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South Carolina Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for South Carolina on

Q: What makes a receiving stolen property charge a felony in South Carolina?My kid has hers marked $2000 or less but a felo

But listed as felony with actually listed items valued at $1050.00 and she was only in a .motel room belonging to friend who had the stuff in motel room when police came to arrest that so called friend on child neglect charges and found stolen property they charged my kid too because the friend... Read more »

Stephen Grooms answered on Jun 18, 2019

If you have two or more prior property crime related convictions your third offense can be indicted or charged as a felony regardless of dollar value involved.

1 Answer | Asked in Criminal Law for South Carolina on

Q: if a person called the police and lied to them about a situation then wrote a false statement on the person

how long will the person have to sit in jail

Stephen Grooms answered on May 17, 2019

The answer is that it depends on what they lied about, and therefore what they were charged with. If they lied about a false misdemeanor then its 30 days, but if they lied about a false felony that charge carries up to 5 years.

2 Answers | Asked in Criminal Law for South Carolina on

Q: Why isn't anyone answering me

Why isn't anyone answering my question

Gary Kollin answered on Apr 20, 2019

I am answering your question. There is no question

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1 Answer | Asked in Criminal Law for South Carolina on

Q: How can a person have the same charge 3 times?

My friend was arrested, and when I look up his name under inmate search he has the same charge 3 times... Manufacturing / distribution 3. Three times though!? And one more charge, felon in possession of a firearm. I'm just confused as to how they are giving him three counts of the manufacturing /... Read more »

Stephen Grooms answered on Feb 19, 2019

From your description the charging agency appears to be alleging that on 3 separate occasions your friend distributed and or manufactured a controlled substance. This is often the case when they have been building a case over a period of time against a defendant. You friend should strongly consider... Read more »

1 Answer | Asked in Criminal Law for South Carolina on

Q: My fiance is incarcerated In Tampa Florida. We posted bond. They found a misdameanor warrant for her in g

. Will Georgia extradite and how long do they have

Gary Kollin answered on Feb 3, 2019

I have never heard of someone being extradited for a misdemeanor

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and Military Law for South Carolina on

Q: Are we in Admiralty law or common law. Cause our flags in our court room are gold fringed meaning Admiralty law

Timur Akpinar answered on Jan 24, 2019

Courts today can apply elements of both types of law. It will come down to a matter of the type of case the court has subject matter jurisdiction over, so that if a federal district court is deemed to have admiralty jurisdiction over a matter, it will apply maritime law and the Federal Rules of... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for South Carolina on

Q: My fifteen year old is being charged with conspiracy because he knew but didn’t tell what do I do?

Has been suspended for 10 days possible expulsion because they said he wrote the note for a bomb threat but then they found out who really done it he told his side and they are charging him with the other two all Bc he knew and didn’t tell

John W. Molony answered on Jan 21, 2019

Retain counsel as soon as possible. Contact a South Carolina criminal defense lawyer immediately to discuss this matter further.

1 Answer | Asked in Criminal Law for South Carolina on

Q: If I am charged with a crime do I supposed to have a preliminary hearing and if I haven't had one what does that mean?

I have a burglary charge first degree and it's been over a hundred twenty days and I've never had a preliminary hearing

Stephen Grooms answered on Jan 17, 2019

This is a question that needs to be answered by your attorney, it is possible that your charge has already been indicted and therefore the State doesn't have to provide you with a preliminary hearing.

1 Answer | Asked in Consumer Law and Criminal Law for South Carolina on

Q: When you receive a registered letter from sc law what does that mean ?

D. Nathan Davis answered on Jan 10, 2019

Receiving a letter from SC Law could mean anything. You need to read the letter. If they want you to come in to talk to them, do not do so without first talking to an attorney. For some reason, you have been singled out. If there is any idea that you may be aware of or be the subject of a... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for South Carolina on

Q: I'm being harassed by phone from a south carolina resident and I live in P.a..what are my options for filing suit?

John W. Molony answered on Dec 18, 2018

As a South Carolina attorney I cannot speak to the law in Pennsylvania. In South Carolina in situations where one feels threatened or in need of protection, one can seek either a Family Court Order Of Protection or a Restraining Order from a Magistrates’ Court. One would seek an Order of... Read more »

2 Answers | Asked in Criminal Law for South Carolina on

Q: My son was accussed of armed robbery with a concealed weapons he had no weapon and for trespassing

They were going by what someone had told them And the person is a known drug user this is his first charge

Stephen Grooms answered on Nov 29, 2018

Your son is facing an incredibly serious charge, one that is considered a violent crime that carries a minimum of 10 years in prison. Depending on the facts of the case the victim's credibility may or may not be the determining factor in whether or not the State has enough evidence to win at trial.... Read more »

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1 Answer | Asked in Criminal Law and Child Custody for South Carolina on

Q: What is the punishment for 3rd offense shoplifting? Also what would be the best case scenario for the defendant?

