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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for South Carolina on
Q: is 16-15-355 a tier 1 or tier 2 offense? i can not find any info in south carolina law.

trying to find out what tier this crime falls under. i was charged in 1997 for it. trying to find out when i can apply for removal from registry and it depends on what tier..

Casey Brown
Casey Brown
answered on Sep 26, 2022

The answer would depend on what day of 1997 the person began registering. This is a tier II offense and the person must wait 25 years from the start of registration to apply for removal since the Powell v Keel case and the law change in May 2022.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can evidence collected from someone's home in south Carolina be field tested out of the accused person sight
Casey Brown
Casey Brown
answered on Sep 26, 2022

Assuming that law enforcement had the right to obtain the item(s) from a home, it depends on the type of item seized. In the example of alleged narcotics, law enforcement must send it to a lab for testing. Field testing also depends on the alleged item seized. Even if an item is field tested it... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: I've had pending charges for possession of class 1and 2 for over a year with no Court date scheduled.

I've been to first and second appearance haven't entered a plea and no further Court date my public defender has been no help I don't think the state has ever given me my disclosure or Brady even thought it was requested . Is this reason to request for these charges to be dropped

James Thomas
James Thomas
answered on Sep 3, 2022

The delay - not likely. With COVID backlogs still being worked through, a delay of over a year is pretty par for the course. If they haven't given your lawyer discovery - maybe, that's a question you should ask them.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Two first offense simple possession drug charges. Condition of bond home detention gps.

What is the quickest way to get the ankle monitor off?

James Thomas
James Thomas
answered on Aug 8, 2022

It depends on the jurisdiction, but generally your lawyer would need to file a motion to modify your bond conditions to remove the HD/GPS requirement. If you are eligible for a diversion program like PTI and you want to go that route, your lawyer might be able to get the Solicitor's office to... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Can I answer no to the question listed below if I was arrested and charged with a misdemeanor? No conviction occurred.

"Have you ever been convicted, pled guilty or pled nolo contendere to a felony of any kind or to a non-felony crime involving drugs or moral turpitude?"

I was charged with a misdemeanor for shoplifting. I completed PTI and was never convicted and never plead guilty. I then had the charge expunged.

Stephen Grooms
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Stephen Grooms
answered on Jul 21, 2022

The answer to your question is "yes". You can state that you have never been convicted, assuming this is your only criminal court case. PTI is not a conviction, it is a diversion program that allows you to resolve your charge without going to court and entering a plea.

Best of luck

1 Answer | Asked in Criminal Law for South Carolina on
Q: What has to be proved to convict someone up first degree burglary
Casey Brown
Casey Brown
answered on Jun 23, 2022

In SC the State has to prove each of these elements of first degree burglary:

1. entering a dwelling,

a. without consent AND

b. with the intent to commit a crime

c. at night or remaining there until nighttime

or

c. by a person with a prior record of...
Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law for South Carolina on
Q: is there a maximum age one can be called for jury duty in south carolina?

i am 71 years old. i have served jury duty 16 times in my lifetime. can i be called again?

Timothy Denison
Timothy Denison
answered on Jun 22, 2022

No. No maximum age. You can be called again.

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Can someone be rightfully charged with burglary 1st at the same address he lives at?

If my boyfriend and I live in the home and he comes and goes freely tho he lives in a dwelling on the property ..... Can the owner of the home rightfully push the charges of burglary? Even though he comes and goes and washes his clothes and makes his meals in the home bc his dwelling don't... Read more »

Casey Brown
Casey Brown
answered on Jun 22, 2022

An ownership interest in the dwelling will not preclude a conviction of burglary as a matter of law. The jury would have to determine under the totality of circumstances if the defendant used the dwelling in such a manner that it could be said to be his/her home. The test will be if under the... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hello, I'm inquiring about a friend who got arrested on charges of meth distribution.

Hello, I'm inquiring about a friend who got arrested on charges of meth distribution. The person my friend was hanging out with has been an offender on multiple charges in the past and had meth in possession at the time of the arrest. Even though my friend doesn't deal in drug... Read more »

Casey Brown
Casey Brown
answered on Jun 22, 2022

It may be a case of actual v constructive possession. The issues will depend on why law enforcement was there, what rights they had to enter the premises/vehicle, where the alleged narcotics were found, and under what circumstances.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How do I get a cdv misdemeanor 1st degree charge in Ohio sealed or expunged

It was in 2002 and I’ve never had a similar charge, I’d like my second amendment rights back

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Jun 17, 2022

Unfortunately you can’t, absent a full pardon by the Governor of the State of Ohio; sealing or expunging the arrest does not vacate or remove the underlying conviction, which is entered into the National Criminal Information Center (NCIC), the computerized index used to screen for firearms... Read more »

3 Answers | Asked in Criminal Law for South Carolina on
Q: Is there a statue of limitations on financial identity theft in SC?
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on May 24, 2022

Under South Carolina Law, there are no criminal statutes of limitations.

