South Carolina Criminal Defense Legal Questions

First of all this answer does not create an attorney/client relationship.  I am a S.C. board certified internist and attorney.  This is a type of bailment called a gratituous bailment as the college did not benefit in any way from operating a lost and found.  The duty of care is lower in a gratitous bailment than in a baliment by contract where the duty of care is of a higher standard as the bailor and the bailee have been mutually benefitted from the contract.  In your case this there was no contract as you lost something, making the bailment a gratitous type of bailment.  If the college can show it used ordinary care in handling what was turned in you are out of luck.  The burden is on you to show that ordinary care of a reasonable person was not taken by the college leading to your property being stolen or misplaced.  If you can prove that, go for it.  If not, my advice would be to drop the matter.  If you had entrusted your watch, for example, to a jewler to be repaired, then the burden on you would be less, as there would have been a contract; and if the jewler did not take security measures to protect its premises, and your watch were stolen then you would have a much better case as that is a non-gratitous bailment.  I hope I have explained this in a manner in which you understand. Regards, 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

The police need probable cause to get a warrant.  They may have found some things that indicate to them you may have been growing, but it would take more than a suspicion to get a warrant.  They could pull your electric bill to check if your electric consumption was normal for that area, etc.  If they get enough evidence to get a warrant, or if you want representation if you feel a warrant is coming, just give me a call and we can discuss your situation more fully.  My name is Jim Courtney and the number is 843-822-9800.  ... Read More

This answer does not create a lawyer/client relationship.  I am a S.C. board certified internist as well as an attorney who does criminal law, as well as other areas of the law; but I do not solicit clients.  Having the charges expunged would be best, but you do not state your age at the time of the offense.  A juvenile offender would stand a better chance of getting this done. 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

This answer does not create an attorney/client relationship.  You state you paid him in full, but you do not state the terms of the contract (what services were to be provided for what fee agreement).  If he now works in the Solicitor's Office, there would be a conflict of interest, but he is not entitled to keep a fee for any work that has not been done.  Please try to be more specific.  What did you pay the attorney to do for you?  What has he done?  Finally, he can not keep fees that go beyond the work done. Regards, Michael G. Sribnick, M.D., J.D.  Attorney at Law Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

You most likely will have a bail set, but it may be steep so you might not be able to post enough money to get out.  You should have a lawyer working for you to try to convince the judge the bail should be set low.  You should hire a lawyer before you turn yourself in, if you can.  ... Read More

This may not be the answer you want, but the easiest way to take care of a bench warrant is to turn yourself in.  Of course, if you do, you will be arrested, booked, detained, and will not be able to help yourself.  If you have a job, you might lose it if you can't get bail quick enough.  You might want a lawyer working in your corner before you do that.... Read More

In order to have a charge expunged in South Carolina, it can only be certain charges, and you must wait three years (that is three years after the end of probation or parole) before you can file the paperwork to have it expunged.  If it isn't elligible for expungement you can also try to get a pardon.  They take longer to do, and there is no guarantee it will happen, but it is a possibility.  ... Read More

If you are asking about voluntary manslaughter, if you are convicted for that offense, it is a Class A felony, and the prison time is a minumum of 2 years, with a maximum of 30 years.  You really don't want to risk that kind of time without a good lawyer.  If you can't afford a lawyer, there is the public defender, but if you can afford it, you should hire a private lawyer.  If you are interested, you should give me a call so we can discuss whether I would be the right lawyer for you.  My number is 843-822-9800.... Read More

Your best chances of not going to jail, and having your record erased after a hit and run charge is to hire a lawyer to help you.  A private lawyer will have more time to devote to your case, but if you can't afford a private lawyer, a public defender may be able to help you as well.  There are options your lawyer can investigate for you.  If you want a private lawyer, give me a call and we can discuss whether I am the right lawyer for you.  843-822-9800.... Read More

Simple Possession of Marijuana = possession of less than 28 grams of marijuana and is a misdemeanor.  If you are convicted you may face: Driver's license suspension Risk of a court-ordered fine ($100 - $200) Risk of a jail sentence (1 month) Permanent criminal record Possible Loss of college scholarship opportunities Conditional discharge is the most commonly offered diversionary program for defendants that have been charged with simple possession.  A conditional discharge may require community serviceand/or entering into a treatment program. With the conditional discharge, you would be required to plead guilty.  The plea will not be recorded unless you fail to fulfill the requirements of the conditional discharge.  Once successfully  completed you will be discharged and the charges dismissed, potentially allowing for you to later expunge these charges.  Why do I need an attorney for this you may ask?  An attorney could review the evidence against you.  It may be that the charges need to be dismissed.  You probably would not be able to pick up on this.  You might not be offered traditional terms of conditional discharge or not offered conditional discharge at all.  An attorney could negotiate to accomplish having conditional discharge offered and offered on acceptable terms.  I always recommend hiring an attorney.  The cost far outweighs the chance that something could go wrong and affect you for the rest of your life. If you or someone you know has been charged with simple possession of marijuana, tell them to contact Eric C. Hale, Esq. immediately and I will provide you/them with the help they need. Law Office of Eric C. Hale, LLC; (803) 250-5252; eric@erichalelaw.com  DISCLAIMER: The foregoing is provided for informational purposes only and does not constitute legal advice.  The foregoing is intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of this information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. The foregoing is offered only for general informational and educational purposes. It is not offered as and does not constitute legal advice or legal opinions. You should not act or rely on any information contained herein without first seeking the advice of an attorney. If you contact me/us through this website or in connection with a matter for which I/we do not already represent you, your communication may not be treated as privileged or confidential.  The transmission of an email request for information does not create an attorney-client relationship and you should not send me/us via email any information or facts relating to your legal problem or question.  There is a risk of waiver of attorney-client privilege and/or work product privileges that might otherwise attach to your communication... Read More