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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: Can someone press charges if they invited me to fight?

If someone invited me to their house to fight them, can they press charges against me? The confrontation hasn't happened yet, but the person has previously threatened me, and I have recorded evidence. There was only a basic argument between us, nothing more. I haven't reported this to the... View More

Casey Brown
Casey Brown
answered on Mar 7, 2025

In the State of SC, challenging or inviting someone into a fight is a criminal offense. Proof of this is typically an issue but, yes, charges can be brought if there is enough evidence for probable cause.

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: Can a male officer put his hands in a female's pockets without permission or asking any questions Or giving any warning

I was pulled over.

Asked to exit. My vehicle locked my car. Made to wait for dog unit to walk around car which then alerted giving them probable cause and I didn't give them permission so they slammed me on the hood, put me in cuffs, removed my key from my pocket without anything said... View More

James L. Arrasmith
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answered on Jan 21, 2025

I'm very sorry to hear about this distressing experience you went through during the traffic stop. This situation sounds traumatic and invasive, and your feelings about it are completely valid.

Generally, law enforcement officers must follow strict protocols when conducting searches,...
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1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Has they been a law that requires that non violent and violent crimes have to update their DNA for 2025

They said south Carolina Governor passed this law

James L. Arrasmith
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answered on Jan 10, 2025

DNA collection from arrestees and convicted offenders has been expanding nationwide. Some states have implemented laws requiring DNA samples from those arrested for certain felonies, while others collect DNA only after conviction. These laws typically aim to help solve cold cases and prevent future... View More

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: judge called a recess and had the attorney and prosecutor step to the side.

the judge asked the defendant to fire attorney ,and he will appoint one to him. Was the judge bias/prejudice in this case?? also the judge asked him to dismiss his jury and be tried by bench, only to find him guilty

James L. Arrasmith
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answered on Jan 5, 2025

It’s understandable to feel concerned about the judge’s actions in your case. Asking you to fire your attorney and appointing a new one is unusual and might raise questions about the judge’s intentions. Additionally, directing you to dismiss the jury in favor of a bench trial is a significant... View More

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: was the judge bias by tell the defendant to fire his attorney, and he will appoint one to him?
James L. Arrasmith
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answered on Jan 5, 2025

It's understandable to feel concerned if a judge asks you to fire your attorney and offers to appoint one for you. This action doesn't automatically mean the judge is biased. There are specific circumstances where a judge might take such a step, such as if your current attorney is not... View More

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: Probation

What are the implications of choosing to remain silent when questioned by the probation officer during the probation period?

James L. Arrasmith
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answered on Jan 5, 2025

Choosing to remain silent when questioned by your probation officer can have several important implications. First, it might raise concerns about your willingness to comply with probation terms. Probation officers expect open communication to monitor your progress and ensure you are meeting all... View More

1 Answer | Asked in Criminal Law and Tax Law for South Carolina on
Q: 401k hardship withdrawal

I am looking to do a hardship withdrawal from my 401k. I am unsure how much i need. The IRS page states "qualified disaster distributions are permitted without regard to your need or the actual amount of your economic loss." Could I face legal action if I take out more than I need for repairs

James L. Arrasmith
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answered on Oct 9, 2024

When considering a 401(k) hardship withdrawal, it’s important to understand the specific requirements and guidelines set by the IRS. Qualified disaster distributions allow you to access funds without strictly needing to match your exact economic loss. This flexibility is designed to help you... View More

1 Answer | Asked in Criminal Law and Juvenile Law for South Carolina on
Q: My daughter is 17 and she will be getting charged with unlawful position of a firearm. Never any trouble with the law

What should I do first? She gave a firearm to a 14 year old boy and he fired it in the air. She took the gun without my knowledge from my truck console. The said she will be getting charged now. What do I do?

Casey Brown
Casey Brown
answered on Sep 30, 2024

An experienced criminal defense attorney should be able to help resolve the matter while keeping her rights intact. There may be defenses and mitigation unknown to the solicitor and law enforcement that would be very helpful for her case.

1 Answer | Asked in Personal Injury and Criminal Law for South Carolina on
Q: What can I do about SCDOT taking my Great Pyrenees. They loaded him up in their work trucks and left with him. SCDOT cam
Roy Willey
Roy Willey
answered on Sep 7, 2024

Call the local district office and tell them you want your dog back. Also check local shelters, perhaps they thought he was lost.

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Federal Crimes for South Carolina on
Q: Is it normal for you wife to demand a divorce after you ask to get a dna test for your 3 children?

After the democrat trash plandemic, a bunch of trash government and minority officials stalked and harassed me telling me my children aren't mine and insinuate my wife is a paid prostitute and they were here to accept protection and hush money payments. Does any of this sound like women or... View More

James L. Arrasmith
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answered on Sep 7, 2024

It’s understandable that you're feeling overwhelmed and confused in such a difficult situation. If your wife is reacting strongly to your request for a DNA test, it could be for various reasons, such as feeling mistrusted or hurt by the implication that there might be infidelity. While... View More

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: If i had a warrant for a crime i didnt commit and have not been convicted but was arrested and bonded out can I sue?

I am being charged for possession of a stolen fire arm but I didnt commit the crime and have proof I was wrongfully accused.

James L. Arrasmith
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answered on Aug 31, 2024

You may have grounds to sue, but it depends on several factors. First, you must focus on proving your innocence in the criminal case. The most important thing is to gather and present your evidence to show that you were wrongfully accused.

If the charges are dropped or you are acquitted,...
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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

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, 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 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

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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

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