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2 Answers | Asked in Criminal Law and Immigration Law for South Carolina on
Q: Will I have trouble in the airport?

Me and my friend made a terrible mistake trying to steal from Walmart. They called the police and the police wanted to schedule the court for May 19. We had flight tickets (we are international students) to go home in the next week so they somehow could hold the “court” right there at the... Read more »

Stephen Grooms
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Stephen Grooms
answered on May 3, 2022

It sounds like you may have been issued a citation for shoplifting or petty larceny and plead guilty or no contest. If this is the case then that is a criminal misdemeanor charge, but it can also be classified as a crime of dishonesty. Both could impact your immigration status.

If you were...
Read more »

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1 Answer | Asked in Criminal Law for South Carolina on
Q: I'm trying to get my son a mental evaluation and possible commital, he's 19 and currently in jail
Richard W. Noel
Richard W. Noel
answered on Feb 11, 2022

I can't speak to your jurisdiction, but in mine, the attorney generally has to bring these issues up in court to have them order a mental evaluation by doctors. Even then, the attorney has to believe the Defendant won't be able to help participate in his own defense. Otherwise the jails... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can a person be taken to trial for armed robbery, if the monies was returned before the trial..
Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

Of course. Returning the money doesn't undue the crime of robbery. It might help at sentencing though if your attorney can use it to demonstrate remorse.

1 Answer | Asked in Criminal Law, Antitrust and Civil Rights for South Carolina on
Q: Is it against the law for a officer who wasn't at the incident on scene to write a false statement as if he was there?

The officer who wrote the incident report in my case wrote it out like he was there the whole time, which isn't true.

Also the inital thing I was being pulled over for was damage to personal property. i was charged with traffecking meth, possession of weed and ecstacy. Although I... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 17, 2022

Officer cannot write false statements. On the other hand this is personal to you and I would suggest that you have someone else, perhaps a lawyer you might hire, review the reports and see if his review reaches a conclusion which is the same as yours.

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for South Carolina on
Q: I've been trying to get through the accusations of taking a firearm or stealing from a member of the family....

At the time of question I was at my father's residence for a period of maybe 4-6 days continuously due to personal relationship issues and differences. My dad's cousin came over daily and intoxicated heavily. He left residence and later on accused me of stealing his gun after he had left... Read more »

Roy Willey
Roy Willey
answered on Jan 1, 2022

It is unclear what type of help you are looking for here based on the topics selected. However, one option that you might consider is filing a police report if you are being followed, harassed, or repeatedly contacted after asking for it to stop. No one should have their mental health damaged... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: in south Carolina in 2011 plead guilty to a 44-53-0420 CDR code 0027. i was thinking in 2011 this was a misdemeanor ?

years ago i asked a lawyer and he also told me it was a misdemeanor. can you verifly in 2011 did i plead guilty to a misdemeanor or a felony >

Ryan D Templeton
Ryan D Templeton
answered on Dec 11, 2021

In order to answer this question I would need more information. That particular code section has two different sections. Under the (A) section, depending on the underlying charge that you were convicted of conspiring to commit that could be a felony but the penalty would be one half of the... Read more »

1 Answer | Asked in Family Law, Criminal Law and Child Custody for South Carolina on
Q: What is the best type of attorney for a DSS/CPS case? Family law seems too broad...

I need an affordable attorney that has experience dealing with and winning cases with DSS involvement. I need to know exactly what my rights and options are.

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Dec 2, 2021

You can ask any attorney you consult with about how much experience they have defending DSS cases.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Municipal Law for South Carolina on
Q: Is there a statue of limitations for simple possession in SC?

The cops came to my house on Wed. 11-17 with a search warrant looking to find a large amount of marijuana. They found a roach. My girlfriend said it was hers so they gave her a ticket for simple possession. They then told me I had to go to the police department Mon. 11-21 because they wanted to... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Nov 21, 2021

Is there a statue of limitations for simple possession in SC?

No. There are no statutes of limitations on criminal offenses in South Carolina.

Can they really come back to the house and arrest me?

Yes. In South Carolina we have two types of possession, constructive and...
Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Second offense Pwid less than 3 grams ...what is the sentence in South carolina???
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Nov 15, 2021

3 Grams of....

What?

In South Carolina, Drug Crimes are specific to the substance. Without this information we cannot give you an accurate sentencing range.

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