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,... Read more »

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 »

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,... Read more »

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... Read more »

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 »

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... Read more »

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... Read more »

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 »

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.

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... Read more »

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.

Hello,

The likely charges are as follows:

Murder;

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

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... Read more »

Well, South Carolina lawyers are unlikely to answer the questions of a Sanford, Florida questioner because we are not bar licensed in Florida.

We wish you well with your Florida legal matter.

He needs to hire an attorney to present his case the the Judge! If he qualifies for a public defender it would be best to reach out to them and make sure that someone has been assigned to his case. I would never recommend for someone to go to a motion to revoke bond on his/her own.

The best thing for this person to do is file a form with the prison where he is currently being held under the interstate agreement on detainers. This will force the State of SC to start the process of bringing him back for trial on the state matter. If the state fails to do so within a certain... Read more »

It would be wise to reach out to an attorney in this area so that they can properly represent you on your shoplifting charge. So long as this is not an enhancment charge this case would carry up a 30 days in jail and/or a fine.

This charge is a misdemeanor offense that carries up to 1 year in prison and could require the sex offender registry and/or an ankle monitor if a minor child is involved in the underlying offense.

https://www.sccourts.org/cdr/displayCDRcode.cfm?CDRcode=373

You will need to apply for an expungement. An attorney can walk you through that process or you can do so on your own.

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 »