Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
South Carolina Criminal Law Questions & Answers
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
PREMIUM
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 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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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.

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
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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 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
PREMIUM
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...
View More

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.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I was convicted of 2nd degree assault and battery when I was 24, back in 2012. Would I qualify for expungement?

The incident took place in 2009 and the conviction was in 2012.

Stephen Grooms
PREMIUM
Stephen Grooms
answered on Apr 3, 2023

Assault and Battery, 2nd carries up to 3 years in prison. So even thought it is categorized as a misdemeanor in South Carolina the charge is not eligible for expungement.

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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: If someone has already done time for shoplifting enhanced and 3 years later, charged with the same thing will go to pris

I think he's done time 3 different times for shoplifting . Last was 10 years . Is he going back to prision?

Ryan D Templeton
Ryan D Templeton
answered on Jan 26, 2023

There is no absolute answer to this question but this charge carries up to 10 years in state prison. It is important to discuss your case with an experienced criminal defense attorney that can break down the particulars of your case.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for South Carolina on
Q: Hi, what would be the most common reason for this? I never resisted or assaulted anyone, I'm completely unknowledgable

I don't understand why I would be served this?

Casey Brown
Casey Brown
answered on Jan 23, 2023

More information is needed to answer your question. What were you served with, an arrest warrant, a subpoena, a civil lawsuit for damages?

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 for South Carolina on
Q: If someone said that he will handle things in the worst possible way is that considered a crime in Horry County, SC
Casey Brown
Casey Brown
answered on Jan 6, 2023

The answer would depend on the specific facts and circumstances surrounding what was said. I would say more information is needed to answer the question.

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.