South Carolina Criminal Defense Legal Questions

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209 legal questions have been posted about criminal law by real users in South Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
South Carolina Criminal Defense Questions & Legal Answers - Page 2
Do you have any South Carolina Criminal Defense questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 209 previously answered South Carolina Criminal Defense questions.

Recent Legal Answers

If being attacked in public by punches, what rights do I have to defend myself?

Answered 9 years and 11 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You do have the right to defend yourself, but may wind up hiring a criminal defense attorney and appearing in a court of law for stabbing someone.  You can never be sure that a stab wound would not hit a major artery and be charged with attempted murder or murder.  You better be sure that the knife you carry is not a concealed weapon, if you do not have a concealed weapon permit.  This answer does not constitute legal advice nor does it create a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC  ... Read More
You do have the right to defend yourself, but may wind up hiring a criminal defense attorney and appearing in a court of law for stabbing someone.... Read More

I am charged with 2 counts of CDR # 0186 and never been in trouble before what should I do

Answered 10 years and a month ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should keep quiet and hire a criminal defense attorney to protect your rights. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC
You should keep quiet and hire a criminal defense attorney to protect your rights. Dr. Michael G. Sribnick, Esq. criminal defense attorney in... Read More
 You should consult with the clerk of court  in your county  to determine their preference for the payment of the application fee.   
 You should consult with the clerk of court  in your county  to determine their preference for the payment of the application fee.... Read More
Clients and lawyers regular fail to communicate effectively because of incorrect contact information.  Consider speaking with the administrative staff of the public defender's office.  Confirm correct contact information is on file.  Request that the administrative staff set a conference, live or telephone, with your attorney.  Determine if you can communicate with your attorney via email or text.  Regardless of your past issues, your right to counsel continues.... Read More
Clients and lawyers regular fail to communicate effectively because of incorrect contact information.  Consider speaking with the administrative... Read More

after a mistrial and transcripts have been giving from 1st trail, how lond does prosecute have to take it back to trail?

Answered 10 years and 4 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
This would be up to the prosecutor, but he or she has up to the statute of limitations depending on the crime committed.  This advice does not create a lawyer/client relationship. Regards, I am Dr. Michael G. Sribnick, Esq. criminal defense lawyer in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More
This would be up to the prosecutor, but he or she has up to the statute of limitations depending on the crime committed.  This advice does not... Read More

Is it possible to charge more than one person for shoplifting same merchandise

Answered 10 years and 4 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It sounds like you were charged as an accomplice.  I suggest that you consult with a criminal defense attorney if you are not happy with your public defender. Regards, I am Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More
It sounds like you were charged as an accomplice.  I suggest that you consult with a criminal defense attorney if you are not happy with your... Read More

do i have a case agaist a meth possesion charge

Answered 10 years and 5 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
This answer does not create a lawyer/client relationship.  You would be well advised to hire a criminal lawyer as possession is codified in S.C. Code Ann. SECTION 44ยฟ53ยฟ375. Possession, manufacture and trafficking of methamphetamine and cocaine base and other controlled substances; penalties.  (A) A person possessing less than one gram of methamphetamine or cocaine base, as defined in Section 44ยฟ53ยฟ110, is guilty of a misdemeanor and, upon conviction for a first offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. Thus, if found guilty, you could face up to 3 years in prison, up to five thousand dollars in fines or both. Regards, I am Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com... Read More
This answer does not create a lawyer/client relationship.  You would be well advised to hire a criminal lawyer as possession is codified in S.C.... Read More

malicious injury to personal property

Answered 10 years and 5 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
This answer does not create a lawyer/client relationship.  I suggest you hire a criminal lawyer to protect your rights and ask for a jury trial.  This offense is described in S.C. Code Ann. 16-11-510 Malicious Injury to Animals and other personal property(b)(3) assuming that the value of the property is $2,000 or less, this is a misdemeanor carrying, if you are found guilty, a fine of not more than $1000 or 30 days in jail or both, triable in Magistrate Court.  Just because you feel there were no witnesses does not mean that it does not come down to whether you or your neighbor's friend will be a more credible witness. Regards, I am Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com... Read More
This answer does not create a lawyer/client relationship.  I suggest you hire a criminal lawyer to protect your rights and ask for a jury trial.... Read More

In SC if they charged a person with murder, and they found that he was innocent,can they charge someone else with the same crime

Answered 10 years and 5 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
This answer does not create a lawyer/client relationship.  Yes, they can charge someone else with that particular crime.  Double jeopardy only applies to the person that was found innocent, as he or she can nevever again be charged with that same crime. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More
This answer does not create a lawyer/client relationship.  Yes, they can charge someone else with that particular crime.  Double jeopardy... Read More
I don't really understand your question, but I'll try to answer it. I doubt the warrant was defective enough to exclude evidence obtained in furtherance of the warrant. All you need for a warrant is probable cause and a judge's approval.
I don't really understand your question, but I'll try to answer it. I doubt the warrant was defective enough to exclude evidence obtained in... Read More

MY Daughter is being charged with murder in spartanburg SC detention center PLZ SHE NEEDS HELP..

Answered 10 years and 5 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
This advise does not create an attorney/client relationship.  If your daughter has been charged with murder she needs a lawyer as soon as possible, regardless of what you think.  If she cannot afford a lawyer, the court must appoint one to represent her. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More
This advise does not create an attorney/client relationship.  If your daughter has been charged with murder she needs a lawyer as soon as... Read More
It doesn't matter. Your primary concer should be his legal defense, not why the prosecution needs another DNA sample.
It doesn't matter. Your primary concer should be his legal defense, not why the prosecution needs another DNA sample.

what to expect in court for felony misconduct twards a child?

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Defense
Jail time is certainly a possibility and my guess is DSS will get involved and file a TPR.
Jail time is certainly a possibility and my guess is DSS will get involved and file a TPR.
Yes, but I highly doubt the prosecution will be successful. Next time take a taxi before you kill someone.
Yes, but I highly doubt the prosecution will be successful. Next time take a taxi before you kill someone.
Report this woman to the police. Possible charges are contributing to the delinquency of a minor, harrassment, etc. Contact your local magistrate and have an order of protection (i.e. restraining order) issued barring contact between the wonam and your child.
Report this woman to the police. Possible charges are contributing to the delinquency of a minor, harrassment, etc. Contact your local magistrate and... Read More

What recourse do I have if my attorney will not return my phone calls?

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Defense
You can call the Offic of Disciplinary Counsel and file a complaint. The two largest complaints against attorneys are poor communications (not returning telephone calls) and misuse of trust funds. I suggest you first call your attorney and advise him/her that if you don't get some answers you will file a complaint. www.sccourts.org/disccounsel/index/cfm... Read More
You can call the Offic of Disciplinary Counsel and file a complaint. The two largest complaints against attorneys are poor communications (not... Read More
It happens every day. You do not want a CDV conviction on your record. Retain a capable defense attorney.
It happens every day. You do not want a CDV conviction on your record. Retain a capable defense attorney.
No. That would be a violation of your 4th Amendmant.
No. That would be a violation of your 4th Amendmant.

what will happen if you can't show certificate

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Defense
You don't "own" money, the United States Treasury does. I've never heard of a certificate of ownership for money. The mere fact that it is in your possession makes it yours unless it is stolen or gained through illegal means. Your question, if it is a question, makes no sense.
You don't "own" money, the United States Treasury does. I've never heard of a certificate of ownership for money. The mere fact that it is in your... Read More

what will happen if you are caught laundering money

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Defense
Most likely a warrant will be issued and you will be arrested.
Most likely a warrant will be issued and you will be arrested.
It's a crminal charge, so you have the right to an attorney. If you can't affprd one and meet certain criteria, an attorney may be appointed to you by the court. You also have a right to confront any adverse witnesses. If there are not, the charge should be dropped.
It's a crminal charge, so you have the right to an attorney. If you can't affprd one and meet certain criteria, an attorney may be appointed to you... Read More

if i post a collateral bond ?

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, that is the point of a collateral bond. If you put up your car or house as collateral on the bond and your son skips trial, the bond is kept and the bondsman could force the sale of your assests at a sheriff sale to recover the bond.
Yes, that is the point of a collateral bond. If you put up your car or house as collateral on the bond and your son skips trial, the bond is kept and... Read More
Yes and yes.
Yes and yes.
That's a shame. Is there a question somewhere?
That's a shame. Is there a question somewhere?

is it very common for a lawyer to have his practice at his house

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Defense
Some do, some don't. The question is are you comfortable with your attorney?
Some do, some don't. The question is are you comfortable with your attorney?