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 8
Do you have any South Carolina Criminal Defense questions page 8 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

My boyfriend has a warrant for general session, what is he expecting to happen?

Answered 12 years and 11 months ago by Mr. Michael Charles Sahn (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
He should contact an experienced criminal defense attorney in Berkeley County, who will ensure that his rights are protected and what the next steps to take are.
He should contact an experienced criminal defense attorney in Berkeley County, who will ensure that his rights are protected and what the next steps... Read More

How do I find an attorney that will represent me against a protection order?

Answered 12 years and 11 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Criminal Defense
Find one locally and set up a conference.
Find one locally and set up a conference.

Are there options for a victim who has been subpoenaed to not testify if there is enough evidence against the defendant?

Answered 12 years and 11 months ago by Francis John Cowhig (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Defense
If you were served with a subpoena, which is a court order to appear in court on a certain date and at a certain time, you are required to appear in court on the date stated on the subpoena. Failure to do so can result in the judge issuing a bench warrant or body attachment for your arrest. The police will be looking for you and when found will arrest you and eventually bring you to court to explain to the judge why you disobeyed the subpoena. The court can find you in contempt of court and sentence you to jail. If you refuse to testify, the court can also find you in contempt and sentence you to jail. You may want to talk to the D.A. and explain why you do not want to testify, but it will be up to the D.A.... Read More
If you were served with a subpoena, which is a court order to appear in court on a certain date and at a certain time, you are required to appear in... Read More
it is possible you could get charged.
it is possible you could get charged.

how much jail time are my friends facing for possession and distribution of marijuana and cocaine?

Answered 12 years and 11 months ago by Michael J. Breczinski (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Criminal Defense
This question depends on all the facts and their prior records. Without those I can't give an opinion.
This question depends on all the facts and their prior records. Without those I can't give an opinion.

Was the police officer supposed to read my Miranda rights when he re-arrested me?

Answered 12 years and 11 months ago by Andrea Rogers (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Criminal Defense
Police officers can arrest you without reading you your Miranda rights. They only need to read you your rights if they want to interrogate you while you're in police custody and use your testimony against you in court.
Police officers can arrest you without reading you your Miranda rights. They only need to read you your rights if they want to interrogate you ... Read More

What can I do about my upcoming court date for reckless driving charge which I feel is unjust?

Answered 12 years and 11 months ago by Andrea Rogers (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Criminal Defense
Hire an attorney to represent you for the reckless driving charge. Most likely, a traffic law attorney can get the charge reduced to a lesser offense, maybe even "illegal parking." If you want to fight this in court, you will need to hire an attorney to try the case for you, which can be expensive.... Read More
Hire an attorney to represent you for the reckless driving charge. Most likely, a traffic law attorney can get the charge reduced to a lesser ... Read More

Am I in trouble if my girl friend got in my car after stealing?

Answered 12 years and 11 months ago by Andrea Rogers (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Criminal Defense
Yes, it's possible. If you get charged, then hire a criminal defense attorney.
Yes, it's possible. If you get charged, then hire a criminal defense attorney.

Can the guardian knock on doors and demand items that my friend gave to me be returned to her?

Answered 13 years ago by Ronald A. Steinberg (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Criminal Defense
I already said NO. The guardian has to prove that the person was incompetent when the gifts were given, not incompetent now.She has no authority to enter your property without your permission. She does have the right to start a lawsuit or motion to require you to come to court, but without a court order, she cannot take back any property. She is not a police officer and so she cannot come onto your property without permission.... Read More
I already said NO. The guardian has to prove that the person was incompetent when the gifts were given, not incompetent now.She has no authority to... Read More

What can be done about items being taken back that were given away?

