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South Carolina Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for South Carolina on

Q: If you have a warrant for a vop in florida on a felony . it has been a year and a half and a cop runs your id

And the cop runs your id will the warrent come up and if it does will they bring you back to florida

Cayley Turrin answered on Sep 13, 2019

It could and it depends on how far florida will extradite you for. Warrants will pop up as extraditable or not extraditable.

1 Answer | Asked in Criminal Law for South Carolina on

Q: Can I press assault charges on an 12 year old

My son 12 years old got stabbed in the hand by a girl in his class, she drew blood and lead is still stuck deep in his hand. The principal tried to brush it off as horse playing. My son was not playing.

Can I press charges here in Greenville, SC

Gary Kollin answered on Sep 12, 2019

Why are you asking here instead of having reported it to the police?

1 Answer | Asked in Criminal Law for South Carolina on

Q: If i violated my probation and sentenced to 90 days in the county jail in S.C. do I receive good time for time served

Ryan D Templeton answered on Sep 10, 2019

You should receive credit for good time while in the county jail.

1 Answer | Asked in Criminal Law for South Carolina on

Q: Can a DNA sample be sent from police evidence to a lab and back 4 times and the chain of custody not be questioned?

Ryan D Templeton answered on Sep 10, 2019

The chain of custody of any evidence can always be called into question but normally with out a failure of the state to call the necessary witnesses the evidence will be admitted into evidence. It is up to a good defense attorney to make sure to bring those issues to the jury to call that evidence... Read more »

2 Answers | Asked in Criminal Law for South Carolina on

Q: I was question about an incident and the investigator stated a DNA sample was required. Nothing to hide I complied.

Question is were my rights violated?

Gary Kollin answered on Sep 8, 2019

No. You agreed and you were not coerced.

Retain an attorney NOW

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1 Answer | Asked in Criminal Law for South Carolina on

Q: A detective came to my home. Asked me quetions about a robbery. Asked me about a car a had 10 years ago.

Asked about where i work   Took a pic of my address on my porch. Asked about my hair and facial hair. Asked me is i had any guns. Answer no.  Then he gave me his card and said he would be in touch. Whats nexr and what should i do. The crime in question happened around 9pm and im usually i bed... Read more »

Gary Kollin answered on Sep 8, 2019

You should not to speak to the detective until you consult with a lawyer

1 Answer | Asked in Criminal Law for South Carolina on

Q: I am on probation in Greenville SC. I was put on PTUP. My probation officer told me I had to pay everything

Restitution, supervision, court cost, probation fund what needs to be paid

Ryan D Templeton answered on Sep 5, 2019

In order for your probation to terminate all monies owed may be paid. This includes restitution, court costs, supervision fees, and any other fees that have been assessed by probation(drug test, etc.)

1 Answer | Asked in Criminal Law for South Carolina on

Q: I need a criminal defense attorney to halt extradition to S.C. from CA on a custodial interference charge.FromColumbiaPD

My brother is held on fugitive hold because he flew from S.C. to CA with his son. They were never married and the mom is not fit to raise the child

In fact rather than return the child to the mom CPS got involved thank goodness and I believe the grandma now has the child. How can I stop... Read more »

Gary Kollin answered on Sep 4, 2019

There is no jury trial for extradition.

You need to get a lawyer in California to fight the extradition and a lawyer in SC to try to get the prosecutor to drop all charges

1 Answer | Asked in Criminal Law, Municipal Law and White Collar Crime for South Carolina on

Q: Can you be charged with burglary 3 in general sessions and burglary 3 in municipal Court at the same time.

I went to go look at my charges and they have them listed like that and one of the charges doesn't have an case number {inditemsnt number}. What does this all mean?

Ryan D Templeton answered on Aug 31, 2019

If you are looking at the charges on the public index it is more likely than not that one is an entry from bond court/prelim court which is in magistrate court and the second entry is the actual pending charge in general sessions court.

1 Answer | Asked in Criminal Law for South Carolina on

Q: can police approach a (engine off) vehicle in walmart parking lot and question you citing "slumped over wheel" as cause?

