Lawyers, Answer Questions  & Get Points Log In
South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: If the judge asks, do I tell them that me and the defendant have had contact even if it’s court ordered not to?

Me and my boyfriend got into an argument, and he grabbed me and I bet him to get him off of me. And he had 2 bite marks on him. He called the cops and I spent the night in jail for third degree CDV. One of the court orders was to not have contact with him until the court date. But we have had... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Apr 8, 2021

Hello,

Yes; if the Court asks you a direct question, you must answer the Court truthfully. If the Court discovers that you are lying to it and the presiding judge, you can be held in Contempt of Court, which under South Carolina Law means you can be jailed or fined in an amount determined...
Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: During a traffic stop if any drugs are found do they have to let me see and test in my presents
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Mar 23, 2021

Hello,

No. During a traffic stop, if suspected narcotics are found, you have no right to have the drugs tested in your presence.

The type of test you are talking about is called a NIK Drug Test, in which a sample of the drug is placed in a bag with chemical reagents that react with...
Read more »

1 Answer | Asked in Public Benefits and Criminal Law for South Carolina on
Q: Can a defendant ask the state to have the evidence retested and split substance content?
Ryan D Templeton
Ryan D Templeton answered on Mar 18, 2021

Normally the state is not going to retest a substance unless the solicitor wants that done for some reason. That being said, you/your attorney can hire an expert to independently test the substance and file a motion with the court to have the item turned over to the expert for testing.

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Can someone be violated BC of non payment to the probation office?
Stephen Grooms
Stephen Grooms answered on Mar 18, 2021

Absolutely, payment of fines, fees, and any restitution ordered by the Court are all conditions of successfully completing probation. Therefore non payment could be grounds for violation.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can drug trafficking be expunged
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Mar 10, 2021

Hello,

Trafficking is not eligible for expungement in South Carolina.

The only recourse you would have at this time is to petition for a pardon through SCPPP, and if it were approved and the Governor granted a pardon, then the charges could be expunged.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How long can one county hold someone they picked up for a misdemeanor warrant in another county?

Police came to my house and looking for my husband and arrested him with a property damage warrant from the county 2 1/2 hours away. How long does the other county have to pick him up until he has to be released?

Also, will he be released with a fine when he sees the judge when he gets to... Read more »

Ryan D Templeton
Ryan D Templeton answered on Mar 2, 2021

In normal circumstances he cannot be held for more than 24 hours before being picked up or a bond being set. That is assuming that this is the first time that he is being arrested and this is not an arrest on a bench warrant.

2 Answers | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Hello I am charged with DV2nd and I have a criminal record felony and around 2000 I was charged with CDV

My wife was also charged with DV2nd and she has got a plea deal in the mail my solicitor wont even tall to me we both my wife and I signed a document stating we wanted to drop the charges but my solicitor want even talk to me I am worried I really sont have the money for a attorney

Ryan D Templeton
Ryan D Templeton answered on Feb 28, 2021

Most attorneys that do criminal work give free consultation. It would be good to go speak to an attorney in your area about your situation. If you cannot afford an attorney the public defender may also be an option for you.

View More Answers

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hello. At the age of 7 or 8 I put my breast in a little boy’s mouth. I was not aware it was wrong at the time.

I think i saw someone breast feeding and I tried to do the same. I believe he was about 3 or 4. Can I face legal trouble? I was simply a child and didn’t know.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Feb 3, 2021

Hello,

No. You were too young to appreciate right from wrong, and children at that age are generally not prosecutable.

There are two components to a crime: a wrongful act, and a wrongful desire to complete the act. The State must prove both. With minors, there is an additional...
Read more »

1 Answer | Asked in Agricultural Law, Civil Rights and Criminal Law for South Carolina on
Q: How can my son who is Native American obtain a Native American attorney? Criminal Law & Civil Rights.
Tim Akpinar
Tim Akpinar answered on Jan 31, 2021

I'm sorry your question went unanswered for three weeks. If your son is still looking for an attorney, you could go to the Find-a-Lawyer tab above - there is a section "Native American Law." You could also run your own independent searches online, or you could visit the website of... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: My husband was sentenced to 7 years for 2 counts Trafficking 10-28g Meth 1st offense. Will he be eligible for parole??
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jan 25, 2021

Hello, thank you for the chance to answer your question.

Trafficking is a violent crime under SC Law. Under our sentencing scheme, your husband is eligible for parole after he serves 85% of his sentence. Based upon what you have stated here, he would be eligible for parole after 5 years...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for South Carolina on
Q: My mom owns her house and wants her boyfriend to move out because he has been drugging/stealing from her.

How do we go about this legally and without him hurting her? She's scared when she tells him to leave that he's going to get angry and try to hurt her. The last time she called the police on him, he told the police they were married and made it seem like she had mental issues, which she... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jan 25, 2021

Hello.

We are sorry to hear about these problems that your mother is having. No one should ever feel unsafe in their home.

The first thing that you should do is go down to your County Family Court, and speak to the Clerk of Court there. Tell them that you need an emergency...
Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: In S.C. how long does assault and battery 3rd degree Carry
Stephen Grooms
Stephen Grooms answered on Jan 8, 2021

(E)(1) A person commits the offense of assault and battery in the third degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so.

(2) A person who violates this subsection is guilty of a misdemeanor, and, upon...
Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: How can I resolve an arrest warrant for myself 2 with gettin locked up

Assult charge warrant

James F. Stanley
James F. Stanley answered on Dec 17, 2020

When you find out you have an outstanding arrest warrant for yourself, the first thing to do is find out the specific terms of the warrant. Is a bond set with the warrant? If so, how much is the bond and what are the terms of the bond. If you can post the bond, you can avoid going to jail.... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Got caught shoplifting less than $50 of merchandise at Walmart. What to do and what can happen? I didn’t sign any papers

Police were called and I did receive a summons to get a court date. No prior record.

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

It’s always a god idea when you have be charged with a crime to contact a criminal defense attorney in the area where you were charged. That lawyer is going to be in the best position to work out a deal with the prosecutor, get you into a diversion program, or take your case to a jury if needed.... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for South Carolina on
Q: Can a person with a restricted licence drive a car while a license driver in passager seat?
Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

A South Carolina attorney could answer best, but your post remains open for a week. As a GENERAL matter in ANY jurisdiction, it could depend on the restriction. Nationwide, Departments of Motor Vehicles enforce different classes of restrictions, covering things such as hearing aids, shoulder... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: How long does it take to see a judge after you get an attorney?

I retained an attorney for criminal charges. The prosecutor refused to lift the bench warrant. My attorney said he filed and are waiting for the prosecutor to send over all the case files. How long does this process usually take?

Ryan D Templeton
Ryan D Templeton answered on Nov 22, 2020

Rule 5 of the South Carolina Rule of Criminal Procedure require that the state turn over everything that is discoverable within 30 days of request.

1 Answer | Asked in Criminal Law for South Carolina on
Q: What does x3 mean on a shoplifting charge? Also listed is hold for department of public safety awaiting warrant?
Ryan D Templeton
Ryan D Templeton answered on Nov 22, 2020

It can mean a few different things but most likely it means that the person is being charged with a shoplifting under the South Carolina property crime enhancement statute which make a normal misdemeanor shoplifting turn into a 10 year felony. This occurs when a person has three of more property... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If the police targeted someone that was currently on house arrest to buy drugs from their informant is that entrapment
Ryan D Templeton
Ryan D Templeton answered on Nov 22, 2020

In order to assert the defense of entrapment in SC, you would have to show two things:

1) A government actor induced you to commit a crime; and

2) The lack of a predisposition to commit such a crime.

Therefore, based on the limited set of facts that you present in your...
Read more »

Q: I live in Charleston sc an was pulled over over with catalytic converters in my truck an they took them with my permit

They didn't arrest anyone or nothing an investigation came out an kept me an the passenger there for hours before finally letting us go an taking the property that we had an could prove we took them off junk vehicles that was owned by the passenger of my truck is this ok for them to do

Tim Akpinar
Tim Akpinar answered on Nov 16, 2020

A South Carolina attorney could answer your question best, but it remains open for four weeks. As a general matter, catalytic converters attract bad attention due to their theft for the precious metals they contain. Although your transport of the converters was legitimate as metals recycler,... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Do I need a lawyer with me?

I was fired for theft. This is my first offense. I wasn't arrested, but I was told by an officer that they would call me and turn myself in. He told me I would likely not see jail time, and the judge would offer me different options for repayment of my new debt to my former company. I really... Read more »

Ryan D Templeton
Ryan D Templeton answered on Nov 12, 2020

If you are turning yourself in to law enforcement you should always have an attorney with you. Only an attorney is in the best position to work out the details of any agreement with the state. Just remember that any admission or promise to repay could be used against you down to road. At the very... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.