Lawyers, Answer Questions  & Get Points Log In
South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: So I missed my court date for Criminal domestic violence 3rd degree? Is it possible I was tried in my absence?

Is it possible I was found not guilty or nolle prosse. There is an update online that says application for destruction of arrest records

Peter David Brown
Peter David Brown answered on Sep 2, 2021

Yes, you can be convicted in your absence.

The prosecution only needs to present the victim to the court.

If the victim testifies to the elements necessary to convict you of the offense, you could be convicted.

You would then have only a very limited time to appeal that conviction.

2 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for South Carolina on
Q: When a person "gets in my face" because of road rage, could that be prosecuted as assault or attempted murder,
Peter N. Munsing
Peter N. Munsing answered on Jul 27, 2021

The likely charges would depend on what they did, and those are up to the police & the DA. Possible charges would be disorderly conduct, threatening, others.

View More Answers

1 Answer | Asked in Criminal Law for South Carolina on
Q: Is it legal to charge an overdose victim w drug poss if the evidence was found as a result of needing med. Help
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 25, 2021

Hello,

Yes. If police respond with EMS and discover illicit narcotics or illegal drugs on the person who is receiving emergency medical assistance, or if police are the first responder prior to EMS and discover an individual needing help with evidence of illicit narcotics or illegal drugs,...
Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Is receiving goods presented as stolen , and receiving stolen goods the same thing, is an indictment required?

A request for preliminary hearing was put in but was denied

Michael Ryan Loignon
Michael Ryan Loignon answered on Jul 15, 2021

Not exactly. SC Code 16-13-180 addresses both "receiving stolen goods" and "receiving or possessing property represented by law enforcement as stolen". While they fall under the same statute and carry the same penalties, the elements of each offense are a bit different.... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Did a law pass or change where a person can get credit for being on house arrest prior to trial and sentencing?

Can the time on house arrest be credited to their sentencing time?

Stephen Grooms
Stephen Grooms answered on Jul 14, 2021

Universal Citation: SC Code § 24-13-40 (2015)

The computation of the time served by prisoners under sentences imposed by the courts of this State must be calculated from the date of the imposition of the sentence. However, when (a) a prisoner shall have given notice of intention to appeal,...
Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If served 18 months and got 6months time served with good time and work time credit when will release be
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 11, 2021

Hello.

Unfortunately, we aren’t able to do anything but estimate your release date with the information you provided. Without knowing your actual conviction offense, so that we know whether or not the offense is a 65% or 85% time served offense, we cannot give you an accurate amount of...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: motion to continue arraignment & trial granted w/out opposition- does that mean case is going to trial w no plea deal?

Federal case. Read this info on the docket. It’s a motion to extend time to file Pre-trial motions.

Meg Strickler
Meg Strickler answered on Jul 7, 2021

There are a lot of reasons why this could occur, but, no it definitely does not mean a case is going to trial with no plea deal. One reason a motion to continue is filed could be that the AUSA is about to reindict with a superseding indictment and doesn't want to arraign defendant twice and... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Am I required to report information I have discovered that could affect the outcome of a federal criminal case

Suspect is indicted already & is my husband.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 4, 2021

No, you are under no obligation to testify or inform the government of information in your possession unless you are under subpoena.

Even then, you cannot be forced by subpoena or the court to testify against your spouse, if you are legally married, as you and he have “spousal...
Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Which offense is a lesser included offense to 16-3-29? And is it's lesser included offense violent or non-violent?

I was sentenced to 8 years non violent from a 16-3-29 due to the judge stating he was "dropping it" to non-violent aggravated assault....I don't know if this is consistent with the law

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 1, 2021

Hello,

In South Carolina, SC Code Ann. 16-3-29 is Attempted Murder, a violent felony. The lesser included offenses of Attempted Murder are:

Assault and Battery of a High and Aggravated nature, a violent felony, S.C. Code Ann. 16-3-600B)(1);

Assault and Battery in the First...
Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can you get more than one 1st offense shoplifting? I had a 1st offense pending, was awaiting court, and got another.
Stephen Grooms
Stephen Grooms answered on Jun 29, 2021

In South Carolina a conviction as opposed to a pending charge is required to enhance a subsequent offense. Further it takes a minimum of 3 property crime convictions to enhance to a felony level property crime. Once you get to a felony level property crime, it carries up to 10 years in prison.... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for South Carolina on
Q: I lost pcr in SC. Pcr Judge say Georgia case from Georgia appeals isn't binding upon SC courts ,is this true

Caselaw from Georgia..state v Goodman, 469 s.e.2d 327.

Georgia court of appeals ruled in favor of the guy,and say he did not violate the left turn law , my case from SC is 98% like his.

Charles William Michaels
Charles William Michaels answered on Jun 21, 2021

First I am not a SC attorney. But generally a case from out of state (by it Georgia, or elsewhere) do NOT bind the South Carolina courts. It can be persuarive authority but the South Carolina courts do not have to follow it.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have someone on the Gay Dating app Grindr who is threatening to expose me with pictures and text unless I pay them

$500, which was increased to $1000 when I said I couldn’t. They apparently followed me yesterday and saw the apt I live in. Now they are threatening to expose me to my family.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jun 20, 2021

Hello. We are terribly sorry to hear about this. No one should be afraid of such exposure by such types of people, merely for being who they are. This is repugnant and despicable.

You have several causes of action both criminal and civil.

South Carolina has no Revenge Porn Laws; the...
Read more »

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...
Read more »

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

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.