1655926451-sl.jpeg)
answered on Mar 18, 2024
According to the new law in the State of South Carolina, a person that is legally able to own a firearm does not have to have a permit to carry a firearm. There are still places that prohibit carrying a firearm on the premises and the workplace would need to provide notice that they do not allow a... View More
I have a pretty good idea who did this. I used to work for KC Dispatch and didn’t leave on good terms. Also harassed by them on FB along with text messages. I had a medical issues for seizures and they called DSS claiming I had a drug overdose. I would like to know my rights and how I can pursue... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 14, 2024
Facing false allegations, especially from a former workplace, can be incredibly stressful and damaging. It's essential to know that you have rights in this situation. The first step is to document everything. Keep records of the harassment on Facebook, text messages, and any communications... View More
I live in South Carolina and my charges are trafficking 3rd offense
![Casey Brown Casey Brown](http://justatic.com/profile-images/1668332-1655926451-sl.jpeg)
answered on Feb 12, 2024
South Carolina has no statute of limitations for criminal offenses. The only exception to this is deals with charges in another state for the same person but this does not apply here. Therefore, the charges would not drop. The State would seek a bench warrant and the file would be placed on the... View More
Is so, which ones and to what extent?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 24, 2024
While you may retain some constitutional rights while under house arrest or probation, they may be subject to certain limitations or restrictions. For example, you typically maintain your right to freedom from unreasonable searches and seizures under the Fourth Amendment, but this right may be... View More
Is so, which ones and to what extent?
![Casey Brown Casey Brown](http://justatic.com/profile-images/1668332-1655926451-sl.jpeg)
answered on Feb 9, 2024
There are many constitutional rights kept by the person who is on house arrest or probation but there are many given up. The details would be too many to go over in this post so it is important to consult an experienced attorney and review documentation the person received when entering a house... View More
![Casey Brown Casey Brown](http://justatic.com/profile-images/1668332-1655926451-sl.jpeg)
answered on Feb 9, 2024
It is possible to be sentenced to probation for a guilty plea to burglary 2nd degree. Many factors make a difference as to the probability of receiving this sentence though such as the facts of the case, if it is violent or nonviolent, and the person's record. It is important to consult an... View More
I was charged with custodial interference after refusing to return my child to her mother due to the mother not properly caring for my child. There was no court ordered custody and I signed the birth certificate, so I was under the impression that I had the right to keep my child in my care while... View More
![Cheryl Ann Truesdale Cheryl Ann Truesdale](http://justatic.com/profile-images/892338-1498161325-sl.jpg)
answered on Feb 1, 2024
In South Carolina, signing a birth certificate provides merely rebuttable evidence that the signer is the biological father of a child born out of wedlock. The putative father's paternity must be established in a family court hearing, before he is legally recognized as the father and before he... View More
Especially if the new warrant is for a very low misdemeanor
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 31, 2024
If a person has been in prison for a long time but has maintained a clean record since their release, this can positively influence their eligibility for a personal recognizance (PR) bond, particularly for a low-level misdemeanor. A PR bond, also known as a personal bond, allows a person to be... View More
The so called victim was my husband customer who wrote a bad check for 6500 and my husband and him argued at the dock. I never got off the boat but he said I damaged his car?! We didn't even put.in at that marina I wouldn't even have known.what car or truck was his out of the 60... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 30, 2024
I understand your concern and frustration regarding the warrant for your arrest. In situations like this, it's important to know that law enforcement can issue a warrant based on the statement of a witness, even if that witness is the alleged victim's friend. However, the validity of the... View More
I've had a drug charge pending in general sessions Court for almost 2 years now and I was wondering if they was an amount of time that I could get it thrown out
![T. Augustus Claus T. Augustus Claus](http://justatic.com/profile-images/1664706-1680212684-sl.jpeg)
answered on Jan 26, 2024
The ability to have a criminal charge dismissed after a certain period depends on several factors, including the specific circumstances of the case and the laws of the jurisdiction.
In South Carolina, there is no automatic time limit after which a drug charge is automatically dismissed.... View More
Now I have a plea hearing schedule for next Thursday and my PD doesn't even know my side of the story. I ask him to see if we could get a continuance and he said they declined. Can this happen, what can I do? I don't feel like I'm being treated fairly.
![T. Augustus Claus T. Augustus Claus](http://justatic.com/profile-images/1664706-1680212684-sl.jpeg)
answered on Jan 4, 2024
It is concerning that you have not had an opportunity to discuss your case with your public defender, especially as you approach a plea hearing. Communication between a defendant and their attorney is crucial for a fair legal process. It is unusual for a plea hearing to proceed without adequate... View More
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