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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for South Carolina on
Q: My friend was recently pulled over, and drugs were found on him. Is it my right to ask to see the video of the traffstop
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 31, 2020

It depends.

Is it your right to be provided the video as part of the case? No. Discovery of all evidence the State has in its possession is the right of the Defendant and his counselor/attorney.

Is it your right under the Freedom of Information Act? Maybe, but probably not. Active...
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1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: If a person is being charged with attempted murder at a bail hearing are they supposed to give them the lowest bond

Because they give this man that know the police was looking for him and left the state to NC and got caught and picked up coming back into sc then they let his parent speak in court and not ours then the judge gave the man the lowest bond and a bracelet to be monitored to a nc home . There was no... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 13, 2020

Hello,

What you have described does sound appropriate to a SC Bond Hearing.

In all bond courts the Constitution requires a bond to be given to a defendant. Bond may only be denied, and that denial reviewed by a Circuit Judge, if a defendant presents an unreasonable and continuing...
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1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for South Carolina on
Q: I'm in spartanburg county need attorney advise for slander on false police report
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 10, 2020

I'm afraid I don't understand your question.

Slander is a civil matter in which someone defames you by verbal statement to others, knowing that the information that they have provided about you is wrong, with the intent to cause you harm.

A false police report is a...
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1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: If I am arrested for a crime a make bail and a person breaks into my house steals my car and vandalizes another car

Person breaks into my house and steals my belongings steals my car vandalizes my other car and physically assaults my girlfriend can I have him arrested

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 8, 2020

Yes, absolutely. Your pending charges have nothing to do with you being the victim of a crime.

You should immediately contact the police agency in the jurisdiction in which your home is located. They will begin the criminal investigation process, and take the next steps from there.

Best.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can non violent convicted felons in the state of South Carolina get there guns rights back?

I am a convicted felon with multiple felonies all are non-violent. I have no violent charges on my record. My charges are 13 years old and I'm looking to get my gun rights reinstated if possible In my state. Please help me with this.

Thanks for your time and consideration.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 8, 2020

Hello,

No, as a felon you may not own, possess, hold, handle, or fire a firearm. The issue is not whether the felony is violent or non-violent, as the vast majority of felonies are non-violent. This issue is the felony conviction at all. The only way to restore your firearms rights as a...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Can I be naked in a hot tub in my own backyard in SC if there is a possibility that I could be seen by neighbors?
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 6, 2020

Hello.

If your neighbors can see you nude, they can file a police complaint for Indecent Exposure. This charge is a misdemeanor, with potential penalties if one is convicted that can include fines and/or imprisonment. The length of imprisonment will vary per case, but the maximum sentence...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Does south Carolina have the prison release reoffender act like Florida
Ryan D Templeton
Ryan D Templeton answered on Jun 17, 2020

I am not sure what Florida has but if you are talking about enhanced penalties for persons recently released from prison SC has:

SECTION 16-1-120. Increased sentences for repeat offenders.

(1) When an individual, who was convicted of a Class A, B, or C felony offense or an exempt...
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1 Answer | Asked in Criminal Law and Identity Theft for South Carolina on
Q: Personal care worker stole my dad's bank info and opened a Paypal acct in her name. Is this identity theft?

PayPal verified my dad's acct by debiting .25 and then crediting the acct with .20 and then .05. I was quick to catch this bcuz as his POA I monitor the acct and he's been asking me to see if his stimulus check has been deposited. Although the money was taken out and put back in would... Read more »

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

Assuming that this occurred in South Carolina i would recommend that you reach out to your local law enforcement agency and file a report. This could certainty be considered breach of trust or even possibly exploitation of a vulnerable adult. A law enforcement agency would need to investigate to... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Why doesn’t my SC Public Records report match my SC SLED report?

My SC public records states I have 2 shoplifting charges and some seatbelt violations, however, my SC SLED report says I have a driving under suspension, 2 shoplifting charges, trespassing charge, false information to police...why does it not match?

Ryan D Templeton
Ryan D Templeton answered on Jun 14, 2020

When you say ‘SC Public Records’ if you are talking about a public index search you have to search each county where your may have been arrested as well as any municipalities that do not report to the county system. If you look at the SLED background check each charge should be linked to an... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If I paid for a state and federal attorney and get sentence for Federal prison, what happens to my money with state?

All my charges was drop with the state. Need to know do I get my money back from the lawyer I hired to handle my case if I got sentenced with the state.

