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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for South Carolina on
Q: Can my armed robbery be reduced to strong armed robbery
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jun 6, 2021

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.

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Criminal Law for South Carolina on
Q: A convicted felon have a saw off shotgun and kill a man with the saw off shotgun what are the state charges
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on May 30, 2021

Hello,

The likely charges are as follows:

Murder;

Possession of a Weapon during the Commission of a Violent Crime.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have a pending assault and battery 3rd degree. If the victim doesn’t show up to court, do they drop the charge?

Have court tomorrow my ticket is 1000$

Stephen Grooms
Stephen Grooms answered on May 19, 2021

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...
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1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: How come none of the attorneys answer any questions? This is ridiculous!
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on May 11, 2021

Well, South Carolina lawyers are unlikely to answer the questions of a Sanford, Florida questioner because we are not bar licensed in Florida.

We wish you well with your Florida legal matter.

1 Answer | Asked in Criminal Law for South Carolina on
Q: My boyfriend has to go to motion to revoke bond court and my question is how can he be able to get to come back home?

He's out on bond and caught another charge and he doesn't have a lawyer right now! He applied for a public defender and waiting for a response from them!

Ryan D Templeton
Ryan D Templeton answered on May 4, 2021

He needs to hire an attorney to present his case the the Judge! If he qualifies for a public defender it would be best to reach out to them and make sure that someone has been assigned to his case. I would never recommend for someone to go to a motion to revoke bond on his/her own.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hi, my question is, what can be done to aid someone in federal prison whom was approved for released early under the FSA

But during the BOP release process, the state of SC put a hold on him but did not specify the reasoning. I have since found where he & 21 others were indicted in 2018 for conspiracy.

Even though he qualifies for early release he can not be as long as there is a hold for that charge... Read more »

Ryan D Templeton
Ryan D Templeton answered on May 4, 2021

The best thing for this person to do is file a form with the prison where he is currently being held under the interstate agreement on detainers. This will force the State of SC to start the process of bringing him back for trial on the state matter. If the state fails to do so within a certain... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If someone there

I got charged with shoplifting 16-13-110b2

Ryan D Templeton
Ryan D Templeton answered on May 3, 2021

It would be wise to reach out to an attorney in this area so that they can properly represent you on your shoplifting charge. So long as this is not an enhancment charge this case would carry up a 30 days in jail and/or a fine.

2 Answers | Asked in Criminal Law for South Carolina on
Q: It's 0373-Obscene / Participation in preparation of obscene material prohibited a felony in the state of south carolina?
Stephen Grooms
Stephen Grooms answered on Apr 22, 2021

This charge is a misdemeanor offense that carries up to 1 year in prison and could require the sex offender registry and/or an ankle monitor if a minor child is involved in the underlying offense.

https://www.sccourts.org/cdr/displayCDRcode.cfm?CDRcode=373

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1 Answer | Asked in Criminal Law for South Carolina on
Q: If I have a felony charge that was dropped, how do I remove it from my record?
Ryan D Templeton
Ryan D Templeton answered on Apr 16, 2021

You will need to apply for an expungement. An attorney can walk you through that process or you can do so on your own.

1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: If the judge asks, do I tell them that me and the defendant have had contact even if it’s court ordered not to?

Me and my boyfriend got into an argument, and he grabbed me and I bet him to get him off of me. And he had 2 bite marks on him. He called the cops and I spent the night in jail for third degree CDV. One of the court orders was to not have contact with him until the court date. But we have had... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Apr 8, 2021

Hello,

Yes; if the Court asks you a direct question, you must answer the Court truthfully. If the Court discovers that you are lying to it and the presiding judge, you can be held in Contempt of Court, which under South Carolina Law means you can be jailed or fined in an amount determined...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: During a traffic stop if any drugs are found do they have to let me see and test in my presents
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Mar 23, 2021

Hello,

No. During a traffic stop, if suspected narcotics are found, you have no right to have the drugs tested in your presence.

