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South Carolina Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for South Carolina on
Q: I need a lawyer to look into my now settled arson case pled out to vandalism can't get my motion of discovery

The short of it is I was set up for burning my own house down with all my stuff in it not an insurance job a cheating girlfriends now of age boyfriend that was never told about during there investigation but went into a fire station and told them that I was bragging to him that I done it and even... View More

James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry to hear about your situation. If you have already settled your case and are still seeking your motion of discovery, you may want to consider seeking the help of an attorney who specializes in criminal law.

Here are some steps you can take:

Consult with a criminal...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina on
Q: I need advice about criminal cases and also police for violations against me. Also, for them not filing charges against

I need advice about criminal cases and also police for violations against me. Also, for them not filing charges against someone who stole my truck. It's complicated. Basically, if the police decide you better do things there way kr they will put charges on you rather they have evidence proof... View More

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry to hear about your situation. It sounds like you may benefit from consulting with a criminal defense attorney who can advise you on your legal options and help you understand your rights. An attorney can also provide guidance on how to file a complaint against the police for... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: The detective told 4 lies durning A grand jury hearing . What can be done?
John Michael Frick
John Michael Frick
answered on Feb 4, 2023

If you were indicted, your best strategy is to hire a competent experienced criminal defense attorney and show the jury at trial each of those statements was a lie.

That could increase your chance of being found not guilty.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can an officer pull u over and test a pill and weed tell u that they aren't charging you for it only gives the person

A dus and let them go but comes back a month n half later to serve a warrant with the whole narcotics team. Inst that like double Jeopardy

Casey Brown
Casey Brown
answered on Jan 23, 2023

The first question is Did the officer have a right to stop the vehicle. Then, the issue is how did they find the alleged substances. They should not be tested these substances roadside. But it is possible to charge the person later with a warrant for arrest though problematic for the prosecution.... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for South Carolina on
Q: If I have completed Pti and paid for my expungement, can they still drug test me

I am currently waiting for the completion of my expungement letter to come in but I also have an over the phone appointment with my Pti counselor, so I was wondering if she could ask for a drug test to interfere with anything because I have already taken a delta dummy from the Vape shop and will... View More

Casey Brown
Casey Brown
answered on Dec 14, 2022

The typical process is that you complete PTI, then they send a letter to your prosecutor who then dismisses the case. Then you can apply (with a fee) for an expungement of the arrest from your record. Once PTI is completed you should not have any appointments. If PTI has not been completed they can... View More

1 Answer | Asked in Criminal Law and DUI / DWI for South Carolina on
Q: What does sc "Highway rights Of Way"(SC section 61-4-110) mean? This is in open container stature.

I was not pulled over by officer or on a highway of any type. I had an empty container in my car in the trash bag in car . I was cited with violation of open container statue. I had pulled off highway to turn into a motel for night, as I was moving. It was one am and I was extremely tired. My car... View More

Casey Brown
Casey Brown
answered on Dec 14, 2022

SC Highway Right of Way is the side of the road that is next to the highway. The distance from the highway, other structures or nature, as well as whether that location is within a municipality would determine if a vehicle is within the right of way of the highway. You may want to consult an... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: If I broke a person's door and told them stop giving my child drugs what charge should I receive

He said I broke the door then entered but then I turned around and left, there was no threats at no other crime commited

Casey Brown
Casey Brown
answered on Dec 14, 2022

It would depend on more facts and circumstances from the alleged incident, but a person could be facing a range of charges from malicious damage to personal property up to potentially a burglary. Again, it would depend on the facts of case. Speaking to an attorney as soon as possible would be... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for South Carolina on
Q: What are the stipulations to mutual combat in the state of south Carolina?

If two consenting adults agree to engage in mutual combat under supervision of a referee in an enclosed area and all guidelines were met eg.. both parties agree, understand the engagement rules, and agree to end the fight upon a retreat or the inability to continue could legal proceedings occur?

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Nov 12, 2022

Yes, both parties may be charged pursuant to S.C. Code Statutes regarding assault and battery.

Only fights authorized by the SC State Athletic Commission, a division of SC Labor Licensing Regulation, are immune from application of the SC Codes punishing assault and battery.

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?

James L. Arrasmith
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answered on Mar 2, 2024

It sounds like you're looking for legal guidance related to an issue stemming from the Y2K era, possibly involving technology or digital rights. While the term "Y2K" primarily refers to the year 2000 computer bug concern, if you're facing harassment or legal issues related to... View More

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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 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: I have a charge that was disposed of but it's still showing as pending in the legal system. Who do I contact to fix
Stephen Grooms
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Stephen Grooms
answered on Aug 2, 2023

I would recommend starting with the "clerk of court" over the court where you were charged.

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for South Carolina on
Q: Can I have more than one charge expunged off of my record. One for conviction, non conviction and traffic court

I was convicted of cdv first offense in 2012. In 2022 I was arrested but not convicted of a felony. I went trough pti and had it expunged. In between that time I had a traffic court charge removed. Can I have multiple charges expunged off of my record?

Casey Brown
Casey Brown
answered on Jun 20, 2023

Multiple charges can be expunged depending on the charge(s). A person is allowed to apply for an expungement of their record more than once.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If items were found in room where some one was sleeping during a drug raid. Is it possible to get out of those charges

Individual was asleep in room and bookbag was found in closet

Casey Brown
Casey Brown
answered on May 5, 2023

Many Possession charges deal with the person having dominion and control over the area the items were found. A criminal defense attorney will be able to look at a specific situation for these issues and assist someone who has been charged.

1 Answer | Asked in Criminal Law for South Carolina on
Q: What does MDP mean. 1 st offence
Casey Brown
Casey Brown
answered on May 4, 2023

MDP means Manufacture, Distribution, Possession. This is typically related to the amount or weight of alleged narcotics. The first offense means that the person charged has not been convicted of this offense or an offense that can be enhanced in the past.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How do you get possession of the firearm in a pointing and presenting case
Casey Brown
Casey Brown
answered on Apr 18, 2023

If your question is how to get the gun back in a pointing and presenting case, then the case will need to be resolved in the defendant's favor and the defendant will need to go to the agency that has the gun to request it or the owner of the gun will need to request it with proof of ownership.

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: What can I do about a solicitor trying to force me to testify against my husband in an effort to secure a conviction?

He literally says this in a court motion. He has withheld evidence for nearly a year and is continuing to pursue charged that stem from illegally obtained evidence and an invalid search warrant. I have tried contacting the ODC but they say they can't do anything because charges are still... View More

Casey Brown
Casey Brown
answered on Apr 5, 2023

In SC, a husband or wife cannot be compelled or forced to testify against their spouse about communication between them during their marriage.

SC Code: 19-11-30

1 Answer | Asked in Criminal Law for South Carolina on
Q: 10 year old finds (in your car) and eats 10 THC gummies. Becomes ill and ends up in the hospital. Has a law been broken?

Can this result in a criminal charge?

Casey Brown
Casey Brown
answered on Apr 5, 2023

From these facts, yes, it is possible but there would be more questions that need to be answered to specify what charges could be brought.

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