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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for South Carolina on
Q: Can a South Carolina judge give a suspended sentence to a defendant who Pleads GUILTY to Voluntary Manslaughter?
Ryan D Templeton
Ryan D Templeton answered on Nov 12, 2019

The penalty for voluntary manslaughter (16-3-50) in South Carolina is 2-30 years. The presumption under SC law is that a sentence may be suspended unless expressly states otherwise(16-1-30(B)). In the case of Voluntary Manslaughter it is within the sentencing judges discretion to suspend even the... Read more »

2 Answers | Asked in Criminal Law for South Carolina on
Q: In SC can a husband press Petit larceny charges against wife for depositing a check made to him in her account

Husband is accusing wife of taking check addressed to him out of the mailbox at their marital home and depositing it on her personal bank account with his endorsement on the back.he is pressing Petit larceny charges

Gary Kollin
Gary Kollin answered on Nov 11, 2019

This will surely add to the family harmony

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1 Answer | Asked in Criminal Law for South Carolina on
Q: Person on probation living in the house with firearms?

The person on probation has an enhanced misdemeanor for driving under suspension. I am a firearms dealer, all firearms are kept in a room with two locks. South Carolina Code Section 16-23-500 makes it a crime to possess any firearm, including handguns, if you have a conviction for any crime that... Read more »

Ryan D Templeton
Ryan D Templeton answered on Nov 7, 2019

When a person is placed on probation one of the standard terms is that they can not around a weapon. Although it may not be unlawfully for the person on probation to own a weapon once they are off of probation it could be a violation of probation which could result in revocation of probation.

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Elder Law for South Carolina on
Q: My 77 y/o neighbor I believe is being scammed. Involving WalMart cards and money gram. Who can help her? 29582

She received "postal money orders for 3k, she was to cash and send $300.00 keep the balance. She recently sent $200.00 towards $2500.00 needed to release funds of 80k held in ApexCreditUnion.US. I'd like to find someone to help her.

Gary Kollin
Gary Kollin answered on Nov 4, 2019

law enforcement

1 Answer | Asked in Criminal Law for South Carolina on
Q: If im in probation violation already and out on bond do i have to report?

Bonded out peobation violation went to hearing judge gave me 90 days to pay off. I go see probation for scheduled meeting amd get violated and arreated for illegal dumping and probation violation.. Now i bond out ..do i ha e to still report between bond and hearing?

Ryan D Templeton
Ryan D Templeton answered on Oct 21, 2019

Yes! Make sure to immediately report to probation upon your release and all required reports until you go to court. You need to contact an attorney ASAP to represent you are your violation hearing.

1 Answer | Asked in Civil Rights and Criminal Law for South Carolina on
Q: What constitutes extraordinary circumstances for a prisoner in South Carolina to receive a pardon in South Carolina

Thank you answering my previous question about my brother and his victim's family. His victims family members wrote the clerk of Court and the solicitors office stating that they request a time modifications and/or any relief the court may grant. The clerk of court/solicitors office sent a copy of... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 15, 2019

This is an information sheet provided on SCPPP’s website regarding the criteria that is considered in the granting or denial of a pardon or parole. I don’t know of anyone that does this work on a pro bono basis but you can certainly reach out to the S.C. bar or S.C. legal services to see if... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: My friend has been charged with 1st sexual misconduct with a minor.How can she prove her innocence?

The incident happened 4-6 years ago when the child was between the ages of 6-8. The child seems to have been coached by the stepmother and father. The defendant has never been in trouble and doesn't have a criminal record. Her bond was denied though I suppose for unpaid child support. What can my... Read more »

Gary Kollin
Gary Kollin answered on Oct 10, 2019

She needs to work with her attorney

2 Answers | Asked in Criminal Law for South Carolina on
Q: I have been scammed by someone who has showed me their licence and sboe paper work I tried to contact them

How can I find these people

Ryan D Templeton
Ryan D Templeton answered on Oct 10, 2019

Your best bet is going to be to contact law enforcement where the scam occurred and let them investigate.

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1 Answer | Asked in Criminal Law and Civil Litigation for South Carolina on
Q: Can a victim's family, after trial, and a guilty verdict, petition a court for a time/sentence reduction for an inmate?

My Brother was convicted of murder in 1995. Since then, the victim's family has written the judge and solicitors office to have his sentence reduced or pardoned. Can or do the victim's family have this authority since the solicitor is their attorney? Letter of forgiveness was sent in to the court... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

As a former state prosecutor I have never heard of a sentence reduction based on the request of the victim through the court system. Your best bet would be for the victim to contact the department of probation parol and pardons to request a pardon from the governor.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for South Carolina on
Q: How long do I have to report someone giving alcohol, vapes, and marijuana to minors? They made drug deals at a school.

