South Carolina Criminal Defense Legal Questions

Your boyfriend definitely needs a lawyer.  After four months he should have been provided with a public defender if he can't afford a private attorney.  You need to find out what his bond was set at and then go to a bondsman to have him bailed out of jail.  If he can't afford the bail money, then he could ask for a reconsideration of his bond, to see if the judge will lower it to an amount he could afford.  At this point his case has not gone to trial, so whether there is sufficient evidence to convict him is not the question to ask.  Perhaps he needs a preliminary hearing to have a judge look at the evidence to see if there is enough evidence for probable cause.  If there is, the case can go forward.  If not, the case may be dismissed and he could go free.... Read More

This answer does not create an attorney/client relationship.  I am a S.C. attorney and board certified internist.  An assault is causing fear in another of a battery.  Had you squeezed your teacher's hand, this would constitute a battery (an unwanted touch).  Had you blocked her way out, this would be considered false imprisonment (assuming this was your teacher's only means of exiting).  If such charges are pending against you, I would suggest you obtain legal representation. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

You should check your criminal record and see what it says.  You can run it through SLED and it costs about $25.  Once you have your criminal record, look to see what it says about that charge.  If there is nothing that says you were convicted, then you most likely haven't been convicted.  Usually with a deferred sentence, they hold your case open for six months or so, and if no other arrests happen, they usually dismiss the case.  Your criminal record check should tell you whether there is a conviction or not.  You could also call the prosecutor's office where you were arrested and see if they will tell you how the case was disposed.  They may or may not tell you, but it won't hurt to ask.... Read More

It definitely sounds like you have an assault case.  You should report it to the police immediately if you haven't already.  He should be arrested for assault and battery at the least.  If you incurred any medical bills, you may sue him in civil court for damages for the tort of assault as well.  While you should not have called him a name, it is not ok that he pushed you down the stairs. ... Read More

I used to be a police officer and a prosecutor before I became a private attorney, and while there are not a lot of details about this case, it definitely sounds like a scam or fraud.  In many cases, the "lady" has bought something in this country with a stolen credit card number.  Then when your friend goes to pick it up and send it to her or sell it, he is on the hook for the fraud.  If your friend's "lady" is in another country, it is likely that she will never be prosecuted or even found.  He needs to run and find a lady here to talk to.  If I am right about the "lady" your friend will be committing a crime just by picking up the merchandise.  He needs to be extremely careful about this.  ... Read More

This answer does not create an attorney/client relationship.  I am a S.C. lawyer and board certified internal medicine physician. If one willfully withholds information related to a murder, this person is guilty of obstruction of justice and faces potentially serious prison time.  There are sentencing guidelines, but ultimately it is up to the judge as to how much time a person serves. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

This answer does not create an attorney/client relationship.  If your husband is being accused of sexual conduct with a minor this is a strict liability crime, meaning that he could be facing some serious jail time depending on what he has or has not done, as you do not provide much information.  I am a S.C. board certified internal medicine physician and an attorney.  My advice is for your husband to get a lawyer as soon as possible. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

This answer does not create an attorney/client relationship.  I am a S.C. attorney and board certified internist.  Yes, if he is caugt at your home you could be charged as an accesory after the fact.  If you value your kids, you will kick him out immediately.  If he is caught you will need to hire a criminal defense lawyer to help keep you out of jail.  In the event you go to jail, the deparment of social services would have the power to take your children into protective custody after obtaining a warrant from a family court judge.  He can hardly be your boyfriend if he places you and your kids in this sort of jeopardy. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com        ... Read More

This answer does not create an attorney/client relationship.  I am a S.C. lawyer and board certified internal medicine M.D.  You should be discussing this with your criminal lawyer or get one if you do not have one.  If you take the plea then it is up to the judge when you begin serving your time.  If you do not take the plea then you do not necessarily stay in jail pending your trial date.  My advise is to get a good criminal lawyer or a public defender if you cannot afford one.  Only then can you discuss your options with him or her as is your right under the law. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www. michaelsribnicklaw.com... Read More

This answer does not create a lawyer/client relationship.  I am a S.C. lawyer and board certified internist.  You friend needs to hire a lawyer to protect his interests.  Forger the fact that they are holding him against his will.  He needs to lawyer up. Regards, I am Michael G. Sribnick, M.D., J.D. Owner of Michael G. Sribnic, M.D., J.D.,  LLC www.michaelsribnicklaw.com... Read More

This answer does not create an attorney/client relationship.  I am a S.C. lawyer and board certified internist.  If you are accused of a crime by the State of S.C., you do need a lawyer.  You have no case against the company unless they file false charges against you or fire you.  Furthermore, you do not have to take a lie detector test, unless you have signed an employment agreement requiring you to do so.  Even if you did sign such an agreement, you need a lawyer to protect your interests before taking a test that is not admissible in S.C. courts in the first place.  You have not been singled out, as they are requesting that all of you take a lie detector test.  I personally would not take the test without a lawyer to protect my interests. Regards to you, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

It is always a good idea to hire a lawyer to protect your rights.  They can make sure no corners were cut when the police and solicitor's office are prosecuting you.  It may be a misdemeanor crime, but that conviction will show up on your criminal record.  The lawyer may be able to help and they definitely will make sure you get a fair shake in court.  ... Read More

Having been a prosecutor who primarily did CDV cases, I can tell you that, yes, you should have a lawyer with you when you go to trial.  As a prosecutor, he/she may be required by the boss to try cases even when the victim does not want to prosecute the case.  Also, a jury trial may be the way to go, depending on the circumstances, and a lawyer can help you with that.  If you are convicted, you lose your right to carry a firearm, which for some is a big deal.  It can also affect your job depending on what you do.  It is in magistrate court, but don't take this case lightly.  ... Read More

The answer to your question is that there are many crimes that probation is not an option.  They are crimes with mandatory minimum sentences.  For instance, a conviction for criminal domestic violence 2nd Offense in South Carolina carries a mandatory sentence of at least 30 days.  There can be probation after that, but a person with that conviction must serve at least 30 days.  I suspect all states have some crimes that have mandatory minimum sentences, but you would need to check each state and each crime to know for sure.... Read More