I was sitting in walmart's parking lot in my car with engine off, looking at my cell phone when police approached me and asked me to exit the vehicle then requested permission to search my car which I refused. they then brought a canine out and even though he didn't get a hit on the car, they... Read more »

Gary Kollin answered on Aug 31, 2019

There is a thing called a personal safety exception. There are many nuances. Google gor research

1 Answer | Asked in Criminal Law for South Carolina on

Q: How many time getting pulled over can I call it harassment ?

By the same officer I have gotten pulled over more then five times in last two weeks and I have done nothing wrong

Gary Kollin answered on Aug 30, 2019

And why havent you been recording this with your phone and a go xameta

2 Answers | Asked in Criminal Law and Federal Crimes for South Carolina on

Q: Can my boyfriend be charged with trafficking if he was never in the house where the drugs were found.

Ryan D Templeton answered on Aug 20, 2019

The short answer is yes but it really depends on the facts of the case and the evidence that law enforcement has to prove trafficking.

The South Carolina Code of Laws Section 44-53-370 (e) provides: "(e) Any person who knowingly sells, manufactures, cultivates, delivers, purchases, or...
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1 Answer | Asked in Criminal Law for South Carolina on

Q: How long can someone sit in jail awaiting trial in sc

Stephen Grooms answered on Aug 19, 2019

There is no set time, someone can sit for as long as the State takes to call the case to court. The only ways to speed up the process is for him/her to file a motion for a speedy trial or often times filing a motion for a bond reduction due to an unreasonably long pretrial incarceration can help... Read more »

1 Answer | Asked in Criminal Law for South Carolina on

Q: If a 17 year old got pregnant by a 26 year old in SC would he get in trouble for signing the birth certificate

Ryan D Templeton answered on Aug 6, 2019

The age of consent in the State of South Carolina is 16. Therefore, so long as all sexual contact between the 17 year old and the 26 year old occurred after she turned 16 it would not be criminal sexual conduct with a minor (some states call this statutory rape).

1 Answer | Asked in Criminal Law for South Carolina on

Q: I was convicted of third-degree burglary why do I have to get CVO on my driver's license

Ryan D Templeton answered on Aug 6, 2019

South Carolina State law (Section 56-1-148)requires that the DMV place a code on the drivers license or identification card of any person that has been convicted of a crime of violence. Burglary is defined as a crime of violence under South Carolina Law(Section 16-23-10(3))

1 Answer | Asked in Criminal Law for South Carolina on

Q: What is the SC penalty for carrying a concealed weapon, with a CWP, into a restaurant with a no gun sign displayed.

Ryan D Templeton answered on Aug 6, 2019

SC code section 23-31-215(M) provides that:

"A permit issued pursuant to this section (CWP Section) does not authorize a permit holder to carry a concealable weapon into a:

(10) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises...
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2 Answers | Asked in Criminal Law, Car Accidents and Small Claims for South Carolina on

Q: Is it legal to take a picture of someone’s license plate at work? It’s for a hit and run I’m a victim of

A coworker hit my parked car and didn’t report it or give me her information and I want to take a picture of her license plate at work to proceed.

Gary Kollin answered on Jul 19, 2019

It is legal to take photographs of things in public

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1 Answer | Asked in Criminal Law for South Carolina on

Q: Can a 17 year old get in trouble with the law in any way for beating up a 21 year old.

Taylor C. Hartley answered on Jul 9, 2019

Short answer, yes. This most likely would be assault. Depending on how severely the other person was beaten (or if a weapon was used), it could be an aggravated assault. But because this is NC law, it may be slightly different what the actual charge is, but the basics should be the same.

2 Answers | Asked in Criminal Law for South Carolina on

Q: Hi. I'm researching through files in my brother discovery. And it's a witness statement that wasn't used at trial. I

I would like to know what remedies can I use? Note he's exhausted all appeals and through due diligence this testimony was found.Also this testimony will change the out come of his case

Stephen Grooms answered on Jun 28, 2019

This is a very specific type of law, what you need is an experienced "Post Conviction Relief" attorney. If you can't find one in your area try contacting the South Carolina Bar at 803 799-7100.

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