Answered 13 years ago by Ronald A. Steinberg (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Criminal Defense
No! A gift is complete when the item passes to your hands. She would have to prove that the person was incompetent WHEN THE GIFT WAS GIVEN, not now.
No! A gift is complete when the item passes to your hands. She would have to prove that the person was incompetent WHEN THE GIFT WAS GIVEN, not now.
A "Ticket" (citation) is only issued for summary offenses, motor vehicle violations, etc. Possession of Paraphernalia is a misdemeanor. You are either going to get a speeding ticket (citation) in the mail or a summons for the drugs. Hope for the former, which is probably what will happen as the possession on you would be hard to prove given your buddy taking the blame.... Read More
A "Ticket" (citation) is only issued for summary offenses, motor vehicle violations, etc. Possession of Paraphernalia is a misdemeanor. You are... Read More
If what you say is true, get a lawyer, as that case sounds like you can win it.
If what you say is true, get a lawyer, as that case sounds like you can win it.

Is it normal for a criminal defense attorney to charge up front?

Answered 13 years ago by Michael J. Breczinski (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Criminal Defense
That is correct. How many attorneys get paid after the fact or from jail? Attorneys are a profession with one of the biggest rates of nonpaying clients.
That is correct. How many attorneys get paid after the fact or from jail? Attorneys are a profession with one of the biggest rates of nonpaying... Read More

If I was arrested, charged, and booked in Charleston, SC but never was read my rights, would the case get thrown out?

Answered 13 years ago by Mr. Michael Charles Sahn (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Not being read your Miranda rights would most likely not get the case dismissed. What it could mean is that anything you said could not be used against you in court. Please contact an experienced criminal defense attorney for more details.
Not being read your Miranda rights would most likely not get the case dismissed. What it could mean is that anything you said could not be used... Read More

How much time for robbing a bank will my husband get?

Answered 13 years ago by Michael J. Breczinski (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Defense
It depends on all the priors and details of the matter but somewhere in the range of 10 to 20 years may be reasonable.
It depends on all the priors and details of the matter but somewhere in the range of 10 to 20 years may be reasonable.

Can I still press sexual assault and rape charges after 9 years?

Answered 13 years ago by John J. Carney (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Criminal Defense
There is no statute of limitations in New York for rape or murder. You should always tell your lawyer the truth and let him advise you from there. So many people are vindictive and just want to get even and they falsely accuse others. This can result in a charge of making a false police report or the conviction of an innocent person. If you were 16 consent is not possible and it would be statutory rape but it is doubtful that he would be convicted after all these years.... Read More
There is no statute of limitations in New York for rape or murder. You should always tell your lawyer the truth and let him advise you from there. So... Read More

I was slammed by an officer and hit in the head I have it on video do you think I have a case?

Answered 13 years ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Criminal Defense
Slammed what does that mean? and why? And what does the officer say? Why don't you start by telling internal affairs if you think an officer overreacted, or tell the police chief. Doesn't sound like much of a case in any event you can sue anybody but proving fault and damages is something else.... Read More
Slammed what does that mean? and why? And what does the officer say? Why don't you start by telling internal affairs if you think an officer... Read More

How many years can you get for attempted murder.

Answered 13 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Criminal Defense
IN some states, as much as the crime of murder itself.
IN some states, as much as the crime of murder itself.

If I miss a court appearance, will there be a warrant out for my arrest?

Answered 13 years and a month ago by attorney William R. Pelger   |   7 Answers   |  Legal Topics: Criminal Defense
Probably. Call whatever court it is that you missed and find out. A lot of times, like with a preliminary hearing, you can turn yourself in and they will issue you new court papers. Be aware though, sometimes this isn't the case and you have to go to jail. If you can't get a specific answer to this from the court personnel, hire a lawyer.... Read More
Probably. Call whatever court it is that you missed and find out. A lot of times, like with a preliminary hearing, you can turn yourself in and they... Read More

What is the statute of limitation if I have been charged and have a warrant for burglary?

Answered 13 years and a month ago by Michael J. Breczinski (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Criminal Defense
If you have been charged then the Statute of limitations no longer applies.
If you have been charged then the Statute of limitations no longer applies.