South Carolina Criminal Law Questions & Answers

Q: How can a person have the same charge 3 times?

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Feb 19, 2019
Stephen Grooms' answer
From your description the charging agency appears to be alleging that on 3 separate occasions your friend distributed and or manufactured a controlled substance. This is often the case when they have been building a case over a period of time against a defendant. You friend should strongly consider hiring a criminal defense attorney as soon as possible

Q: My fiance is incarcerated In Tampa Florida. We posted bond. They found a misdameanor warrant for her in g

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Feb 3, 2019
Gary Kollin's answer
I have never heard of someone being extradited for a misdemeanor

Q: Are we in Admiralty law or common law. Cause our flags in our court room are gold fringed meaning Admiralty law

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and Military Law for South Carolina on
Answered on Jan 24, 2019
Timur Akpinar's answer
Courts today can apply elements of both types of law. It will come down to a matter of the type of case the court has subject matter jurisdiction over, so that if a federal district court is deemed to have admiralty jurisdiction over a matter, it will apply maritime law and the Federal Rules of Civil Procedure. However, our legal system does also embody common law, the notion of applying precedents established from earlier court decisions.

Tim Akpinar

Q: My fifteen year old is being charged with conspiracy because he knew but didn’t tell what do I do?

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for South Carolina on
Answered on Jan 21, 2019
John W. Molony's answer
Retain counsel as soon as possible. Contact a South Carolina criminal defense lawyer immediately to discuss this matter further.

Q: If I am charged with a crime do I supposed to have a preliminary hearing and if I haven't had one what does that mean?

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Jan 17, 2019
Stephen Grooms' answer
This is a question that needs to be answered by your attorney, it is possible that your charge has already been indicted and therefore the State doesn't have to provide you with a preliminary hearing.

Q: When you receive a registered letter from sc law what does that mean ?

1 Answer | Asked in Consumer Law and Criminal Law for South Carolina on
Answered on Jan 10, 2019
D. Nathan Davis' answer
Receiving a letter from SC Law could mean anything. You need to read the letter. If they want you to come in to talk to them, do not do so without first talking to an attorney. For some reason, you have been singled out. If there is any idea that you may be aware of or be the subject of a criminal investigation, you need to remember that anything you say can and will be used against you.

Q: I'm being harassed by phone from a south carolina resident and I live in P.a..what are my options for filing suit?

1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for South Carolina on
Answered on Dec 18, 2018
John W. Molony's answer
As a South Carolina attorney I cannot speak to the law in Pennsylvania. In South Carolina in situations where one feels threatened or in need of protection, one can seek either a Family Court Order Of Protection or a Restraining Order from a Magistrates’ Court. One would seek an Order of Protection through the Family Court in Order to restrain a family member, an ex-spouse, or a boyfriend or girlfriend they live with or even used to live with. One would seek a Restraining Order from a...

Q: My son was accussed of armed robbery with a concealed weapons he had no weapon and for trespassing

2 Answers | Asked in Criminal Law for South Carolina on
Answered on Nov 29, 2018
Stephen Grooms' answer
Your son is facing an incredibly serious charge, one that is considered a violent crime that carries a minimum of 10 years in prison. Depending on the facts of the case the victim's credibility may or may not be the determining factor in whether or not the State has enough evidence to win at trial. You would be wise to sit down with an experienced criminal defense attorney to get a complete analysis of what he his up against.

Q: What is the punishment for 3rd offense shoplifting? Also what would be the best case scenario for the defendant?

1 Answer | Asked in Criminal Law and Child Custody for South Carolina on
Answered on Oct 30, 2018
Stephen Grooms' answer
A shoplifting 3rd offense is a 0-10 year felony. The State must prove the prior convictions are proper enhancement convictions. For example whether or not she had an attorney could mean the prior conviction can not be used to enhance this current charge. Even if the necessary prerequisites convictions are in place, it seems like your mother has a fair amount of mitigating circumstances that could yield some leniency from the Court. That's assuming pleading guilty is in her best interests. I...

