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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for South Carolina on
Q: In South Carolina, what is the usual sentence for a conviction of throwing of bodily fluids?

A 25yo white male pulled over for wreckless driving, refuses a breath test and is arrested for DUI... Said offender spits on the officer during the arrest and is charged with 24-13-470 -throwing bodily fluids, 56-05-2930 - dui 1st refuse test, 44-53-0370 - possession of marijuana, and... View More

T. Augustus Claus
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answered on Dec 12, 2023

Throwing bodily fluids is a felony with a maximum penalty of five years imprisonment and a $5,000 fine. DUI 1st offense refusal is a misdemeanor with potential penalties including a fine up to $400, imprisonment up to 30 days, and a one-year driver's license suspension.

Possession of...
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1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for South Carolina on
Q: An ex of my husbands made a false CPS claim

When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report

James L. Arrasmith
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answered on Nov 18, 2023

If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for South Carolina on
Q: Can a deputy sheriff in SC conduct a vehicle search on a non-county maintained (private/blue street sign) road?

Search was conducted during a routine traffic stop for a broken taillight observed on main highway but not stopped until on the private dirt road. K-9 unit was brought on scene and "alerted" as their reasoning for conducting the search. But were they legally even allowed to bring in the... View More

James L. Arrasmith
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answered on Nov 18, 2023

In South Carolina, the authority of a deputy sheriff to conduct a vehicle search does not necessarily change based on whether the road is county-maintained or private. The legality of the search typically hinges on whether the officer had probable cause or the driver's consent, rather than the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina on
Q: Does a warrant have to be served once you are in police custody or are they allowed to release you and serve it later.

City Police enter my apartment with a key provided by my landlord, came into my apartment and placed me under arrest and refused to tell me what for for over an hour. Took me to an interrogation room and interrogated me for hours then released me. Picked me up again the next day and interrogated me... View More

James L. Arrasmith
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answered on Nov 17, 2023

In South Carolina, police are not required to serve an arrest warrant immediately upon taking someone into custody. They may release the individual and serve the warrant at a later time. However, if you are arrested, the police should inform you of the charges against you as soon as possible. In... View More

1 Answer | Asked in Criminal Law, Divorce, Child Custody, Domestic Violence and Family Law for South Carolina on
Q: My girlfriend and her ex husband live together with their 3 kids in SC. She told him she was seeing someone.

He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.

James L. Arrasmith
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answered on Nov 13, 2023

In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody... View More

1 Answer | Asked in Civil Litigation and Criminal Law for South Carolina on
Q: Could someone press charges for sending them pictures by mail

In bad judgement I sent over 200 pictures through the mail to my fiancés ex wife after she sent me every date that they’d been together and what they were doing together. Some of the pictures were screenshots of texts, us with our kids, pictures of us together and one of the pictures I had on... View More

James L. Arrasmith
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answered on Nov 9, 2023

It's important to understand that mailing photographs, even in large quantities, isn't typically a criminal act unless the content is illegal, such as explicit material intended for adults. However, sending a suggestive image where a minor could view it may raise legal concerns. The... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is my responsibility as soon as I register? Go to the jail, court?
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answered on Oct 30, 2023

Once you register as a sex offender in South Carolina, you must immediately notify the sheriff of any changes to your address, employment, or vehicle information. You must also notify the sheriff if you leave South Carolina for over 30 days.

You do not need to go to the jail or court...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for South Carolina on
Q: What can a parent do when school, and all child’s doctors, specialists, are in violation and won’t comply with the law?

Child with disabilities. Children’s hospital where all specialists are and child’s other doctors as well as school are alienating other parents and won’t comply with parents rights nor the law in SC

James L. Arrasmith
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answered on Oct 15, 2023

In cases where a child with disabilities is involved, federal and state laws provide various rights and protections for the child and the parents. If a school or medical professionals are not complying with the law, the parent has several potential avenues for recourse. They can file a complaint... View More

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1 Answer | Asked in Criminal Law for South Carolina on
Q: South carolin persecution on verbal threats?
James L. Arrasmith
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answered on Sep 24, 2023

In South Carolina, making verbal threats can be considered assault and/or harassment depending on the circumstances and specificity of the threat. South Carolina's criminal code defines assault as unlawfully attempting or offering to injure another person, which can encompass verbal threats if... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: How long does it take for a warrant to be signed and served And for 1st offense on drug charge of one gram of cocaine
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answered on Sep 7, 2023

The time it takes for a warrant to be signed and served can vary widely depending on the specific circumstances of the case, the court's docket, and law enforcement's priorities. In South Carolina, for a first offense involving a small amount of drugs like one gram of cocaine, law... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is the punishment in South Carolina for nonviolent sexual assault

He grabbed a woman, who he knew well on the behind. She pressed charges. They locked him up Sunday am he was out same day

T. Augustus Claus
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answered on Aug 30, 2023

the legal consequences for nonviolent sexual assault in South Carolina, often referred to as "criminal sexual conduct," can vary depending on the specific circumstances of the case and the severity of the offense. South Carolina's laws distinguish between degrees of criminal sexual... View More

2 Answers | Asked in Criminal Law for South Carolina on
Q: What is the sentence on selling to a informant on a trafficking meth charge in South Carolina
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answered on Aug 28, 2023

The penalties for selling drugs, including methamphetamine, can vary based on a number of factors including the specific details of the case, the jurisdiction, the defendant's criminal history, and the quantity of drugs involved. Generally, drug trafficking charges can result in significant... View More

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2 Answers | Asked in Criminal Law for South Carolina on
Q: What is the sentence on selling to a informant on a trafficking meth charge in South Carolina
Casey Brown
Casey Brown
answered on Sep 1, 2023

The answer in South Carolina depends on which offense, 1st, 2nd, etc. a person is charged with as to the potential sentence they could receive. This number relates to prior convictions the same person has on their record for the charge.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: My son is in SC jail he had a plea hearing and was released for time served. How long does it take for him to be release
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answered on Aug 24, 2023

Once your son's plea hearing has been completed and he has been released for time served, the exact timing of his release will depend on various factors, including the processing procedures of the specific jail, any necessary paperwork, and administrative tasks that need to be completed.... View More

1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Small Claims for South Carolina on
Q: My father in law passed away in February 2022. An unauthorized transfer of funds was made 6 months after his death.

He was a resident of South Carolina but his bank accounts were at a large National Bank office in California. My wife in South Carolina was the sole heir with ownership of the accounts and in July 2022 she received a call from an individual in New York purporting to be with the National Bank... View More

David H. Relkin
David H. Relkin
answered on Aug 16, 2023

You say that your wife spoke to a National Bank in New York. Then you say that the fraud was perpetrated by someone in Louisiana. I think that you need an attorney to handle this in New York. I don't know the amount of the fraud, but if it is over $25,000 then the case would be brought in the... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: If a storage unit was broken into does the owner have a right to get the Video footage of-the crime

Do I file a police report wwww

Casey Brown
Casey Brown
answered on Aug 9, 2023

If you believe that you were the victim of a crime, then calling the police and filing a report is a good way to start to handle it. Law enforcement has the ability to try to get the evidence to solve the crime. They will keep you informed of the updates in the case as they investigate.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have s warrant for my arrest they said that I had brought contraband in to the jail what should I do
Casey Brown
Casey Brown
answered on Jul 31, 2023

Contacting an experienced attorney to reach out to law enforcement on your behalf is a good start. They may want to set a date to allow the warrant to be served, booked, and get a bond in the shortest amount of time. This can also be helpful in getting a great bond set. Then, handle the case and... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Are your rights violated when, you get picked up for failing to appear. You don’t see the clerk of court

instead you are waiting on a court date?

T. Augustus Claus
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answered on Jul 26, 2023

In South Carolina, if you fail to appear in court as required, a bench warrant may be issued for your arrest. When you are picked up on this warrant, you have the right to be informed of the charges against you and have the opportunity to appear before a judge for an initial appearance or bond... View More

2 Answers | Asked in Car Accidents and Criminal Law for South Carolina on
Q: Who af fault when passanger jerkes stearing wheel and driver overcorrected and hit car head on?

Driver and passanger were arguing, passanger asked multiple times to be let out if the vehicle but driver denied. Passanger gerked the wheel causing car to go off road into a grass field; driver then corrected the vehicle but wasn't paying attention and didn't stop the car from crossing... View More

Mark A. Siesel
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answered on Apr 20, 2023

If you are the owner of the vehicle, as the liability is clearly on your car (the other driver doesn't appear from what you describe to have done anything wrong). If you were driving someone else's vehicle with their consent, both you and the owner are responsible under vicarious... View More

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1 Answer | Asked in Criminal Law for South Carolina on
Q: Guilty or Not guilty?

I was recently arrested in SC for malicious damage to property valued under 2,000 after breaking a plate. It was a first time charge, I’ve never, ever been in trouble. Unfortunately; I absolutely cannot afford a lawyer right now as i’m also paying for a divorce lawyer. The incident occurred... View More

Stephen Grooms
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Stephen Grooms
answered on Apr 7, 2023

In South Carolina you have to wait 3 years from the date of a misdemeanor conviction before being eligible to apply for an expungement. Your must also have no additional convictions during that three year period while you wait.

You may want to consider asking the court if you could apply...
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