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South Carolina Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I'm a first time offender reasonably what am I looking at facing in court?

I was charged with a hit and run. There was minimal damage done to either vehicle. This is my first offense. There were also issues in the police report. Officially it was claimed that I hit an unattended vehicle and there was there were people in the car when it happened. Am I facing looking fines... Read more »

Stephen Grooms
Stephen Grooms answered on Feb 26, 2020

If no one was injured and the damage was minimal then the Hit and Run charge is likely a misdemeanor charge carrying up 30 days for an unattended vehicle or up to 1 year in prison if the vehicle was occupied and property damage was the result. No ethical attorney can tell you what the sentence will... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: do you automatically get jail time if you’re a first timer with two felonies? assault 1st degree. burglary 1st degree.
Ryan D Templeton
Ryan D Templeton answered on Feb 26, 2020

If you are in fact convicted of Burglary 1st degree the minimum sentence is 15 years. That being said depending on the facts your attorney may be able to get a plea to a lesser charge that does not carry minimum jail time.

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1 Answer | Asked in Criminal Law and Sexual Harassment for South Carolina on
Q: what would the charges be if a 17 year old is raped by three college students? victim was intoxicated before the assault

marijuana was involved, but it was the victims.

Stephen Grooms
Stephen Grooms answered on Feb 24, 2020

In South Carolina age 17 is considered to be an adult in terms of engaging in sexual activity so her age alone will not result in a potential criminal charge, but if she was voluntarily intoxicated to the point of being "mentally defective, mentally incapacitated, or physically helpless"... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for South Carolina on
Q: I got a ticket for shoplifting today and have several questions

There is some information on the citation that is incorrect. My birth year is incorrect. There is a court date set, but the ticket has NO circled when it asks if a court date appearance is needed. It is my first offense, and I don't want this on my permanent record. I know it was stupid, but I... Read more »

Ryan D Templeton
Ryan D Templeton answered on Feb 19, 2020

I would recommend contacting an attorney in to area to talk about the options. There are diversionary programs that could apply to you to ultimately have you case removed from your criminal record. If you cannot afford a private attorney the public defenders office is available to you as well.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Help I'm confused

My fiance got arrest a week ago for a failure to appear for 2011 but he did time and even got a public defender and released on bond but when you look in the public index it only shows up a charge that happened in 2005 but got dismissed. I don't understand why there was a warrant for a failure... Read more »

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

When someone does not show up for court a bench warrant is issued and the case is administratively removed from the docket and may be listed as dismissed or FTA(failure to appear). All this means is the case is removed from the docket of active cases until the person is picked up on the bench... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have a court date and my pd says she has not recieved the motion of evidence. What does this mean
Ryan D Templeton
Ryan D Templeton answered on Feb 14, 2020

Nothing is going to happen in your case u til your attorney gets discovery. Just do exactly what your PD tells you to do.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for South Carolina on
Q: I'm 1995, was convicted of murder in Union County, South Carolina.

Agree months ago, the victims family members wrote The Solicitors Office, The Clerk of Court, and The Department of Probation, Parole, And Pardon Services asking them to please release do to mercy /clemecy. Other members of The community also wrote The Department. No answer or response has been... Read more »

Stephen Grooms
Stephen Grooms answered on Feb 14, 2020

To be blunt, they do not have to answer the letters or open any investigation into a closed case for the reasons given. A judge and jury heard the case in 1995 and a decision was made. Reducing a sentence on the grounds that the interested parties now want mercy is not going to be possible without... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: what is the bond for a first offense weapons sale possession By certain persons stolen gun
Ryan D Templeton
Ryan D Templeton answered on Feb 14, 2020

There is no set bong amount on criminal charges. A magistrate must take into account risk of flight and danger to the community to craft an appropriate bond.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I agreed to and completed a diversion for domestic charge. When will this be finalized with the court?
Ryan D Templeton
Ryan D Templeton answered on Feb 14, 2020

Based on your question I would assume that you are talking about Pretrial intervention (PTI). If that is the case you just need to reach out to the solicitors office and ask them this question to see how long it takes them to process everything once you finisg all requirements. Regardless it should... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: How can I look up a general sessions trial roster from December 2019
Ryan D Templeton
Ryan D Templeton answered on Feb 14, 2020

Every county in South Carolina post the trial docket differently so you would need to either contact the solicitors office, Clerks office, or one of those agencies websites to find the docket.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can I buy a firearm if I plead guilty to distribution of cocaine?
Stephen Grooms
Stephen Grooms answered on Feb 13, 2020

You can always buy a firearm if someone is willing to sell it to you. The question is will your possession of that firearm be an illegal act. Distribution of Cocaine is a felony in South Carolina, but you will not be restricted from owning a firearm under South Carolina law as this is not an... Read more »

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