If you do not show up to court then you can be tried in your absence and found guilty. Even if the alleged victim does not appear, If you are not there to make certain objections to hearsay testimony then you could be convicted. Not showing up for court is rarely a good idea.

I would... View More

Well, South Carolina lawyers are unlikely to answer the questions of a Sanford, Florida questioner because we are not bar licensed in Florida.

We wish you well with your Florida legal matter.

He needs to hire an attorney to present his case the the Judge! If he qualifies for a public defender it would be best to reach out to them and make sure that someone has been assigned to his case. I would never recommend for someone to go to a motion to revoke bond on his/her own.

The best thing for this person to do is file a form with the prison where he is currently being held under the interstate agreement on detainers. This will force the State of SC to start the process of bringing him back for trial on the state matter. If the state fails to do so within a certain... View More

It would be wise to reach out to an attorney in this area so that they can properly represent you on your shoplifting charge. So long as this is not an enhancment charge this case would carry up a 30 days in jail and/or a fine.

This charge is a misdemeanor offense that carries up to 1 year in prison and could require the sex offender registry and/or an ankle monitor if a minor child is involved in the underlying offense.

https://www.sccourts.org/cdr/displayCDRcode.cfm?CDRcode=373

You will need to apply for an expungement. An attorney can walk you through that process or you can do so on your own.

Hello,

Yes; if the Court asks you a direct question, you must answer the Court truthfully. If the Court discovers that you are lying to it and the presiding judge, you can be held in Contempt of Court, which under South Carolina Law means you can be jailed or fined in an amount determined... View More

Hello,

No. During a traffic stop, if suspected narcotics are found, you have no right to have the drugs tested in your presence.

The type of test you are talking about is called a NIK Drug Test, in which a sample of the drug is placed in a bag with chemical reagents that react with... View More

Normally the state is not going to retest a substance unless the solicitor wants that done for some reason. That being said, you/your attorney can hire an expert to independently test the substance and file a motion with the court to have the item turned over to the expert for testing.

Absolutely, payment of fines, fees, and any restitution ordered by the Court are all conditions of successfully completing probation. Therefore non payment could be grounds for violation.

Hello,

Trafficking is not eligible for expungement in South Carolina.

The only recourse you would have at this time is to petition for a pardon through SCPPP, and if it were approved and the Governor granted a pardon, then the charges could be expunged.

In normal circumstances he cannot be held for more than 24 hours before being picked up or a bond being set. That is assuming that this is the first time that he is being arrested and this is not an arrest on a bench warrant.

Most attorneys that do criminal work give free consultation. It would be good to go speak to an attorney in your area about your situation. If you cannot afford an attorney the public defender may also be an option for you.

Hello,

No. You were too young to appreciate right from wrong, and children at that age are generally not prosecutable.

There are two components to a crime: a wrongful act, and a wrongful desire to complete the act. The State must prove both. With minors, there is an additional... View More

I'm sorry your question went unanswered for three weeks. If your son is still looking for an attorney, you could go to the Find-a-Lawyer tab above - there is a section "Native American Law." You could also run your own independent searches online, or you could visit the website of... View More

Hello, thank you for the chance to answer your question.

Trafficking is a violent crime under SC Law. Under our sentencing scheme, your husband is eligible for parole after he serves 85% of his sentence. Based upon what you have stated here, he would be eligible for parole after 5 years... View More

Hello.

We are sorry to hear about these problems that your mother is having. No one should ever feel unsafe in their home.

The first thing that you should do is go down to your County Family Court, and speak to the Clerk of Court there. Tell them that you need an emergency... View More

(E)(1) A person commits the offense of assault and battery in the third degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so.

(2) A person who violates this subsection is guilty of a misdemeanor, and, upon... View More

When you find out you have an outstanding arrest warrant for yourself, the first thing to do is find out the specific terms of the warrant. Is a bond set with the warrant? If so, how much is the bond and what are the terms of the bond. If you can post the bond, you can avoid going to jail.... View More