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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: Are my rights to sufficient council being violated when my public defender abruptly switches to the prosecutors office

Then for multiple reasons my next public defender I asked him to file for change of venue for many legit reasons and he instead file a motion to be removed from my case and there was a significant gap in time where I'm left without council to consult with, in respect to preparation I... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're facing a challenging situation with your legal representation. When your public defender abruptly switches to the prosecutor's office, it can raise concerns about potential conflicts of interest and whether your right to effective counsel is being upheld. It's... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

In South Carolina, if you refuse to allow an officer to search your vehicle, that alone does not give the officer a reason to claim you're under the influence. However, officers may use other observations, like the smell of alcohol, slurred speech, or erratic behavior, to justify their... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

When you refuse to allow an officer to search your vehicle, it’s important to know that this alone does not give them probable cause to accuse you of being under the influence. However, if the officer genuinely believes you are impaired based on their observations—like your behavior,... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hi, I am trying to find out if the men that killed my boyfriend in 1997 are still in prison or not.

State vs. Dickman

341 S.C. 293 (2000)

534 S.E.2d 268

Ryan D Templeton
Ryan D Templeton
answered on Aug 30, 2024

Yes, according to the SCDC website he (Dickman) is still incarcerated with a projected release date of October 14, 2027.

1 Answer | Asked in Criminal Law and Internet Law for South Carolina on
Q: Is it legal for Youtuber to tell his subscribers to go and spam under other person's Facebook posts and comments ?

Youtuber told his subscribers to go and spam comments under my posts, comments on different Facebook groups. Caused me a lot of stress. Also during his stream he was making fun of me, trolling .

James L. Arrasmith
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answered on Aug 6, 2024

No, it is not legal for a YouTuber to incite their followers to spam someone’s posts on Facebook or any other platform. This kind of behavior can be considered harassment and cyberbullying, which are punishable under various laws. If this has caused you stress, you have the right to report this... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: what are the statue of limitations on unlawful use of telephone?
Casey Brown
Casey Brown
answered on May 26, 2024

Based upon the limited facts in your question, the answer is most likely that there is no statute of limitations for the situation you describe in SC.

2 Answers | Asked in Criminal Law, Personal Injury, Constitutional Law and Federal Crimes for South Carolina on
Q: Are there attorneys that represent Y2K clients?

I have been researching Y2K harassment and haven't been able to find any information on steps to take for legal action. Was wondering if there is legal president for legal action?

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2024

You could continue to run searches, and also check with local and state bar associations. After the turn of the century, there was less emphasis on this area. Good luck

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for South Carolina on
Q: Hello, ok so court is 2/16/24 madison county ky but i have a pending dv case in sc. can i use one attorney in 2 states
Casey Brown
Casey Brown
answered on Feb 18, 2024

One attorney can represent a client in two different states as long as the lawyer is licensed or admitted to the Bar in both states.

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?
T. Augustus Claus
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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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1 Answer | Asked in Criminal Law and Elder Law for South Carolina on
Q: Can a vulnerable adult be charged with a crime? Purchase a house? Take out loans etc?

And if so how is that? From what I gather a vulnerable adult is considered as being unable to do "everyday tasks" by themselves and need assistance. Could someone better explain if thats incorrect.

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

Yes, as long as they are mentally competent.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can you fight a "bondsman off bond" charge?
Casey Brown
Casey Brown
answered on Oct 7, 2023

Yes, you should have the opportunity to be heard on the matter after receiving proper notice. An experienced criminal defense attorney should be able to help with this hearing.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for South Carolina on
Q: I didn't get my preliminary hearing. Can anything be done?

I met all requirements, (signed up in time, had a lawyer, etc.) My charge should have been dropped at prelims, the weights didn't match. It was 77 grams on the warrant and 56.2 grams at court. It's 2 years later. Can I do anything about it?

Casey Brown
Casey Brown
answered on Oct 3, 2023

Was there an indictment of the charge before the preliminary hearing court date? If a person is indicted for the charge prior to the preliminary hearing then the hearing for that charge is removed.

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
T. Augustus Claus
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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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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.

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