Question and answer

One thing I love about wordpress is the ability to easily see the search terms that bring people to the website – I had that ability with the platform I was using before, but I had to log in to Google Analytics, it was a pain in the ass, and it is just so much simpler now.  I hope that people’s questions were answered, but in case they were not here are some questions and answers based on search terms from the past week:

what happens in a pretrial conference in south carolina horry county?”  Assuming you mean in a criminal case, there is only one court in Horry County that has a “pre-trial conference” per se, and that is Myrtle Beach Municipal Court.  At the pre-trial conference, the attorney meets with one of the municipal judges and one of the city prosecutors, in a conference room, sitting at a conference table, and try to “work out” the defendant’s case.  A plea agreement might be reached, the defense lawyer might be able to persuade the City to dismiss the case if there is a good reason, or if no agreement is reached a trial date is set.  Other municipal courts and the magistrate court/ central jury court have roster meetings, and some municipal courts call it a “jury strike” although it is the same as a pre-trial conference.

how to get dash cam video and interrogation video in north carolina?”  Your attorney will file a motion to obtain the evidence in your case.  If it is not provided by the prosecutor, your attorney will file a motion to compel or can subpoena the materials.

south carolina laws regarding expunged records” The records should not be accessible – when an agency receives an expungement order they are required to destroy all records of an arrest.  The only exception that I know of is when a defendant completes a pre-trial diversion program SLED will keep a record after the arrest is expunged, so that people cannot complete PTI twice.

being snarky as a lawyer”  Perfectly acceptable.

if i pay a noise violation ticket in myrtle beach am i pleading to a misdemeanor?”  Yes you are.

why is bond denied on cdv case?”  If it is a CDV 1st offense, because the judge does not know the law or does not care.

new expungement law in sc”  One thing that changed is that youthful offenders can  no longer have their record expunged unless they pled and were sentenced under the Youthful Offender Act (YOA).  But the time limit has now changed from 15 years to 5 years after completion of the sentence.  You can get a misdemeanor punishable by no more than 30 days expunged 3 years after the conviction, if there are no other convictions before or after, unless it is CDV which can be expunged 5 years after the conviction, or unless it is a traffic offense (including DUI and DUS), which cannot be expunged at all.

does sc still do pre trial intervention for 1st offense cdv?”  CDV 1st offense can go to PTI, if you otherwise qualify, if the victim consents, and if the prosecutor agrees.

can a felony of breach of trust be expunged in south carolina?”  If you pled under the Youthful Offender Act and have no other convictions on your record, 5 years after the completion of your sentence (see above).  Otherwise, no.

cdv charges in situations where one or both of the parties are under the influence of alcohol”  That pretty much covers 99% of CDV charges, doesn’t it?

victim cross examination in cdv trial”  Isn’t it true that . . . You were drunk?  You were on drugs?  You attacked my client?  You have a custody hearing coming  up and wanted some ammunition?

can you be eligible for pcr if your convicted of a crime and must serve 85 percent of state time?”  If there are grounds for PCR, it does not matter what crime you were convicted of.  The most common ground for PCR is ineffective assistance of counsel, but there are others such as prosecutorial misconduct.

can a minor in possession of alcohol hurt u in south carolina”  I suppose the minor could hurt you, if they were drinking the alcohol and had violent tendencies.  Seriously, one of these will suspend your driver’s license, and two of these will prevent you from getting financial aid for college.  Either way, you will have a criminal record that potential employers will not be impressed with.

jun yasuda” “jon katz”  How did this bring you to my blog?  Go here and here instead.

south carolina disorderly conduct cases that was found not guilty”  We have had several – particularly First Amendment cases where our clients were punished for disagreeing with a police officer and held in “contempt of cop.”

are victims required to come to court for cdv trial?”  If you receive a valid subpoena, and you don’t show up, they could send a sheriff’s deputy to bring you to court.  If you are not sure, get legal advice from an attorney (get independent advice from someone other than the defense attorney or the prosecutor).

“south carolina subpoena out of state witness”  Speaking of subpoenas that are not valid: if you receive a subpoena in the mail from a South Carolina attorney/prosecutor, and you live in another state, the subpoena is not valid.  Obtaining an out of state subpoena is a lengthy process.  A local judge must sign a certificate that the witness is a material witness.  That certificate needs to be taken to a judge in the home state/county of the witness, a hearing scheduled, the witness given notice and opportunity to appear and contest the subpoena, and the judge in the witness’ home state must then issue the subpoena.

is running from blue lights a felony in sc?”  Failure to stop for blue light is found in S.C. Code section 56-5-750.  If it is a first offense and great bodily injury did not result, it is a misdemeanor.  If it is a second offense, or if great bodily injury did result, it is a felony.

has anyone been found not guilty of cdv and simple assault in magistrates court jury trial?”  Absolutely.






One Response to “Question and answer

  • Stacey L Jones
    3 years ago

    Can 2nd offence CDV be bonded out if he has the same charges in a different county isn’t that breaking a bond already? And should his bond be revoked?

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