Marijuana was purchased from a middle schooler by an adult at a middle school. It is my understanding that a 1 year old was in the car during the drug deal on school property. The marijuana was brought to the adult's home and smoked with a middle schooler, and the 1 year old was in the home while... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

There is no statute of limitations in SC on the distribution/purchase of illegal drugs so there is not a set amount of time to report. That being said, unless the drugs are still in existence this is a case that would be very hard to prosecute.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How long can SC hold someone for another state

Husband was arrest and got time serve now how long does he wait for another state can come and get him.

Ryan D Templeton
Ryan D Templeton answered on Oct 3, 2019

If he does not waive extradition they can hold him for up to 20 days to allow the other state to get a governor’s warrant for his extradition.

1 Answer | Asked in Criminal Law for South Carolina on
Q: i need a lawyer

im being chargeded for first degree sexual assult

Stephen Grooms
Stephen Grooms answered on Oct 2, 2019

Then you need to call a criminal defense attorney in your area to arrange a consult. While I do not know the allegations or potential facts, generally speaking I wouldn't talk about the case with anyone until you can retain or at least consult with an attorney to get some advice on how to proceed.

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Hi Ive been faulsy accused of pointing and presenting a firearm I have questions and needs answers?

My fiance's step sister ditched her kids on us sept 28th and Sept 29th she demanded us to bring her kids back but was told that she would have to come get them or give me gas money she refused both and started to talk trash and threaten me and my fiance and her mother well my fiance's step sister... Read more »

Gary Kollin
Gary Kollin answered on Oct 1, 2019

Your writing is not understandable.

You wrote in a single run on sentence instead of individual ones beginning with capital letter and ending in punctuation marks

2 Answers | Asked in Criminal Law for South Carolina on
Q: I have a fraudulent check arrest record from over 20 years ago. How can I request that it be removed/expunged?

What documents are needed? Must they be filed in person? Is a lawyer required to assist in this process? The check was less than $50 and was paid for at the law enforcement agency when processed.

Stephen Grooms
Stephen Grooms answered on Sep 30, 2019

It depends on what the actual charge was, if you have had anything expunged in the past, what if any record you have from the three years after the conviction, etc. You can either contact the clerk of court and ask to speak to someone in expungements or call a local criminal defense attorney.... Read more »

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2 Answers | Asked in Criminal Law for South Carolina on
Q: I was recently charged with breach of trust with fraudulent intent. I have no idea what to do is I’ve never been through

I’ve never been in trouble if I’m found guilty what could happen

Ryan D Templeton
Ryan D Templeton answered on Sep 22, 2019

The possible penalties for breach of trust with fraudulent intent depends on the amount of the fraud. If the amount of the fraud is less than $2000 the maximum possible penalty is $1000 (plus additional court fees) or 30 days in jail. If the amount is $2,000-10,000 the maximum penalty is 5 years... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Is it a must to have to speak to a judge on a magistrate charge of trespassing on train trussle

It was actually for jumping off a bridge on Lake Greenwood

Ryan D Templeton
Ryan D Templeton answered on Sep 20, 2019

The ticket that you were issued should state if you are required to appear or if you can just pay the fine. On your ticket there should be red writing where it indicated if your appearance is required.

2 Answers | Asked in Criminal Law for South Carolina on
Q: If you have a warrant for a vop in florida on a felony . it has been a year and a half and a cop runs your id

And the cop runs your id will the warrent come up and if it does will they bring you back to florida

Cayley Turrin
Cayley Turrin answered on Sep 13, 2019

It could and it depends on how far florida will extradite you for. Warrants will pop up as extraditable or not extraditable.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: Can I press assault charges on an 12 year old

My son 12 years old got stabbed in the hand by a girl in his class, she drew blood and lead is still stuck deep in his hand. The principal tried to brush it off as horse playing. My son was not playing.

Can I press charges here in Greenville, SC

Gary Kollin
Gary Kollin answered on Sep 12, 2019

Why are you asking here instead of having reported it to the police?

1 Answer | Asked in Criminal Law for South Carolina on
Q: If i violated my probation and sentenced to 90 days in the county jail in S.C. do I receive good time for time served
Ryan D Templeton
Ryan D Templeton answered on Sep 10, 2019

You should receive credit for good time while in the county jail.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can a DNA sample be sent from police evidence to a lab and back 4 times and the chain of custody not be questioned?
Ryan D Templeton
Ryan D Templeton answered on Sep 10, 2019

The chain of custody of any evidence can always be called into question but normally with out a failure of the state to call the necessary witnesses the evidence will be admitted into evidence. It is up to a good defense attorney to make sure to bring those issues to the jury to call that evidence... Read more »

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