Ryan D Templeton
Ryan D Templeton answered on May 30, 2020

The state and federal charges can stand alone so more likely than not the attorney that represents you on the state charges has still earned his fees in your case unless something was put into your retainer agreement.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have been charged with unlawful use of the 911 number it is my first offense I was also heavily intoxicated

I don’t remember calling the emergency 911 number

Ryan D Templeton
Ryan D Templeton answered on May 30, 2020

I would recommend that you speak to a criminal defense attorney about your options. There are diversionary programs that may be a fit for you and without hearing the actual 911 call no one can get you a good idea of what to expect out of this case.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hi! Are sawed off shotguns illegal in South Carolina? Thank you in advance.
Stephen Grooms
Stephen Grooms answered on May 15, 2020

They are illegal, it is a felony charge that carries up to ten years imprisonment. See statute below

SECTION 16-23-230. Unlawful storing, keeping, or possessing of machine gun, military firearm, or sawed-off shotgun or rifle.

It is unlawful for a person to store, keep, possess, or...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Went somewhere I wasn’t aware was private property and a police told me I was getting trespassed.

So, today I went somewhere that I wasn’t aware was private property. Anyways a couple minutes into being there, I was face to face with an officer. I was told I was being trespassed, but not being taken to jail. I just want to know if this goes on my record or if it’s just for their record in... Read more »

Stephen Grooms
Stephen Grooms answered on May 13, 2020

This is not a criminal citation, arrest or conviction and therefore it should not be entered on your criminal record. There is likely a report that the law enforcement agency took stating the warning you are being "trespassed" or essentially told formally not to come back. You can request... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If u get arrested in SC by an scdc officer he says u r on scdc property an u r not and tries to charge u with contraband

I was driving by scdc property an had tobacco an liquor in my car in a book bag and not on scdc property got pulled down passed the prison the scdc officer locked me up an charged me with contraband to an inmate how is tht legal

Ryan D Templeton
Ryan D Templeton answered on Apr 22, 2020

The SC contraband statute reads as follows:

SC Code § 24-3-950 (2013)

It shall be unlawful for any person to furnish or attempt to furnish any prisoner under the jurisdiction of the Department of Corrections with any matter declared by the director to be contraband. It shall also...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for South Carolina on
Q: If an inmate's case gets overturned while he's in prison shouldn't he get out of prison immediately?

His projected release date is still 13 years away on the scdc website.

Ryan D Templeton
Ryan D Templeton answered on Apr 22, 2020

It really depend on the basis for the case being overturned. In many cases the state will try the case again so bond has to be set to make sure that person shows up for the next trial.

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for South Carolina on
Q: This is kind of an odd question lol so prepare yourself.

I am a 16 year old girl and am constantly asked for nudes on social media sites like snapchat and instagram. I’m often offered money for said photos or videos. I don’t ever want to send my own photos so I started just looking up photos online and sending those photos in exchange for money.... Read more »

Stephen Grooms
Stephen Grooms answered on Apr 13, 2020

What you are doing is definitely not legal, I would strongly recommend you quit immediately and stop interacting with strangers on social platforms. There are a number of different federal and state criminal charges this could fall under (not to mention potential civil claims) and the people you... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for South Carolina on
Q: Can a landlord make you move out in 2 months and I'm disabled getting a SSDI check.

These people let me move in there house which has been empty for a year...The helped me out and only charged me $300 dollars for rent because my SSDI was not much.. I have been staying for about I months now.. I got a phone call telling me I had to move out in 2 months because they wanted to enjoy... Read more »

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

It really depends if there is a written lease. If there is a lease setting out a term (length of time) that the lease is valid for they cannot evict you before the end of that lease unless they have some cause to do so. If it is only a verbal lease it is normally presumed that it is a month to... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can I get a pro bono on a criminal case in sc
Ryan D Templeton
Ryan D Templeton answered on Mar 6, 2020

I would recommend that you reach out to the public defender's office in the County where you were arrested. If you are indigent you qualify for a free attorney.

2 Answers | Asked in Criminal Law for South Carolina on
Q: What is the maximum sentence for offence code 2655. Code/Ordinance Sec 43-35-0085(B).
Ryan D Templeton
Ryan D Templeton answered on Mar 2, 2020

43-35-85 (B) Provides:

Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully abuses a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.

The e and f reference in the statute refer to...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: 44-53-370 (D) (4) 44-53-370 (b) (1) What do these mean exactly as far as severity and or meaning.
Ryan D Templeton
Ryan D Templeton answered on Mar 1, 2020

370(b)(1) carries 0-15 years in prison and/or a fine up to $25,000.00.

370(d)(4) provides for the different quantities of drugs that establish if you are charged with possession or possession with intent to distribute.

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