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

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

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.

The answer would depend on what day of 1997 the person began registering. This is a tier II offense and the person must wait 25 years from the start of registration to apply for removal since the Powell v Keel case and the law change in May 2022.

Assuming that law enforcement had the right to obtain the item(s) from a home, it depends on the type of item seized. In the example of alleged narcotics, law enforcement must send it to a lab for testing. Field testing also depends on the alleged item seized. Even if an item is field tested it... View More

The delay - not likely. With COVID backlogs still being worked through, a delay of over a year is pretty par for the course. If they haven't given your lawyer discovery - maybe, that's a question you should ask them.

It depends on the jurisdiction, but generally your lawyer would need to file a motion to modify your bond conditions to remove the HD/GPS requirement. If you are eligible for a diversion program like PTI and you want to go that route, your lawyer might be able to get the Solicitor's office to... View More

The answer to your question is "yes". You can state that you have never been convicted, assuming this is your only criminal court case. PTI is not a conviction, it is a diversion program that allows you to resolve your charge without going to court and entering a plea.

Best of luck

In SC the State has to prove each of these elements of first degree burglary:

1. entering a dwelling,

a. without consent AND

b. with the intent to commit a crime

c. at night or remaining there until nighttime

or

c. by a person with a prior record of... View More

No. No maximum age. You can be called again.

An ownership interest in the dwelling will not preclude a conviction of burglary as a matter of law. The jury would have to determine under the totality of circumstances if the defendant used the dwelling in such a manner that it could be said to be his/her home. The test will be if under the... View More

It may be a case of actual v constructive possession. The issues will depend on why law enforcement was there, what rights they had to enter the premises/vehicle, where the alleged narcotics were found, and under what circumstances.

Unfortunately you can’t, absent a full pardon by the Governor of the State of Ohio; sealing or expunging the arrest does not vacate or remove the underlying conviction, which is entered into the National Criminal Information Center (NCIC), the computerized index used to screen for firearms... View More

Under South Carolina Law, there are no criminal statutes of limitations.

It sounds like you may have been issued a citation for shoplifting or petty larceny and plead guilty or no contest. If this is the case then that is a criminal misdemeanor charge, but it can also be classified as a crime of dishonesty. Both could impact your immigration status.

If you were... View More

I can't speak to your jurisdiction, but in mine, the attorney generally has to bring these issues up in court to have them order a mental evaluation by doctors. Even then, the attorney has to believe the Defendant won't be able to help participate in his own defense. Otherwise the jails... View More

Of course. Returning the money doesn't undue the crime of robbery. It might help at sentencing though if your attorney can use it to demonstrate remorse.

Officer cannot write false statements. On the other hand this is personal to you and I would suggest that you have someone else, perhaps a lawyer you might hire, review the reports and see if his review reaches a conclusion which is the same as yours.

It is unclear what type of help you are looking for here based on the topics selected. However, one option that you might consider is filing a police report if you are being followed, harassed, or repeatedly contacted after asking for it to stop. No one should have their mental health damaged... View More

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