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 ...

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 ca...

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           ...

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...

I have found myself explaining to many (often understandably panicked) clients that the drug laws in South Carolina are not only harsh, but confusingly written and difficult for the average person to understand. In reality, there are really only two (2) main statutes to know when it comes to drug crimes in SC...so how hard can it be? Take a look: §44-53-370 (crimes): Code of Laws - Title 44 - Chapter 53 - Poisons, Drugs, And Other Controlled Substances (scstatehouse.gov) §44-53-375 (penalties): Code of Laws - Title 44 - Chapter 53 - Poisons, Drugs, And Other Controlled Substances (scstatehouse.gov) Even for lawyers, those paragraph blocks of text can be time-consuming and annoying to read. So for the benefit of the general public, as well as any fellow criminal defense attorneys, I have put together the following chart to hopefully help break down some of the more common drug charges in South Carolina. View/download the (mobile friendly) PDF version here . CHARGE ...