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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for South Carolina on
Q: I was caught and got two tickets one for 1) Fake Id and 2) Possession of Alc. in public. How should I go about this.

I am looking for a lawyer right now but I am interested if there is anything I can do prior to court to give me the best chance of getting both charges off my record in the near future. I am in college and have court on 11/18 and leave to go home to Pennsylvania 11/24. I am scared that because I... Read more »

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

It is always a good idea in a situation like this to reach out to an attorney near you. Many Solicitor’s offices around the state will allow you to complete a diversionary program while out of state.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hi I was charged back in 2018 with unlawful child neglect. I was sentenced to 9 months of probation.

My probation ends 10-13-2020. All fees and court cost have been paid. I wanted to inquire about expungement or having my record sealed. Is it possible and if so what are the steps I need to take

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Oct 11, 2020

Hello,

This offense is not eligible for expungement. Unlawful Neglect of a Child under the South Carolina’s Children’s Code is an offense that can result in a prison term of up to 10 years and/or fines decided at the court’s discretion.

For a conviction to be eligible for...
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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Litigation for South Carolina on
Q: A person i was staying with has stolen 9 of my exotic birds. police wont help say it is civil. civil court is back loged

she is deliberating hidding them, i am afraid i will never see them again. please help

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Oct 11, 2020

How did the woman come to obtain the birds?

Without knowing this, specifically whether you entrusted her with the birds and she refused to return them, whether she broke in to somewhere and took them without your permission or knowledge, etc., it’s impossible to examine whether there is a...
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1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Would misdemeanor assault and battery 2nd degree be considered a crime of violent under SC Code 16-1-60?
Stephen Grooms
Stephen Grooms answered on Sep 1, 2020

No, it is not a crime of violence per 16-1-60. It is considered a non violent crime, and while it is classified as a misdemeanor it carries up to 3 years in prison. So any conviction, regardless of the imposes sentence could impact your federal rights to own and possess a firearm.

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is the statue on this charge in SC?

Tampering with Food

Ryan D Templeton
Ryan D Templeton answered on Aug 25, 2020

SC Code § 16-3-75 (2012)

It is unlawful for a person to maliciously tamper with a human drug product or food item with the intent to do bodily harm to a person.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not...
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2 Answers | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: I was drunk entering jail didn't know I had a roach in my pocket which is very small amount of weed only trouble had dui

Was charged with bring in contraband I don't want go to prison what do I do

Stephen Grooms
Stephen Grooms answered on Aug 21, 2020

You should contact a local defense attorney, the chances of you going to prison over a roach are minimal, that being said an attorney may be able to help you keep this off your record.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: If charged with simple assault in South Carolina does that bar you from purchasing a firearm and does it expire?

Charge/code 0612 simple/ simple assault, charged in 4/2010, did not get response from application to purchase firearm, did not follow upon on why.

Ryan D Templeton
Ryan D Templeton answered on Aug 16, 2020

Simple Assault is a misdemeanor in S.C. that carries up to 30 days in jail so that would not prohibit you federally or under S.C. law from purchasing a firearm.

1 Answer | Asked in Criminal Law for South Carolina on
Q: My friend was recently pulled over, and drugs were found on him. Is it my right to ask to see the video of the traffstop
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 31, 2020

It depends.

Is it your right to be provided the video as part of the case? No. Discovery of all evidence the State has in its possession is the right of the Defendant and his counselor/attorney.

Is it your right under the Freedom of Information Act? Maybe, but probably not. Active...
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1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: If a person is being charged with attempted murder at a bail hearing are they supposed to give them the lowest bond

Because they give this man that know the police was looking for him and left the state to NC and got caught and picked up coming back into sc then they let his parent speak in court and not ours then the judge gave the man the lowest bond and a bracelet to be monitored to a nc home . There was no... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 13, 2020

Hello,

What you have described does sound appropriate to a SC Bond Hearing.

In all bond courts the Constitution requires a bond to be given to a defendant. Bond may only be denied, and that denial reviewed by a Circuit Judge, if a defendant presents an unreasonable and continuing...
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1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for South Carolina on
Q: I'm in spartanburg county need attorney advise for slander on false police report
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 10, 2020

I'm afraid I don't understand your question.

