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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Sexual Harassment for South Carolina on
Q: what would the charges be if a 17 year old is raped by three college students? victim was intoxicated before the assault

marijuana was involved, but it was the victims.

Stephen Grooms
Stephen Grooms answered on Feb 24, 2020

In South Carolina age 17 is considered to be an adult in terms of engaging in sexual activity so her age alone will not result in a potential criminal charge, but if she was voluntarily intoxicated to the point of being "mentally defective, mentally incapacitated, or physically helpless" and the... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for South Carolina on
Q: I got a ticket for shoplifting today and have several questions

There is some information on the citation that is incorrect. My birth year is incorrect. There is a court date set, but the ticket has NO circled when it asks if a court date appearance is needed. It is my first offense, and I don't want this on my permanent record. I know it was stupid, but I... Read more »

Ryan D Templeton
Ryan D Templeton answered on Feb 19, 2020

I would recommend contacting an attorney in to area to talk about the options. There are diversionary programs that could apply to you to ultimately have you case removed from your criminal record. If you cannot afford a private attorney the public defenders office is available to you as well.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Help I'm confused

My fiance got arrest a week ago for a failure to appear for 2011 but he did time and even got a public defender and released on bond but when you look in the public index it only shows up a charge that happened in 2005 but got dismissed. I don't understand why there was a warrant for a failure to... Read more »

Ryan D Templeton
Ryan D Templeton answered on Feb 17, 2020

When someone does not show up for court a bench warrant is issued and the case is administratively removed from the docket and may be listed as dismissed or FTA(failure to appear). All this means is the case is removed from the docket of active cases until the person is picked up on the bench... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have a court date and my pd says she has not recieved the motion of evidence. What does this mean
Ryan D Templeton
Ryan D Templeton answered on Feb 14, 2020

Nothing is going to happen in your case u til your attorney gets discovery. Just do exactly what your PD tells you to do.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for South Carolina on
Q: I'm 1995, was convicted of murder in Union County, South Carolina.

Agree months ago, the victims family members wrote The Solicitors Office, The Clerk of Court, and The Department of Probation, Parole, And Pardon Services asking them to please release do to mercy /clemecy. Other members of The community also wrote The Department. No answer or response has been... Read more »

Stephen Grooms
Stephen Grooms answered on Feb 14, 2020

To be blunt, they do not have to answer the letters or open any investigation into a closed case for the reasons given. A judge and jury heard the case in 1995 and a decision was made. Reducing a sentence on the grounds that the interested parties now want mercy is not going to be possible without... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: what is the bond for a first offense weapons sale possession By certain persons stolen gun
Ryan D Templeton
Ryan D Templeton answered on Feb 14, 2020

There is no set bong amount on criminal charges. A magistrate must take into account risk of flight and danger to the community to craft an appropriate bond.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I agreed to and completed a diversion for domestic charge. When will this be finalized with the court?
Ryan D Templeton
Ryan D Templeton answered on Feb 14, 2020

Based on your question I would assume that you are talking about Pretrial intervention (PTI). If that is the case you just need to reach out to the solicitors office and ask them this question to see how long it takes them to process everything once you finisg all requirements. Regardless it should... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: How can I look up a general sessions trial roster from December 2019
Ryan D Templeton
Ryan D Templeton answered on Feb 14, 2020

Every county in South Carolina post the trial docket differently so you would need to either contact the solicitors office, Clerks office, or one of those agencies websites to find the docket.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can I buy a firearm if I plead guilty to distribution of cocaine?
Stephen Grooms
Stephen Grooms answered on Feb 13, 2020

You can always buy a firearm if someone is willing to sell it to you. The question is will your possession of that firearm be an illegal act. Distribution of Cocaine is a felony in South Carolina, but you will not be restricted from owning a firearm under South Carolina law as this is not an... Read more »

1 Answer | Asked in Criminal Law and White Collar Crime for South Carolina on
Q: Should I go back up to the police station if they ask me too or do they plan to arrest me? He wouldn't say on the phone.

I got arrested on 1/9/2020 for forgery. For a returned check and trying to cash another check for work I've done.{it was freelance on a app and I can't get ahold of them.} I was given the check under the assumption it was good {I had an inkling but I didn't think this person would do this to me bc... Read more »

Stephen Grooms
Stephen Grooms answered on Feb 10, 2020

I would recommend you consult with an attorney before you make a decision. If you talk to an experienced criminal defense attorney in your area he/she will be able to make contact with the officer to get the story before you put yourself at risk. You should also remember the police are legally... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: In SC what is the punishment for the charge 3466 vehicle/poss conceal,sell,or dispose of stolen vehicle $2000 or less?

1st offense and no major criminal record other than a possession of meth charge in another county about a month prior

Ryan D Templeton
Ryan D Templeton answered on Jan 29, 2020

The maximum punishment is a $1000.00 fine (plus court costs) and/or up to 30 days in jail.

2 Answers | Asked in Criminal Law for South Carolina on
Q: Is 16-03-600 (d)(1) an misdemeanor
Ryan D Templeton
Ryan D Templeton answered on Jan 26, 2020

It is a misdemeanor but carries up to a fine of $500 and/or 3 years.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: How can i be charged with shoplifting (enhanced) on my first shoplifting charge?

Cop charged me with shoplifting enhanced because I had convictions of grand larceny and receiving stolen goods. These charges were 6 years before and both for same offense. Cop said it was my third property crime but the two prior property crimes were for one incedent. Also what I'm being charged... Read more »

Ryan D Templeton
Ryan D Templeton answered on Jan 20, 2020

The SC shoplifting statute allows charges when someone manipulated a barcode or conceals a product. 16-13-110(A)(2).

16-1-57 is the enhancement statute. That statute requires at least two previous convictions for crimes in which the penalty is dependent upon the value of the item.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Regarding criminal law, how can the pardoning process in this scenario be simplified?

The crimes were committed in 2008, but a change in the USC in 2012 re-classified them as violent crimes. B&E, Larceny after the fact, and Larceny by anti-inventory device. The individual has fully reformed themselves and wishes to obtain pardon so they may obtain better employment and a better... Read more »

Ryan D Templeton
Ryan D Templeton answered on Jan 20, 2020

Assuming these charges were state charges you simply need to submit the appropriate forms and supporting documents to the department or Probation, Pardon, and Parole. If you go on PPP’s website you can download the form and instructions.

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: A black male, early 40's, arrested for illegal carry, never charged with any other charges, ever, doesnt have money to

...hire competent counsel. Obtains legal aid attorney. About to go to second hearing. Can he request and receive a continuation until he secures competent counsel?

Ryan D Templeton
Ryan D Templeton answered on Jan 20, 2020

It is likely that you will be able to have your case continued but I would recommend talking to some attorneys in your area. Many attorneys that practice criminal law will take a payment plan.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If a person is in jail on bench warrant for forgery will they get prison time? And if so how much time will they get ?

The original charge was forgery no dollar amount

Ryan D Templeton
Ryan D Templeton answered on Jan 10, 2020

The fact that the person has a bench warrant has little to do with the ultimate outcome of the case. Without knowing the dollar amount of the forgery I can’t let you know what the possible sentence could be.

1 Answer | Asked in Consumer Law and Criminal Law for South Carolina on
Q: charged w/takin parents vehicle without permission. Cops on Cell recording not reading my rights. Can throw out court

I took my moms vehicle which I was given a key too with permission to use everyday to take brothers to school and personal use if I ask, I was told not to go out and took the car out anyway one night, they told me to be home by 10 or they’d call police. I arrive at 10:30, see the cops as I pull... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 24, 2019

We would need some more information before we can answer that question. The issue would be if you were in custody at the time that you made the admission. You will need to reach out to a criminal defense attorney in your area or the public defenders office if you can not afford a private attorney... Read more »

2 Answers | Asked in Criminal Law for South Carolina on
Q: Do I need a lawyer for a shoplifting case?

Its my first first offence and I have not been in trouble before I am worried of it staying on my record and possibly going to jail and losing my kids

Ryan D Templeton
Ryan D Templeton answered on Dec 11, 2019

It would be a good idea to reach out to a criminal defense attorney in your area. If you can not afford an attorney you should apply for a public defender.

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1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Is assault and battery in the first degree a registrable offence?
Ryan D Templeton
Ryan D Templeton answered on Dec 7, 2019

Registration is in the discretion of the sentencing judge based on the allegations.

2 Answers | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: So you already said I don’t have to show up in court. Is it worth it to fight to have 2 pts dropped?

How does 2 pts affect insurance in SC? Is it worth it to try and fight the points or just be happy the trooper decreased the points from 4 to 2 and since I’ve paid just go on my way? It is my first ticket ever

Ryan D Templeton
Ryan D Templeton answered on Dec 7, 2019

The minimum points on any speeding ticket is two points. The judge does not have the authority to drop them any lower. Your insurance can take the conviction into account but that really depends on your carrier.

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