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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Municipal Law for South Carolina on
Q: Is there a statue of limitations for simple possession in SC?

The cops came to my house on Wed. 11-17 with a search warrant looking to find a large amount of marijuana. They found a roach. My girlfriend said it was hers so they gave her a ticket for simple possession. They then told me I had to go to the police department Mon. 11-21 because they wanted to... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Nov 21, 2021

Is there a statue of limitations for simple possession in SC?

No. There are no statutes of limitations on criminal offenses in South Carolina.

Can they really come back to the house and arrest me?

Yes. In South Carolina we have two types of possession, constructive and...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Second offense Pwid less than 3 grams ...what is the sentence in South carolina???
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Nov 15, 2021

3 Grams of....

What?

In South Carolina, Drug Crimes are specific to the substance. Without this information we cannot give you an accurate sentencing range.

1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: Why am I receiving a court summons for a ticket I've already paid?

I got a ticket in June 2021 for driving "10mph or less", paid the fine, but am now receiving a court summons for Dec 2021 for this same offense. I don't understand the timing, nor the reasoning for such an escalation in action. Since the incident, I have taken a defensive driving... Read more »

Stephen Grooms
Stephen Grooms answered on Nov 15, 2021

If you received a ticket and paid the fine then generally you are not required to attend Court. When you pay the requested fine then you are essentially pleading guilty to the offense. I would contact the Clerk of Court for the court in which you received the notice and find out the status of your... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: I placed my guns, 5 of them, in my brother's safe for a bit while I was moving. Now he refuses to give them back.

What are my legal options? I do not have serials numbers, but can get affidavits that they are mine, and I had owned them for about 20 years

Ryan D Templeton
Ryan D Templeton answered on Oct 30, 2021

The best avenue to get your guns back is going to be a claim and delivery action in magistrate court (assuming the value is under $7,500.00).

1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: Should this still be on my record as a misdemeanor?

I went to apply for an apartment recently and was denied due to a misdemeanor on my background check. This came as a shock to me. They informed me that it was "carless operation," and then I remembered. In the beginning of 2018 I accidentally ran a red light in a town that I had never... Read more »

Stephen Grooms
Stephen Grooms answered on Oct 18, 2021

When you pay a fine that is essentially pleading no contest, which has the same result as a guilty plea for purposes of your driving and criminal record. So unfortunately the answer is yes, this traffic citation should have been on your driving record.

The expungement process generally...
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1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: So I missed my court date for Criminal domestic violence 3rd degree? Is it possible I was tried in my absence?

Is it possible I was found not guilty or nolle prosse. There is an update online that says application for destruction of arrest records

Peter David Brown
Peter David Brown answered on Sep 2, 2021

Yes, you can be convicted in your absence.

The prosecution only needs to present the victim to the court.

If the victim testifies to the elements necessary to convict you of the offense, you could be convicted.

You would then have only a very limited time to appeal that conviction.

2 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for South Carolina on
Q: When a person "gets in my face" because of road rage, could that be prosecuted as assault or attempted murder,
Peter N. Munsing
Peter N. Munsing answered on Jul 27, 2021

The likely charges would depend on what they did, and those are up to the police & the DA. Possible charges would be disorderly conduct, threatening, others.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: Is it legal to charge an overdose victim w drug poss if the evidence was found as a result of needing med. Help
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 25, 2021

Hello,

Yes. If police respond with EMS and discover illicit narcotics or illegal drugs on the person who is receiving emergency medical assistance, or if police are the first responder prior to EMS and discover an individual needing help with evidence of illicit narcotics or illegal drugs,...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Is receiving goods presented as stolen , and receiving stolen goods the same thing, is an indictment required?

A request for preliminary hearing was put in but was denied

Michael Ryan Loignon
Michael Ryan Loignon answered on Jul 15, 2021

Not exactly. SC Code 16-13-180 addresses both "receiving stolen goods" and "receiving or possessing property represented by law enforcement as stolen". While they fall under the same statute and carry the same penalties, the elements of each offense are a bit different.... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Did a law pass or change where a person can get credit for being on house arrest prior to trial and sentencing?

Can the time on house arrest be credited to their sentencing time?

Stephen Grooms
Stephen Grooms answered on Jul 14, 2021

Universal Citation: SC Code § 24-13-40 (2015)

The computation of the time served by prisoners under sentences imposed by the courts of this State must be calculated from the date of the imposition of the sentence. However, when (a) a prisoner shall have given notice of intention to appeal,...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: If served 18 months and got 6months time served with good time and work time credit when will release be
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 11, 2021

Hello.

