South Carolina Criminal Defense Legal Questions

Interesting question. It sounds like a law school hypothetical. If the officer observed you commit a traffic violation then he may detain you. The K9 sniff is tantamount to a "plain view" inspection. If the K9 (let's just call it a dog) alerts, then the officer will have reasonable suspicion to detain you beyond what is necessary for the traffic stop and may search the vehicle without your consent. Your best defense is to show you were wrongfully detained and your 4th Amendment rights were violated.... Read More

Your scenario makes no sense. If the other party is threatening you with "pressing charges", then it's a criminal matter, not civil. There is no such thing as a monetary settlement in a criminal matter. There is also no statute of limitations or enforceable release. If you are referring to a civil action, then you are entitled to proof that your money was placed in escrow.... Read More

It depends upon exactly what he was specifically charged with. The maximum for a misdemeanor is 30 days/$1000. The maximum penalties for felonies are considerably higher. Frankly I would be more concerned with finding a good defense attorney than I would with the possible penalties. Was the roxy prescribed or was he using it "recreationally"? ... Read More

South Carolina is an "at-will" employment state meaning anyone can be fired for any reason with or without cause. Regarding possible charges, anyone can be charged with anything if there is probable cause. If the prescriptions were forged I would think it would be fairly easy to show that in court and get a directed verdict.... Read More

No. Corporal punishment is an exception per statute so long as you don't go overboard. 4) "Child abuse or neglect" or "harm" occurs when the parent, guardian, or other person responsible for the child's welfare:(a) inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which:(i) is administered by a parent or person in loco parentis;(ii) is perpetrated for the sole purpose of restraining or correcting the child;(iii) is reasonable in manner and moderate in degree;(iv) has not brought about permanent or lasting damage to the child; and(v) is not reckless or grossly negligent behavior by the parents.... Read More