My mother is 62. She's has quite a bit of medical problems. She also takes care of my 86yrs grandmother, who has dementia. She also has custody of my sisters children. She got a third offense shoplifting charge. Her public defender wants her to take a plea of 18 months. Is that the best... Read more »

Stephen Grooms answered on Oct 30, 2018

A shoplifting 3rd offense is a 0-10 year felony. The State must prove the prior convictions are proper enhancement convictions. For example whether or not she had an attorney could mean the prior conviction can not be used to enhance this current charge. Even if the necessary prerequisites... Read more »

1 Answer | Asked in Criminal Law for South Carolina on

Q: I am trying to find out is the charge of ABHAN a violent charge or Non violent charge. Statue 16-03-0600(B)(1)

How is it two people can be charged with the charge of ABHAN, And one be violent and the other one be none violent, One went before a jury and came out to be none violent and the other plead guilty and his was rendered violent.

Stephen Grooms answered on Oct 22, 2018

It is a violent offense under 16-1-60.

2 Answers | Asked in Criminal Law and Civil Litigation for South Carolina on

Q: How to proceed sled josh yallbourgh peed on me lost job

Right now they have ran into a law I’m not sure if under investigation he was sled when it happened I need to know the law when sled messed a case up

Daniel P Leavitt answered on Oct 15, 2018

Not sure what you're asking here.

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1 Answer | Asked in Criminal Law for South Carolina on

Q: person with no priors is charged w/ larceny, assault & battery, & resisting arrest as misdemeanors will they go to jail

Adult male age 21 was charged with assault & battery, grand larceny & resisting arrest with all charges as misdemeanors. Since he has no priors, when he goes to court in 2 weeks will the judge possibly let him go? No jail time just fines or whatever else?

Stephen Grooms answered on Oct 10, 2018

If he pleads guilty or is found guilty by a Judge or Jury on the charges described then he certainly could be sentenced to active prison time. For example Grand Larceny is a 0-5 year felony charge. Whether or not he is sentenced to prison time will depend on the facts, his past record, and... Read more »

1 Answer | Asked in Criminal Law for South Carolina on

Q: If someone is facing 2 separate 3rd degree burglary 1st offence charges with a prior criminal history

Are they looking at a lot of time? This is all the info I have at the moment

16-11-0313 ~ 427 ~ Burglary / Burglary (After June 20, 1985) - Third degree - 1st offense 497 $20,000.00

16-11-0313 ~ 427 ~ Burglary / Burglary (After June 20, 1985) - Third degree - 1st offense 497... Read more »

Stephen Grooms answered on Sep 28, 2018

The charge of Burglary 3rd carries 5 years non violent time. However the last line here says charge was remanded to magistrate court, so it sounds like they may have plea bargained down to a misdemeanor.

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on

Q: Is it legal for the sheriff's office to use inmates to search my residence?

Gary Kollin answered on Sep 16, 2018

Need more detail

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on

Q: If held in county detention for 9 months and house arrest after awaiting trial, after being found not guilty,

Can i file a cival lawsuit against sheriffs office

Gary Kollin answered on Sep 16, 2018

You can always file suit, but that does not mean you will win

1 Answer | Asked in Criminal Law for South Carolina on

Q: My fiancé was arrested for fc bench warrant they sentenced to 30 days he’s asked for a pd but hasn’t talked to one yet

He was arrested on the 5 of sept. He was never notified as to how much in arrearages and he told the judge that he had lost his job his wages were never garnished and his license was never revoked. What can I do to get him out it was set with a no bond. He was awarded visitation as well but she... Read more »

Cheryl Ann Truesdale answered on Sep 14, 2018

Your question doesn't state which county family court his child support case is in. You should obtain a copy of the court order from that hearing and then make an appointment with a lawyer who practices family law in that county and get advice. The lawyer will need to see the court order from the... Read more »

1 Answer | Asked in Immigration Law, Criminal Law and Sexual Harassment for South Carolina on

Q: If a person with student visa F1 in USA proved guilty in Harassment Second Degree Case, what is his punishment?

Will he get deported to his home country? And will he be expelled from the university? He asked a girl to date and continuously tried to pursue her even after she refused. So, that girl put him in Harassment Second Degree case.

Hector E. Quiroga answered on Aug 29, 2018

It depends on the wording of the statute under which he was convicted, especially if the statute involves any type of physical harm. To know for sure, he’d need to consult with an immigration attorney familiar with the criminal statute under which the individual was found guilty.

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