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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for South Carolina on
Q: If someone has already done time for shoplifting enhanced and 3 years later, charged with the same thing will go to pris

I think he's done time 3 different times for shoplifting . Last was 10 years . Is he going back to prision?

Ryan D Templeton
Ryan D Templeton
answered on Jan 26, 2023

There is no absolute answer to this question but this charge carries up to 10 years in state prison. It is important to discuss your case with an experienced criminal defense attorney that can break down the particulars of your case.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for South Carolina on
Q: Hi, what would be the most common reason for this? I never resisted or assaulted anyone, I'm completely unknowledgable

I don't understand why I would be served this?

Casey Brown
Casey Brown
answered on Jan 23, 2023

More information is needed to answer your question. What were you served with, an arrest warrant, a subpoena, a civil lawsuit for damages?

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can an officer pull u over and test a pill and weed tell u that they aren't charging you for it only gives the person

A dus and let them go but comes back a month n half later to serve a warrant with the whole narcotics team. Inst that like double Jeopardy

Casey Brown
Casey Brown
answered on Jan 23, 2023

The first question is Did the officer have a right to stop the vehicle. Then, the issue is how did they find the alleged substances. They should not be tested these substances roadside. But it is possible to charge the person later with a warrant for arrest though problematic for the prosecution.... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If someone said that he will handle things in the worst possible way is that considered a crime in Horry County, SC
Casey Brown
Casey Brown
answered on Jan 6, 2023

The answer would depend on the specific facts and circumstances surrounding what was said. I would say more information is needed to answer the question.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for South Carolina on
Q: If I have completed Pti and paid for my expungement, can they still drug test me

I am currently waiting for the completion of my expungement letter to come in but I also have an over the phone appointment with my Pti counselor, so I was wondering if she could ask for a drug test to interfere with anything because I have already taken a delta dummy from the Vape shop and will... Read more »

Casey Brown
Casey Brown
answered on Dec 14, 2022

The typical process is that you complete PTI, then they send a letter to your prosecutor who then dismisses the case. Then you can apply (with a fee) for an expungement of the arrest from your record. Once PTI is completed you should not have any appointments. If PTI has not been completed they can... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for South Carolina on
Q: What does sc "Highway rights Of Way"(SC section 61-4-110) mean? This is in open container stature.

I was not pulled over by officer or on a highway of any type. I had an empty container in my car in the trash bag in car . I was cited with violation of open container statue. I had pulled off highway to turn into a motel for night, as I was moving. It was one am and I was extremely tired. My car... Read more »

Casey Brown
Casey Brown
answered on Dec 14, 2022

SC Highway Right of Way is the side of the road that is next to the highway. The distance from the highway, other structures or nature, as well as whether that location is within a municipality would determine if a vehicle is within the right of way of the highway. You may want to consult an... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If I broke a person's door and told them stop giving my child drugs what charge should I receive

He said I broke the door then entered but then I turned around and left, there was no threats at no other crime commited

Casey Brown
Casey Brown
answered on Dec 14, 2022

It would depend on more facts and circumstances from the alleged incident, but a person could be facing a range of charges from malicious damage to personal property up to potentially a burglary. Again, it would depend on the facts of case. Speaking to an attorney as soon as possible would be... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for South Carolina on
Q: What are the stipulations to mutual combat in the state of south Carolina?

If two consenting adults agree to engage in mutual combat under supervision of a referee in an enclosed area and all guidelines were met eg.. both parties agree, understand the engagement rules, and agree to end the fight upon a retreat or the inability to continue could legal proceedings occur?

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Nov 12, 2022

Yes, both parties may be charged pursuant to S.C. Code Statutes regarding assault and battery.

Only fights authorized by the SC State Athletic Commission, a division of SC Labor Licensing Regulation, are immune from application of the SC Codes punishing assault and battery.

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
PREMIUM
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
PREMIUM
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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