Q: How to proceed sled josh yallbourgh peed on me lost job

2 Answers | Asked in Criminal Law and Civil Litigation for South Carolina on
Answered on Oct 15, 2018
Daniel P Leavitt's answer
Not sure what you're asking here.

Q: person with no priors is charged w/ larceny, assault & battery, & resisting arrest as misdemeanors will they go to jail

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Oct 10, 2018
Stephen Grooms' answer
If he pleads guilty or is found guilty by a Judge or Jury on the charges described then he certainly could be sentenced to active prison time. For example Grand Larceny is a 0-5 year felony charge. Whether or not he is sentenced to prison time will depend on the facts, his past record, and alternative options available. I would recommend you contact a criminal defense attorney in your area to discuss his options, many attorneys will provide a free consult.

Q: If someone is facing 2 separate 3rd degree burglary 1st offence charges with a prior criminal history

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Sep 28, 2018
Stephen Grooms' answer
The charge of Burglary 3rd carries 5 years non violent time. However the last line here says charge was remanded to magistrate court, so it sounds like they may have plea bargained down to a misdemeanor.

Q: If held in county detention for 9 months and house arrest after awaiting trial, after being found not guilty,

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Answered on Sep 16, 2018
Gary Kollin's answer
You can always file suit, but that does not mean you will win

Q: My fiancé was arrested for fc bench warrant they sentenced to 30 days he’s asked for a pd but hasn’t talked to one yet

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Sep 14, 2018
Cheryl Ann Truesdale's answer
Your question doesn't state which county family court his child support case is in. You should obtain a copy of the court order from that hearing and then make an appointment with a lawyer who practices family law in that county and get advice. The lawyer will need to see the court order from the hearing as well as the court order that awarded child support and visitation.

Q: If a person with student visa F1 in USA proved guilty in Harassment Second Degree Case, what is his punishment?

1 Answer | Asked in Immigration Law, Criminal Law and Sexual Harassment for South Carolina on
Answered on Aug 29, 2018
Hector E. Quiroga's answer
It depends on the wording of the statute under which he was convicted, especially if the statute involves any type of physical harm. To know for sure, he’d need to consult with an immigration attorney familiar with the criminal statute under which the individual was found guilty.

Q: In 2014 I was arrested for a simple assault. This is the ONLY thing on my record. Can I get this expunged?

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Aug 29, 2018
Stephen Grooms' answer
Assuming your conviction was for a simple assault and battery in the state of South Carolina, you are eligible to have the conviction expunged if you meet the requirements. You would need to contact the local clerk or court where you were convicted to get started. If they do not help you, you can contact SLED.

The basic requirements are, you have to wait 3 years from the date of conviction, you have to have not been convicted of some other criminal offense during those 3 years, and you...

Q: Possibility for Conspiracy to Distribute Charges?

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Answered on Aug 8, 2018
Stephen Grooms' answer
Tell your friend that talking about selling drugs isn't a crime. You have to take some step towards selling in order to charge conspiracy. And while there is no statute of limitations in South Carolina for past felony acts, the likelihood that a person is charged years later for selling drugs, unless he was selling to a CI are highly unlikely. You can always call local law enforcement and ask them to check your name for warrants. I mean your friends name.

Q: Can you be charged with habitual traffic offender if your not operating a motor vehicle

1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Answered on Jul 26, 2018
Stephen Grooms' answer
The question is whether or not your conduct was "operating a motor vehicle" under 56-1-1020, 1100. While private property vs public roads is addressed in Habitual Offender related injury charges (56-1-1105) it isn't so clear under the general statute. However it does set a nice precedent for an attorney to work with. You should contact a local criminal defense attorney to have them look into the case law to see how the courts have treated cases with your fact pattern. There may be an attorney...

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