Preliminary hearings are vital in the early stages of a case, as it provides the first opportunity to meaningfully challenge the evidence against you. Every defendant has the right to request a preliminary hearing (unless your charge is in magistrate or municipal court). This request must be made within 10 days of arrest, otherwise you risk forfeiting your right to be heard.  The purpose of a preliminary hearing is to assess whether there was sufficient probable cause to charge you, based solely on what the officer knew at the time of your arrest . An example is helpful to illustrate this point: Let's say you are charged with possession of a weapon by a person convicted of a violent crime. Per Section 16-23-500 , the elements of that charge are:  (1) Possessing a firearm or ammunition within the state; and (2) Having a prior conviction for a violent felony. ( See this chart for crimes classified as violent. ) At the preliminary hearing, the officer would therefore have to present

In South Carolina, there are a number of pretrial diversionary programs that may be available to you depending on the nature of your charge(s), your prior record (if you have one), and other factors. In this series, we will be discussing the programs separately and providing you with the main information you should know about each.  (To read Part 1 about Conditional Discharges, click here .)  In this post, we will go over what you need to know about option #2:  the Pretrial Intervention Program (commonly referred to as "PTI") .   PTI is a diversionary program that is available to most individuals without a significant criminal record. Enrolling in the program requires a referral from the solicitor on your case - which makes it important to have an attorney who is skilled in negotiations and can obtain this offer for you.  By law, PTI costs $100 to apply and once accepted, an additional $250 to enroll and participate. (Note: the fees may be waived if a person cannot afford th

Since taking effect on June 26, 2023, a recent bill in South Carolina has caused significant changes to the bond system in our state. The new laws carry severe punishments and a significant increase in the amount of money needed upfront in order to post bond - and as a result, this has left many people stuck in jail on high “cash bonds” that are now required by the law. Here are a few of the important things to know about the current bail/bond system in South Carolina:  (For a list of violent offenses, click here .) 1. If a person is out on bond for a violent offense and is rearrested for an offense that is a) also violent, and/or b) involves a firearm:  ➤  The person’s bond on the first charge is automatically revoked by law. (Previously, the solicitor/prosecutor would have to file a motion and the judge would decide whether to revoke.) ➤ A judge’s only option is to set a cash bond on the new charge. This means that the entire amount must be deposited upfront with the clerk of court

On March 7 th , the South Carolina Second Amendment Preservation Act (House Bill 3594) was signed into effect. This law has dramatically changed things in criminal defense, for both good and bad. Here are the important things to know about guns in SC under this new law: •  Minimum age to purchase:           •  Before: 21 years old           •  Now: 18 years old • Other r equirements:           •  Before: concealed weapons permit (CWP) = 8 hours of training, background check           •  Now: none (no CWP required) •  Penalties for unlawful carrying:           •  Before: 0-5 years (felony), or 0-1 year (misdemeanor)           •  Now: 1 st offense = 0-1 year (misdemeanor), 2 nd offense = 0-3 years (misdemeanor), 3 rd offense = 0-5 years (felony) •  Who cannot own a gun:           •  Before: people convicted of a violent crime           •  Now: anyone convicted of a crime with a potential sentence of more than 1 year* (*this does not include crimes that carry over 1 year but

Something I've noticed as a criminal defense attorney is a lot of people aren't aware that once their charge is dismissed, there is a separate expungement process required in order to have it fully removed from your record. Without going through that process, the charge will show on your record as "dismissed" - but will still be there to see, which isn't ideal.  This can create issues when applying for employment or housing for example, as even a minor charge can cause alarm bells to ring for future employers/landlords. Some common examples of this might be:                      • P ossession of a Controlled Substance                      • C heck Fraud                       • D omestic Violence, 3rd degree                      • Unlawful Carrying of a Pistol                      • Failure to Stop for Blue Lights                      • Malicious Injury to Personal Property In my opinion, such charges tend to sound worse than what they typically are. The good

In South Carolina, certain crimes are specifically classified as "violent" per  §16-1-60 . This category becomes important if/when a person is convicted, as these crimes typically carry lengthier prison sentences and can affect your parole eligibility. 

In South Carolina, there are a number of pretrial diversionary programs that may be available to you depending on the nature of your charge(s), your prior record (if you have one), and other factors. In this series, we will be discussing the programs separately and providing you with the main information you should know about each. To begin, we will explain one of the easier options when it comes to disposing of your case before it goes to court - option #1: the conditional discharge.  A conditional discharge is defined by  §44-53-450 as a "deferment of judgement." It is a certain type of disposition that is generally available to individuals charged with first-time drug possession, or a charge for public disorderly conduct ( as of an update to the law in 2019 - see section (B) ). It is important to note that a conditional discharge is a one-time option —so use it wisely! For that reason, I always make sure to thoroughly explain the requirements to each client so that we c