Unfortunately, we aren’t able to do anything but estimate your release date with the information you provided. Without knowing your actual conviction offense, so that we know whether or not the offense is a 65% or 85% time served offense, we cannot give you an accurate amount of...
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1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: motion to continue arraignment & trial granted w/out opposition- does that mean case is going to trial w no plea deal?

Federal case. Read this info on the docket. It’s a motion to extend time to file Pre-trial motions.

Meg Strickler
Meg Strickler answered on Jul 7, 2021

There are a lot of reasons why this could occur, but, no it definitely does not mean a case is going to trial with no plea deal. One reason a motion to continue is filed could be that the AUSA is about to reindict with a superseding indictment and doesn't want to arraign defendant twice and... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Am I required to report information I have discovered that could affect the outcome of a federal criminal case

Suspect is indicted already & is my husband.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 4, 2021

No, you are under no obligation to testify or inform the government of information in your possession unless you are under subpoena.

Even then, you cannot be forced by subpoena or the court to testify against your spouse, if you are legally married, as you and he have “spousal...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Which offense is a lesser included offense to 16-3-29? And is it's lesser included offense violent or non-violent?

I was sentenced to 8 years non violent from a 16-3-29 due to the judge stating he was "dropping it" to non-violent aggravated assault....I don't know if this is consistent with the law

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 1, 2021

Hello,

In South Carolina, SC Code Ann. 16-3-29 is Attempted Murder, a violent felony. The lesser included offenses of Attempted Murder are:

Assault and Battery of a High and Aggravated nature, a violent felony, S.C. Code Ann. 16-3-600B)(1);

Assault and Battery in the First...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Can you get more than one 1st offense shoplifting? I had a 1st offense pending, was awaiting court, and got another.
Stephen Grooms
Stephen Grooms answered on Jun 29, 2021

In South Carolina a conviction as opposed to a pending charge is required to enhance a subsequent offense. Further it takes a minimum of 3 property crime convictions to enhance to a felony level property crime. Once you get to a felony level property crime, it carries up to 10 years in prison.... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for South Carolina on
Q: I lost pcr in SC. Pcr Judge say Georgia case from Georgia appeals isn't binding upon SC courts ,is this true

Caselaw from Georgia..state v Goodman, 469 s.e.2d 327.

Georgia court of appeals ruled in favor of the guy,and say he did not violate the left turn law , my case from SC is 98% like his.

Charles William Michaels
Charles William Michaels answered on Jun 21, 2021

First I am not a SC attorney. But generally a case from out of state (by it Georgia, or elsewhere) do NOT bind the South Carolina courts. It can be persuarive authority but the South Carolina courts do not have to follow it.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have someone on the Gay Dating app Grindr who is threatening to expose me with pictures and text unless I pay them

$500, which was increased to $1000 when I said I couldn’t. They apparently followed me yesterday and saw the apt I live in. Now they are threatening to expose me to my family.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jun 20, 2021

Hello. We are terribly sorry to hear about this. No one should be afraid of such exposure by such types of people, merely for being who they are. This is repugnant and despicable.

You have several causes of action both criminal and civil.

South Carolina has no Revenge Porn Laws; the...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Can my armed robbery be reduced to strong armed robbery
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jun 6, 2021

Hello,

Yes, the State could reduce armed robbery to strong armed robbery. However, this is usually done as a condition of plea negotiations. We recommend that you speak with this possibility to your attorney.

We hope that this helps you, and wish you the best in your matter.

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Criminal Law for South Carolina on
Q: A convicted felon have a saw off shotgun and kill a man with the saw off shotgun what are the state charges
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on May 30, 2021

Hello,

The likely charges are as follows:

Murder;

Possession of a Weapon during the Commission of a Violent Crime.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have a pending assault and battery 3rd degree. If the victim doesn’t show up to court, do they drop the charge?

Have court tomorrow my ticket is 1000$

Stephen Grooms
Stephen Grooms answered on May 19, 2021

If you do not show up to court then you can be tried in your absence and found guilty. Even if the alleged victim does not appear, If you are not there to make certain objections to hearsay testimony then you could be convicted. Not showing up for court is rarely a good idea.

I would...
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