The type of test you are talking about is called a NIK Drug Test, in which a sample of the drug is placed in a bag with chemical reagents that react with...
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1 Answer | Asked in Public Benefits and Criminal Law for South Carolina on
Q: Can a defendant ask the state to have the evidence retested and split substance content?
Ryan D Templeton
Ryan D Templeton answered on Mar 18, 2021

Normally the state is not going to retest a substance unless the solicitor wants that done for some reason. That being said, you/your attorney can hire an expert to independently test the substance and file a motion with the court to have the item turned over to the expert for testing.

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Can someone be violated BC of non payment to the probation office?
Stephen Grooms
Stephen Grooms answered on Mar 18, 2021

Absolutely, payment of fines, fees, and any restitution ordered by the Court are all conditions of successfully completing probation. Therefore non payment could be grounds for violation.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can drug trafficking be expunged
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Mar 10, 2021

Hello,

Trafficking is not eligible for expungement in South Carolina.

The only recourse you would have at this time is to petition for a pardon through SCPPP, and if it were approved and the Governor granted a pardon, then the charges could be expunged.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How long can one county hold someone they picked up for a misdemeanor warrant in another county?

Police came to my house and looking for my husband and arrested him with a property damage warrant from the county 2 1/2 hours away. How long does the other county have to pick him up until he has to be released?

Also, will he be released with a fine when he sees the judge when he gets to... Read more »

Ryan D Templeton
Ryan D Templeton answered on Mar 2, 2021

In normal circumstances he cannot be held for more than 24 hours before being picked up or a bond being set. That is assuming that this is the first time that he is being arrested and this is not an arrest on a bench warrant.

2 Answers | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Hello I am charged with DV2nd and I have a criminal record felony and around 2000 I was charged with CDV

My wife was also charged with DV2nd and she has got a plea deal in the mail my solicitor wont even tall to me we both my wife and I signed a document stating we wanted to drop the charges but my solicitor want even talk to me I am worried I really sont have the money for a attorney

Ryan D Templeton
Ryan D Templeton answered on Feb 28, 2021

Most attorneys that do criminal work give free consultation. It would be good to go speak to an attorney in your area about your situation. If you cannot afford an attorney the public defender may also be an option for you.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: Hello. At the age of 7 or 8 I put my breast in a little boy’s mouth. I was not aware it was wrong at the time.

I think i saw someone breast feeding and I tried to do the same. I believe he was about 3 or 4. Can I face legal trouble? I was simply a child and didn’t know.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Feb 3, 2021

Hello,

No. You were too young to appreciate right from wrong, and children at that age are generally not prosecutable.

There are two components to a crime: a wrongful act, and a wrongful desire to complete the act. The State must prove both. With minors, there is an additional...
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1 Answer | Asked in Agricultural Law, Civil Rights and Criminal Law for South Carolina on
Q: How can my son who is Native American obtain a Native American attorney? Criminal Law & Civil Rights.
Tim Akpinar
Tim Akpinar answered on Jan 31, 2021

I'm sorry your question went unanswered for three weeks. If your son is still looking for an attorney, you could go to the Find-a-Lawyer tab above - there is a section "Native American Law." You could also run your own independent searches online, or you could visit the website of... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: My husband was sentenced to 7 years for 2 counts Trafficking 10-28g Meth 1st offense. Will he be eligible for parole??
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jan 25, 2021

Hello, thank you for the chance to answer your question.

Trafficking is a violent crime under SC Law. Under our sentencing scheme, your husband is eligible for parole after he serves 85% of his sentence. Based upon what you have stated here, he would be eligible for parole after 5 years...
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1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for South Carolina on
Q: My mom owns her house and wants her boyfriend to move out because he has been drugging/stealing from her.

How do we go about this legally and without him hurting her? She's scared when she tells him to leave that he's going to get angry and try to hurt her. The last time she called the police on him, he told the police they were married and made it seem like she had mental issues, which she... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jan 25, 2021

Hello.

We are sorry to hear about these problems that your mother is having. No one should ever feel unsafe in their home.

The first thing that you should do is go down to your County Family Court, and speak to the Clerk of Court there. Tell them that you need an emergency...
Read more »

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