Slander is a civil matter in which someone defames you by verbal statement to others, knowing that the information that they have provided about you is wrong, with the intent to cause you harm.

A false police report is a...
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1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: If I am arrested for a crime a make bail and a person breaks into my house steals my car and vandalizes another car

Person breaks into my house and steals my belongings steals my car vandalizes my other car and physically assaults my girlfriend can I have him arrested

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 8, 2020

Yes, absolutely. Your pending charges have nothing to do with you being the victim of a crime.

You should immediately contact the police agency in the jurisdiction in which your home is located. They will begin the criminal investigation process, and take the next steps from there.

Best.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can non violent convicted felons in the state of South Carolina get there guns rights back?

I am a convicted felon with multiple felonies all are non-violent. I have no violent charges on my record. My charges are 13 years old and I'm looking to get my gun rights reinstated if possible In my state. Please help me with this.

Thanks for your time and consideration.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 8, 2020

Hello,

No, as a felon you may not own, possess, hold, handle, or fire a firearm. The issue is not whether the felony is violent or non-violent, as the vast majority of felonies are non-violent. This issue is the felony conviction at all. The only way to restore your firearms rights as a...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Can I be naked in a hot tub in my own backyard in SC if there is a possibility that I could be seen by neighbors?
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 6, 2020

Hello.

If your neighbors can see you nude, they can file a police complaint for Indecent Exposure. This charge is a misdemeanor, with potential penalties if one is convicted that can include fines and/or imprisonment. The length of imprisonment will vary per case, but the maximum sentence...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Does south Carolina have the prison release reoffender act like Florida
Ryan D Templeton
Ryan D Templeton answered on Jun 17, 2020

I am not sure what Florida has but if you are talking about enhanced penalties for persons recently released from prison SC has:

SECTION 16-1-120. Increased sentences for repeat offenders.

(1) When an individual, who was convicted of a Class A, B, or C felony offense or an exempt...
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1 Answer | Asked in Criminal Law and Identity Theft for South Carolina on
Q: Personal care worker stole my dad's bank info and opened a Paypal acct in her name. Is this identity theft?

PayPal verified my dad's acct by debiting .25 and then crediting the acct with .20 and then .05. I was quick to catch this bcuz as his POA I monitor the acct and he's been asking me to see if his stimulus check has been deposited. Although the money was taken out and put back in would... Read more »

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

Assuming that this occurred in South Carolina i would recommend that you reach out to your local law enforcement agency and file a report. This could certainty be considered breach of trust or even possibly exploitation of a vulnerable adult. A law enforcement agency would need to investigate to... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Why doesn’t my SC Public Records report match my SC SLED report?

My SC public records states I have 2 shoplifting charges and some seatbelt violations, however, my SC SLED report says I have a driving under suspension, 2 shoplifting charges, trespassing charge, false information to police...why does it not match?

Ryan D Templeton
Ryan D Templeton answered on Jun 14, 2020

When you say ‘SC Public Records’ if you are talking about a public index search you have to search each county where your may have been arrested as well as any municipalities that do not report to the county system. If you look at the SLED background check each charge should be linked to an... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If I paid for a state and federal attorney and get sentence for Federal prison, what happens to my money with state?

All my charges was drop with the state. Need to know do I get my money back from the lawyer I hired to handle my case if I got sentenced with the state.

Ryan D Templeton
Ryan D Templeton answered on May 30, 2020

The state and federal charges can stand alone so more likely than not the attorney that represents you on the state charges has still earned his fees in your case unless something was put into your retainer agreement.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have been charged with unlawful use of the 911 number it is my first offense I was also heavily intoxicated

I don’t remember calling the emergency 911 number

Ryan D Templeton
Ryan D Templeton answered on May 30, 2020

I would recommend that you speak to a criminal defense attorney about your options. There are diversionary programs that may be a fit for you and without hearing the actual 911 call no one can get you a good idea of what to expect out of this case.

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 »

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