years ago i asked a lawyer and he also told me it was a misdemeanor. can you verifly in 2011 did i plead guilty to a misdemeanor or a felony >
answered on Dec 11, 2021
In order to answer this question I would need more information. That particular code section has two different sections. Under the (A) section, depending on the underlying charge that you were convicted of conspiring to commit that could be a felony but the penalty would be one half of the... View More 
I need an affordable attorney that has experience dealing with and winning cases with DSS involvement. I need to know exactly what my rights and options are.
answered on Dec 2, 2021
You can ask any attorney you consult with about how much experience they have defending DSS cases.
The cops came to my house on Wed. 11-17 with a search warrant looking to find a large amount of marijuana. They found a roach. My girlfriend said it was hers so they gave her a ticket for simple possession. They then told me I had to go to the police department Mon. 11-21 because they wanted to... View More
answered on Nov 21, 2021
Is there a statue of limitations for simple possession in SC?
No. There are no statutes of limitations on criminal offenses in South Carolina.
Can they really come back to the house and arrest me?
Yes. In South Carolina we have two types of possession, constructive and... View More
answered on Nov 15, 2021
3 Grams of....
What?
In South Carolina, Drug Crimes are specific to the substance. Without this information we cannot give you an accurate sentencing range.
I got a ticket in June 2021 for driving "10mph or less", paid the fine, but am now receiving a court summons for Dec 2021 for this same offense. I don't understand the timing, nor the reasoning for such an escalation in action. Since the incident, I have taken a defensive driving... View More
answered on Nov 15, 2021
If you received a ticket and paid the fine then generally you are not required to attend Court. When you pay the requested fine then you are essentially pleading guilty to the offense. I would contact the Clerk of Court for the court in which you received the notice and find out the status of your... View More
What are my legal options? I do not have serials numbers, but can get affidavits that they are mine, and I had owned them for about 20 years
answered on Oct 30, 2021
The best avenue to get your guns back is going to be a claim and delivery action in magistrate court (assuming the value is under $7,500.00).
I went to apply for an apartment recently and was denied due to a misdemeanor on my background check. This came as a shock to me. They informed me that it was "carless operation," and then I remembered. In the beginning of 2018 I accidentally ran a red light in a town that I had never... View More
answered on Oct 18, 2021
When you pay a fine that is essentially pleading no contest, which has the same result as a guilty plea for purposes of your driving and criminal record. So unfortunately the answer is yes, this traffic citation should have been on your driving record.
The expungement process generally... View More
Is it possible I was found not guilty or nolle prosse. There is an update online that says application for destruction of arrest records
answered on Sep 2, 2021
Yes, you can be convicted in your absence.
The prosecution only needs to present the victim to the court.
If the victim testifies to the elements necessary to convict you of the offense, you could be convicted.
You would then have only a very limited time to appeal that conviction.
answered on Jul 27, 2021
The likely charges would depend on what they did, and those are up to the police & the DA. Possible charges would be disorderly conduct, threatening, others.
answered on Jul 25, 2021
Hello,
Yes. If police respond with EMS and discover illicit narcotics or illegal drugs on the person who is receiving emergency medical assistance, or if police are the first responder prior to EMS and discover an individual needing help with evidence of illicit narcotics or illegal drugs,... View More
A request for preliminary hearing was put in but was denied
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answered on Jul 15, 2021
Not exactly. SC Code 16-13-180 addresses both "receiving stolen goods" and "receiving or possessing property represented by law enforcement as stolen". While they fall under the same statute and carry the same penalties, the elements of each offense are a bit different.... View More
Can the time on house arrest be credited to their sentencing time?
answered on Jul 14, 2021
Universal Citation: SC Code § 24-13-40 (2015)
The computation of the time served by prisoners under sentences imposed by the courts of this State must be calculated from the date of the imposition of the sentence. However, when (a) a prisoner shall have given notice of intention to appeal,... View More
answered on Jul 11, 2021
Hello.
Unfortunately, we aren’t able to do anything but estimate your release date with the information you provided. Without knowing your actual conviction offense, so that we know whether or not the offense is a 65% or 85% time served offense, we cannot give you an accurate amount of... View More
Federal case. Read this info on the docket. It’s a motion to extend time to file Pre-trial motions.
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answered on Jul 7, 2021
There are a lot of reasons why this could occur, but, no it definitely does not mean a case is going to trial with no plea deal. One reason a motion to continue is filed could be that the AUSA is about to reindict with a superseding indictment and doesn't want to arraign defendant twice and... View More
Suspect is indicted already & is my husband.
answered on Jul 4, 2021
No, you are under no obligation to testify or inform the government of information in your possession unless you are under subpoena.
Even then, you cannot be forced by subpoena or the court to testify against your spouse, if you are legally married, as you and he have “spousal... View More
I was sentenced to 8 years non violent from a 16-3-29 due to the judge stating he was "dropping it" to non-violent aggravated assault....I don't know if this is consistent with the law
answered on Jul 1, 2021
Hello,
In South Carolina, SC Code Ann. 16-3-29 is Attempted Murder, a violent felony. The lesser included offenses of Attempted Murder are:
Assault and Battery of a High and Aggravated nature, a violent felony, S.C. Code Ann. 16-3-600B)(1);
Assault and Battery in the First... View More
answered on Jun 29, 2021
In South Carolina a conviction as opposed to a pending charge is required to enhance a subsequent offense. Further it takes a minimum of 3 property crime convictions to enhance to a felony level property crime. Once you get to a felony level property crime, it carries up to 10 years in prison.... View More
Caselaw from Georgia..state v Goodman, 469 s.e.2d 327.
Georgia court of appeals ruled in favor of the guy,and say he did not violate the left turn law , my case from SC is 98% like his.
answered on Jun 21, 2021
First I am not a SC attorney. But generally a case from out of state (by it Georgia, or elsewhere) do NOT bind the South Carolina courts. It can be persuarive authority but the South Carolina courts do not have to follow it.
$500, which was increased to $1000 when I said I couldn’t. They apparently followed me yesterday and saw the apt I live in. Now they are threatening to expose me to my family.
answered on Jun 20, 2021
Hello. We are terribly sorry to hear about this. No one should be afraid of such exposure by such types of people, merely for being who they are. This is repugnant and despicable.
You have several causes of action both criminal and civil.
South Carolina has no Revenge Porn Laws; the... View More
answered on Jun 6, 2021
Hello,
Yes, the State could reduce armed robbery to strong armed robbery. However, this is usually done as a condition of plea negotiations. We recommend that you speak with this possibility to your attorney.
We hope that this helps you, and wish you the best in your matter.
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