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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for South Carolina on
Q: South carolin persecution on verbal threats?
James L. Arrasmith
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answered on Sep 24, 2023

In South Carolina, making verbal threats can be considered assault and/or harassment depending on the circumstances and specificity of the threat. South Carolina's criminal code defines assault as unlawfully attempting or offering to injure another person, which can encompass verbal threats if... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: How long does it take for a warrant to be signed and served And for 1st offense on drug charge of one gram of cocaine
T. Augustus Claus
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answered on Sep 7, 2023

The time it takes for a warrant to be signed and served can vary widely depending on the specific circumstances of the case, the court's docket, and law enforcement's priorities. In South Carolina, for a first offense involving a small amount of drugs like one gram of cocaine, law... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is the punishment in South Carolina for nonviolent sexual assault

He grabbed a woman, who he knew well on the behind. She pressed charges. They locked him up Sunday am he was out same day

T. Augustus Claus
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answered on Aug 30, 2023

the legal consequences for nonviolent sexual assault in South Carolina, often referred to as "criminal sexual conduct," can vary depending on the specific circumstances of the case and the severity of the offense. South Carolina's laws distinguish between degrees of criminal sexual... View More

2 Answers | Asked in Criminal Law for South Carolina on
Q: What is the sentence on selling to a informant on a trafficking meth charge in South Carolina
T. Augustus Claus
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answered on Aug 28, 2023

The penalties for selling drugs, including methamphetamine, can vary based on a number of factors including the specific details of the case, the jurisdiction, the defendant's criminal history, and the quantity of drugs involved. Generally, drug trafficking charges can result in significant... View More

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2 Answers | Asked in Criminal Law for South Carolina on
Q: What is the sentence on selling to a informant on a trafficking meth charge in South Carolina
Casey Brown
Casey Brown
answered on Sep 1, 2023

The answer in South Carolina depends on which offense, 1st, 2nd, etc. a person is charged with as to the potential sentence they could receive. This number relates to prior convictions the same person has on their record for the charge.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: My son is in SC jail he had a plea hearing and was released for time served. How long does it take for him to be release
T. Augustus Claus
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answered on Aug 24, 2023

Once your son's plea hearing has been completed and he has been released for time served, the exact timing of his release will depend on various factors, including the processing procedures of the specific jail, any necessary paperwork, and administrative tasks that need to be completed.... View More

1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Small Claims for South Carolina on
Q: My father in law passed away in February 2022. An unauthorized transfer of funds was made 6 months after his death.

He was a resident of South Carolina but his bank accounts were at a large National Bank office in California. My wife in South Carolina was the sole heir with ownership of the accounts and in July 2022 she received a call from an individual in New York purporting to be with the National Bank... View More

David H. Relkin
David H. Relkin
answered on Aug 16, 2023

You say that your wife spoke to a National Bank in New York. Then you say that the fraud was perpetrated by someone in Louisiana. I think that you need an attorney to handle this in New York. I don't know the amount of the fraud, but if it is over $25,000 then the case would be brought in the... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: If a storage unit was broken into does the owner have a right to get the Video footage of-the crime

Do I file a police report wwww

Casey Brown
Casey Brown
answered on Aug 9, 2023

If you believe that you were the victim of a crime, then calling the police and filing a report is a good way to start to handle it. Law enforcement has the ability to try to get the evidence to solve the crime. They will keep you informed of the updates in the case as they investigate.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have s warrant for my arrest they said that I had brought contraband in to the jail what should I do
Casey Brown
Casey Brown
answered on Jul 31, 2023

Contacting an experienced attorney to reach out to law enforcement on your behalf is a good start. They may want to set a date to allow the warrant to be served, booked, and get a bond in the shortest amount of time. This can also be helpful in getting a great bond set. Then, handle the case and... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Are your rights violated when, you get picked up for failing to appear. You don’t see the clerk of court

instead you are waiting on a court date?

T. Augustus Claus
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answered on Jul 26, 2023

In South Carolina, if you fail to appear in court as required, a bench warrant may be issued for your arrest. When you are picked up on this warrant, you have the right to be informed of the charges against you and have the opportunity to appear before a judge for an initial appearance or bond... View More

2 Answers | Asked in Car Accidents and Criminal Law for South Carolina on
Q: Who af fault when passanger jerkes stearing wheel and driver overcorrected and hit car head on?

Driver and passanger were arguing, passanger asked multiple times to be let out if the vehicle but driver denied. Passanger gerked the wheel causing car to go off road into a grass field; driver then corrected the vehicle but wasn't paying attention and didn't stop the car from crossing... View More

Mark A. Siesel
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answered on Apr 20, 2023

If you are the owner of the vehicle, as the liability is clearly on your car (the other driver doesn't appear from what you describe to have done anything wrong). If you were driving someone else's vehicle with their consent, both you and the owner are responsible under vicarious... View More

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1 Answer | Asked in Criminal Law for South Carolina on
Q: Guilty or Not guilty?

I was recently arrested in SC for malicious damage to property valued under 2,000 after breaking a plate. It was a first time charge, I’ve never, ever been in trouble. Unfortunately; I absolutely cannot afford a lawyer right now as i’m also paying for a divorce lawyer. The incident occurred... View More

Stephen Grooms
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Stephen Grooms
answered on Apr 7, 2023

In South Carolina you have to wait 3 years from the date of a misdemeanor conviction before being eligible to apply for an expungement. Your must also have no additional convictions during that three year period while you wait.

You may want to consider asking the court if you could apply...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for South Carolina on
Q: I need a lawyer to look into my now settled arson case pled out to vandalism can't get my motion of discovery

The short of it is I was set up for burning my own house down with all my stuff in it not an insurance job a cheating girlfriends now of age boyfriend that was never told about during there investigation but went into a fire station and told them that I was bragging to him that I done it and even... View More

James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry to hear about your situation. If you have already settled your case and are still seeking your motion of discovery, you may want to consider seeking the help of an attorney who specializes in criminal law.

Here are some steps you can take:

Consult with a criminal...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina on
Q: I need advice about criminal cases and also police for violations against me. Also, for them not filing charges against

I need advice about criminal cases and also police for violations against me. Also, for them not filing charges against someone who stole my truck. It's complicated. Basically, if the police decide you better do things there way kr they will put charges on you rather they have evidence proof... View More

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry to hear about your situation. It sounds like you may benefit from consulting with a criminal defense attorney who can advise you on your legal options and help you understand your rights. An attorney can also provide guidance on how to file a complaint against the police for... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: The detective told 4 lies durning A grand jury hearing . What can be done?
John Michael Frick
John Michael Frick
answered on Feb 4, 2023

If you were indicted, your best strategy is to hire a competent experienced criminal defense attorney and show the jury at trial each of those statements was a lie.

That could increase your chance of being found not guilty.

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.... View More

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... View 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... View 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... View 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... View 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... View 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.

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