Question and answer

Just in case Google did not have the answer you were looking for, I am here to help.  Some search terms that brought people to trial theory in the last month:

what happens when a case is sent back from general session court to the city in horry county sc court: It depends.  When a case is “remanded” from general sessions to either the city court or the magistrate court, it means that the charge has been reduced to a 30 day misdemeanor or a lesser charge that the lower court has jurisdiction over.  If the case was remanded at a preliminary hearing based on a finding of no probable cause for the greater charge, you can then file a request for a jury trial in the lower court and keep fighting.  Sometimes the solicitor’s office will remand a case “for plea only,” but the defendant must agree to this.  Other times the solicitor’s office will remand a case “for plea or trial,” in which case you can then file a jury trial request and keep fighting on the lesser charge.

can a felony be expunged in south carolina:  Only if the defendant pled under the Youthful Offender Act, and if there are no other convictions on their record.

march to the sound of the guns quote:  “Ride, or march, to the sound of the guns” is a military maxim that has been variously attributed to Napolean’s generals, Stonewall Jackson, George Armstrong Custer, J.E.B. Stuart, and others.  I don’t know any of those people –  I say, “Go to the sound of the guns,” and gratefully attribute it to Maren Chaloupka of Scotts Bluff, Nebraska.

farmer blue sc:  Used to be a police officer in Marion, S.C.

domestic violence jury trial themes:  SODDI (some other dude did it defense); she fell down the stairs (accident); she hit me first (self-defense); she was hitting the baby (defense of others); it was the medication made me do it (Zoloft defense); it was the gangsta rap and the peppermint schnapps (eminem defense); she’s lying to get an advantage in the custody case; she’s lying to get an advantage in the divorce action.

liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society:   Enough said.

how long is the sentence for 1st offense pwid in south carolina:  PWID of what?  PWID marijuana carries 0-5 years; PWID cocaine carries 0-15; how long the sentence is depends on the facts of the case, who the prosecutor is, who the judge is, who the defense lawyer is, what your prior record is . . .

i have a failure to appear warrant in south carolina i just don’t answer door:  I don’t know what to say.  You rock.  For a while, at least.  They’re gonna getcha.

if you have a misdemeanor cdv can you still buy a gun:  Not legally.  Apply for a pardon.

south carolina law enforcement interrogation:  Don’t do it.  The magic words are “I want my lawyer.”  Stop talking.

how to get found not guilty of a cdv charge:  hire an attorney.  See above, domestic violence jury trial themes.

court order forced church attendance:  it’s unconstitutional.

g define: justiceJustice is a lie, G.  Justice is Truth.  Justice is revenge.  Justice is freedom.  Justice is an institution.

can a police tricked driver to admit marijuana possession:   Yes.  “young man, if you go ahead and give me what you’ve got I won’t arrest you.”  Appellate courts have routinely held that police can lie if they want to.

how to get a cdv off your record:  In S.C. a CDV 1st offense can be expunged after 5 years, if you have no other convictions on your record.

cwp licence in sc w/ a cdv?  No.

how long do you have to wait to buy a gun if you got a misdemeanor cdv:  you have to wait until you get it expunged or until you get a pardon.

secretary wanted for sex:  you are just begging for a lawsuit or worse

who decides if i am guilty the prosecutor, judge or jury:  The prosecutor can dismiss your case if he or she decides you are not guilty; the judge can dismiss your case or grant a directed verdict if there is no evidence against you; and if all else fails, the jury can acquit you.

if u have pti in sc does that mean im guilty:  No.  The Pre-Trial Intervention statute specifically states that no admission of guilt is required to enter the program; when you complete the program your charges are dismissed and the arrest is expunged.

 judge control docket:  Not in S.C. – by statute, the prosecutors control the docket in our backwards-ass state.

can a traffic ticket be expunged in south carolina:  No – traffic offenses cannot be expunged, including DUI’s and DUS.

reckless driving expungement south carolina:  see above.

has anyone ever been denied pti for a first offense shoplifting in sc:  PTI requires consent of the victim in any case, as well as the prosecutor.

statute of limitations for cdv:  In S.C. there are no statutes of limitations for criminal offenses.

criminal defense how to start:  Start with law school.  Then, a public defender’s office or work as an associate at a criminal defense-only firm.

do cops have to show up to preliminary hearing:  If they don’t the case should be (but is not always) dismissed; if it is dismissed the prosecutor can still have the case indicted

credibility is everything trial lawyer:  I agree.

 

 

 

 

 

 

 

4 Responses to “Question and answer

  • “it was the gangsta rap and the peppermint schnapps” Very nice BF. I’m adding this one to my repertoire.

  • I AM EMPLOYEE AT HORRY COUNTY I WAS CHARGED WITH CDV. CAN THE COUNTY FIRE ME BEFORE OR AFTER TRIAL??

    • They can fire you for being charged; I don’t know if they will or not but they can. If it is dismissed or if you are acquitted the arrest records will be expunged. I am sure that you already know you need to find an attorney to help you with this, and do not make any statements to law enforcement.

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