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 past month:

rules and regulations on pretrial gps monitoring in south carolina – there are no rules governing when a gps monitor can and cannot be ordered as a condition of bond.  As a result, some magistrates and municipal judges will order it at random.  If it’s a non-violent crime, and there is no victim to protect, such as in drug cases, it doesn’t make sense to put someone on gps monitoring as a condition of bond.  If you are charged with a General Sessions level offense, you can automatically move in the Circuit Court to amend the conditions of your bond, and you have a good chance of getting the ankle monitor off it you’re charged with a non-violent offense.  If not, you can re-file the motion once every six months, or whenever there is a change in circumstances.

private prisons cheap labor – Prison labor amounts to forced slavery, and is booming business for the government and private corporations.

ineffective assistance of counsel did not convey final plea offer – if counsel does not convey a plea offer to the client, it can be grounds for post-conviction relief.  The courts can’t force the prosecutor to make the offer again once the case is remanded, although, in fairness, the prosecutor should.

what motivates criminal law – Society’s need to stop people from committing crimes, to protect us from one another, and to prevent vigilante justice?

how long does disorderly conduct stay on record first offense in south carolina law in 2014 – If it’s the only conviction on your record, it can be expunged after 3 years – it’s not automatic, you will have to take action to get it expunged.

duis money making machines – for government, for MADD money, for police departments, and for attorneys.  Everyone wins financially, except the guy who got arrested.

how do i win a failure to appear – show up in court?  Seriously, if it’s a failure to appear at roll call and it’s the first time it’s happened, your attorney may be able to get the bench warrant lifted.  Talk to an attorney before turning yourself in.

the hand of one is the hand of all” theory south carolina – it’s another way of saying “accomplice liability.”  Some police think that this means if you are there, you are also guilty – not true.  The elements include 1) you are present; 2) you know what’s happening; and 3) you take some action to participate in it.  Mere presence is never enough to convict a person.

counsel should not waive preliminary hearings – I agree.  Your case could be dismissed at a preliminary hearing.  If it is, the solicitor’s office can still get an indictment, but they don’t always.  Even if it’s not dismissed, it’s your best chance at getting testimony from the arresting officer before trial, at a point where he has not been prepped for testimony – if the testimony is helpful, your attorney can get a transcript made to use later.  On a related note, the Horry County public defenders office is no longer waiving their clients’ preliminary hearings, and from what I’ve seen they are doing a good job with them.

proscutor knows cop is lying – results on case – I suppose it depends on the prosecutor, doesn’t it.  1) prosecutor calls cop out and informs the court that cop lied, maybe case is dismissed or the jury is informed (not likely); 2) prosecutor says nothing, argues the false testimony to the jury, and defendant is convicted; or 3) most likely – you say the cop is lying, but the prosecutor knows no such thing; likely the prosecutor would say you are the one lying.

sc cdv 1 girlfriend and boyfriend both arrested – what if you both plead the Fifth Amendment and they have no witnesses?  What about that?  Anyway, get attorneys now.

i was sentenced to the youthful offender act does my record still show up – yes.  But – five years after the completion of your sentence, if you have no other convictions, you can get your record expunged.

when u make a statement why do some people say nothing – some people have sense.  Or read my blog.

in a drug case can county attorney withhold evidence til trail – in a perfect world, when the prosecutor produces evidence on the eve of or morning of trial, the evidence is excluded or the case dismissed, depending on the egregiousness of the violation.  In the real world, the Court will probably allow the evidence in, tell the defense that there is no prejudice, since you have the evidence now, and allow the case to go forward and the evidence to be presented.

i got arrested but not convicted for cdv in sc, can i buy a handgun? – they might make you wait until the case is over, but the answer is yes you can.

 

how much does it cost to get expungement in sc per charge – if an attorney is handling it for you, it depends on the attorney and the complexity of the expungement.  The court costs vary, depending on whether the charges were dismissed (no court costs) or whether it was a conviction that now qualifies for expungment.

i was arrested for cdv in 2009 in lexington, sc when can i have it expunge? If there was no conviction, you can have the arrest expunged at any time.  If you were convicted, it can be expunged after 5 years if there are no other convictions on your record.

lie detector test pro’s and cons – Just don’t do it.  Law enforcement uses the polygraph as an interrogation tool.  The test is not reliable.  It is so unreliable that it is never admissible in court.

can i buy a gun in south carolina if convicted of cdv 10 years ago – no you cannot.  But, if you have no other convictions on your record, you can get the CDV expunged from your record.  If you do have other convictions on your record, you can apply for a pardon – a pardon restores your civil rights, including the right to own a firearm and to have a concealed carry permit.

are former prosecuters good lawyers? Yes.  No.  Being a former prosecutor does not make someone a better defense attorney, in my opinion.  That being said, I know some former prosecutors who are excellent defense attorneys and I would trust them with my own case.  I know many more who are terrible, who see their clients as dollar signs, and who see their job as helping you to plead guilty.

adam reposa contempt – never a dull moment with Mr. Reposa.  He’s a lawyer.  Also, Don’t be a jerk-off.  Oh, and don’t drive drunk.

my lawyer didnt go to a hearing and now i have a bench warrant – it may be that your lawyer didn’t go to the hearing, I don’t know, but you probably have a bench warrant because you didn’t appear, not because your lawyer didn’t appear.  Not apologizing for the lawyer, it may be he or she sucks and its their fault.  But courts don’t issue bench warrants unless you missed a court date yourself.

what is a roster meeting in court – ostensibly, it’s a day when the attorneys and prosecutors set a trial date.  The judge or the clerk goes down the list, calls the names of each defendant, and they pick the date.  Depending on what court you are in, it could instead be a day when the prosecutor leans on you to get you to plead guilty, or it could be a day when your prosecutor disappears into a back room to discuss your case with the prosecutor.

bobby g lockdown crime – Yeah.  That’s right.  I’m a lawyer.

 

 

One Response to “Question and Answer

  • Me and my girlfriend were fighting she calls the police to get me thrown out the house . He sees no injuries and says nothing he can do. She waits a few hours later calls again. She has inuries around her neck. Gets son in law as a witness. All B.S.. I’m the one who got hit with a mop .cop says I see injuries on her not you takes me to berkley county jail. My girlfriend talks the judge in giving me a pr bond. I’m on house arrest at my mom’s house. How do I fight a case like this. I did not choke her and she didn’t know how serious the trouble she was getting me into she Now wants to help me. Does house arrest count as jail time ? Nobody has put a monitor on me. It’s been a week since I’ve been out. Any advice?

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