South Carolina Criminal Defense Legal Questions

Convictions relating to domestic violence trigger limitations for firearm possession and purchase under federal firearm laws.  Prior to taking additional steps review of the actual charge listed for conviction on the rap sheet should be reviewed with an attorney.  Consideration of the charge, potential expungement, and the current and ongoing collateral consequences of the charge/arrest should be considered with the assistance of an experienced criminal defense attorney.... Read Answer

You have been falsely accused of a crime, and a warrant has been issued for your arrest.  Unfortunately, before you can address being falsely accused, you must successfully defend the charge by obtaining a dismissal before trial, or through trial.  This answer likely seems unfair to you.  You are correct in the moral realm, but not in the legal realm.  Your rights as a defendant can be preserved by the rules of criminal law and your constitutional rights.  The prosecutor and alleged victim of the crime also have the right to have these issues presented to a court. Hire an experienced criminal defense lawyer immediately.   ... Read Answer

First, the alleged probable cause necessary for the issuance of a warrant, and the evidence necessary to convict are significantly different.   Unfortunately, because the arrest has occurred an aggressive defense mounted by an experienced criminal defense attorney is key.  Early challenges at the preliminary hearing level of the evidence compared to the elements of this crime charged.   Second, the crime charged in this instance can be brought with "constructive possession" instead of actual physical possession.  The issue at hand is "control" not whether you allegedly held the illicit substance physically in your hand.   Third, the challenges of illegal search and seizure are detail-oriented.  When scouring and reviewing the state's evidence review of dispatch records, radio transmission, body camera footage, etc can be meshed together to have a complete picture of the timing and events to analyze the search and seizure issues.    Hire an experienced attorney immediately. ... Read Answer

If you were not arrested at the scene, the police have used their discretion to not charge you with Unlawful Carry or Pointing and Presenting a Firearm.   In the remote possibility that you were charged, provided you have no prior criminal history and did not discharge the firearm, an experienced criminal defense lawyer should be able to prevent you from any impact from these facts.   ... Read Answer

The letter was notice to appear in Court.  You must have some idea of the charge against you.  At present it appears that this fine is for contempt of Court, which means you did not show up for your Court date. This answer neither constitutes legal advice nor creates an attorney/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

What your husband needs is  a criminal defense attorney to ascertain exactly what is going on with your husband.  A criminal defense lawyer can plead his defenses, know how to obtain discovery, understands evidence, criminal procedure, etc. The answer to this question neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

As a convicted felon, you cannot use a gun, period.  Admitting it was a stolen gun on a public website is a bad idea.  You would be well advised to retain a criminal defense attorney.  The attorney will know criminal procedure, evidence, etc. that is beyond the grasp of a layman.  Furthermore, you should stop posting, talking, etc. without your attorney present. This answer neither constitutes legal advice nor creates a lawyer/client relationship Dr. Michael G. Sribnick, Esq. criminal defense attorney with office in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

Although, you chances improve if he does not show up, you would be well advised to retain a criminal defense attorney.  It is not his, but the State's case against you, although they must prove every element of grand larceny beyond a reasonable doubt.  They can also demand his presence by subpoena.  A criminal defense attorney knows criminal procedure, evidence, etc.  You should also refrain from further posting, talking, etc. outside the presence of your attorney. This answer neither constitutes legal advice nor creates an attorney client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC www. michaelsribnicklaw.com... Read Answer

Obviously the authorities have a different opinion than yours.  The accused would be well advised to retain a criminal defense attorney.  Assualt requires that the state proves that the victims were in fear of great bodily harm, beyond a reasonable doubt.  A battery is simply an unwanted touch. This answer neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnic, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

There is no statute of limitations on criminal charges in S.C.  He needs to retain a criminal defense attorney. This answer neither constitutes legal advice nor creates an attorney/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

You file a Brady 5 motion.  You would be well advised to retain a criminal defense attorney to handle your case, as you do not know evidence, criminal procedure, etc. This answer neither constitute legal advice nor creates a lawyer/cleint relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney with officces in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

One does not to be in actual possession of methamphetamine to face this charge.  A conspiracy is an aggreement to commit a crime.  If charged, you will need to retain a criinal defense attorney. The answer to this question neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

This may or may not be a IV Amendment seaarch or seizure issue.  You would be well advised to retain a criminal defense attorney. This answer neither constitutes legal advice nor creates a lawyer/client relationship Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Perhaps both criminal and civil.  The criminal charges would need to be theft and you can report this to the authorities.  As far as a civil case you may wish to sue her in small claims court yourself, as hiring a lawyer may be more expensive than monies recovered depending on the value of the bike. This answer neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

The police have the right charge or not charge as they wish.  I am sorry this happened to you.  If you have been injured, your first stop should be seeing a doctor and your next stop should be to retain a personal injury lawyer.  This answer does not constitute legal advice nor does it create a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. personal injury and criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

I am sorry you are having to go through this.  Has he been denied bail?  Does he have a criminal defense lawyer.  If so, you need to pose this question to him.  If not, you need to find him one.  If you cannot afford a lawyer, he should have been assigned a public defender. Dr. Michael G. Sribnick, Esq. criminal defense attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Yes, you have broken the law by selling something that is not legally yours at this time.  When something is financed, until full payment is made, it technically belongs to the finance company until paid in full. Dr. Michael G. Sribnick, Esq. criminal defense lawyer in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

You would be well advised to hire a criminal defense lawyer to protect you and try to keep your child from being taken away by DSS.  If you cannot afford a lawhyer, perhaps you qualify for a public defender. This comment neither creates a lawyer/client relationship nor constitutes legal advice. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Techinically, you did not finish the program.  You would be wise getting a letter from your counseler and having your criminal defense attorney handle this.  If you do not have a criminal defense attorney, hire one to help you.  This answer does not constitute legal advice nor create an attorney/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LL... Read Answer

You can sue the man in a civil court, but if he has no money, an award is unlikely.  You should be prepared to pay the lawyer a retainer fee, as an attorney may not wish to take this case on a contingency alone basis (percent of recovery).  You can also take out a restraining order against the man who cut you. This answer does not constitute legal advice nor does it create a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense lawyer in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer