South Carolina Criminal Defense Legal Questions

The first thing I look at in this situation is was there reasonable suspicion to initiate the traffic stop. If not, then I would move to have the evidence made inadmissible via the "fruit of the poisonous tree" doctrine. However, there is case law that states if the officers mistake was not aggregious, then the evidnce may still be allowed in. It's difficult to determine given the limited amount of information you provided.... Read More

You cannot be compelled to testify against your ex-husband for communications made during your marriage. Following is the appropriate SC rule of evidence: SECTION 19-11-30. Competency of husband or wife of party as witness.In any trial or inquiry in any suit, action, or proceeding in any court or before any person having, by law or consent of the parties, authority to examine witnesses or hear evidence, no husband or wife may be required to disclose any confidential or, in a criminal proceeding, any communication made by one to the other during their marriage.Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on child abuse or neglect, the death of a child, or criminal sexual conduct involving a minor.... Read More

It's "NCIC", the National Crime Information Center. You should not be prohibited from purchasing a firearm for misdemeanors, only felonies. You definitely should not be held up if you were never convicted of a crime. If you were convicted of a crime that would prohibit you from purchasing a firearm, you would need a pardon, not an expungment. There's a big difference.... Read More

Is this a DSS action or a criminal action? If it's DSS, they will likely move to have your children placed in temporary custody with someone other than you. The worst they can do is a TPR, or termination of parental rights. Once your parental rights have been terminated, you cannot get them back. I assume you have an attorney. If you cannot afford one the court may appoint an attorney free of charge. If you do not have an attorney, request a continuance on Monday and advise the judge that you are seeking counsel.... Read More