Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for South Carolina on
Q: 9mnths n County Jail never given prelim hearing paperwork no indictment witnesses never questioned What do I do

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law for South Carolina on
Q: Is it illegal for my ex gf to demand money from me or she is going through with a restraining order she filed

She demanded 10000 dollars and she wouldn’t go to court

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law for South Carolina on
Q: I was charged with trafficking 3rdsubsequent offense because there were drugs found in the car but the passenger claimed

The drugs thru a notorized statement

Casey Brown
Casey Brown
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

1 Answer | Asked in Criminal Law for South Carolina on
Q: Are my gun rights restored in SC if my record was expunged
Casey Brown
Casey Brown
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

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can I go to jail for a registered gun in a open carry state without a permit at work place
Casey Brown
Casey Brown
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

1 Answer | Asked in Criminal Law, Civil Rights, Employment Law and Health Care Law for South Carolina on
Q: I recently had DSS called on me and of course the case was unfounded. However, I need help.

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law for South Carolina on
Q: If I went to Mexico for how ever long I need would the statues of limitations allow all my charges to be dropped

I live in South Carolina and my charges are trafficking 3rd offense

Casey Brown
Casey Brown
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

2 Answers | Asked in Constitutional Law and Criminal Law for South Carolina on
Q: Are any constitutional rights retained while under house arrest and/or probation?

Is so, which ones and to what extent?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

2 Answers | Asked in Constitutional Law and Criminal Law for South Carolina on
Q: Are any constitutional rights retained while under house arrest and/or probation?

Is so, which ones and to what extent?

Casey Brown
Casey Brown
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

View More Answers

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can a person get probation for 2nd degree burglary in S.C with 2 petti larceny charges with the burglary charges
Casey Brown
Casey Brown
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

1 Answer | Asked in Criminal Law, Family Law and Child Custody for South Carolina on
Q: Can someone be charged with custodial interference if there is no court order?

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
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

1 Answer | Asked in Criminal Law for South Carolina on
Q: If a person has been in prison for a very long time but has been in no trouble since release is it likely for thePR bond

Especially if the new warrant is for a very low misdemeanor

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law, Civil Litigation, Constitutional Law and Libel & Slander for South Carolina on
Q: How did they sign a warrant for my arrest based of the statement of a witness that was the so called victims best friend

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can a drug charge be thrown out after a certain amount of time of being pending in general sessions Court in SC

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have been locked up for 2 years and out on bond for 8 months and I have not met with or spoken to my public defender.

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: I was arrested for DUS and requested medical. I kept asking the officer and medical staff for water and was refused.

I became irate and given no medical care and put back in cruiser. While waiting to leave I kept asking for water and slipped cuffs to my front and began beating on window asking again for water. The officer yanked opened door and jerked me out by my elbow while in cuffs and slammed me to the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

Your experience raises concerns about potential excessive force and denial of medical care, both of which are serious issues. In situations where an individual in custody is injured, law enforcement officers are typically required to provide access to medical care. Refusal to do so can be a... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Somebody else was driving my car and got arrested. Cops did not call now we have to pay impound fees.

So let somebody use car to go to store. It went through a roadblock and got arrested. Now we have to pay for four days because it was on New Year’s weekend. Cops never called register owner. How did they know the car wasn’t stolen why should we have to pay

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

Typically, law enforcement should notify the registered owner in such situations. To address this issue, you may want to gather relevant details, such as proof of ownership and the circumstances surrounding the incident, and contact the impound lot or local law enforcement. In some cases, there... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Wrongful Death for South Carolina on
Q: How would a suspect fleeing on foot while armed or presenting to be armed effect TN V Garner?

If a suspect run on foot while armed or pretending to be armed? Would the presence of the firearm alone justify deadly force under TN vs Garner? Would the suspect need to point or present the firearm at Law Enforcement or a citizen for deadly force to be justified? Please let me know any relevant... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

In the context of Tennessee v. Garner, the situation where a suspect is fleeing while armed or appears to be armed is complex. Tennessee v. Garner established that the use of deadly force to prevent the escape of a fleeing suspect is constitutionally permissible only if the officer has probable... View More

View More Answers

2 Answers | Asked in Federal Crimes and Criminal Law for South Carolina on
Q: I was charged for lottery fraud. What are the chances of me not going to jail
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023

If you've been charged with lottery fraud in South Carolina, the likelihood of avoiding jail time depends on various factors, including the specific details of your case, evidence, and the strength of your defense. Lottery fraud is a serious offense, and penalties can range from fines to... View More

View More Answers

2 Answers | Asked in Federal Crimes and Criminal Law for South Carolina on
Q: I was charged for lottery fraud. What are the chances of me not going to jail
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

The likelihood of you not going to jail for a charge of lottery fraud in South Carolina depends on various factors, including the specific details of your case, the strength of the evidence against you, and the effectiveness of your legal defense.

It's important to consult with an...
View More

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.