Legal Question in Civil Rights Law in South Carolina
This is a follow up question to a question I ask yesterday. I was arrested for receiving stolen goods,which was a tag that was on a car I bought,which I didn't know the tag was stolen. I received a uniform traffic ticket with possession of stolen goods and a violation section no. 16-13-80,which is larceny of a stolen bicycle. The correct code for the charge was 16-13-180 which was receving stolen goods. I was told by an employee at the magistrate courthouse that the codes change all the time and that the code wasn't important and that possession of stolen goods was the charge. If that was the case why even put a code on the ticket if it's not important. Was 16-13-80 the code for receving stolen goods in 2009,or 16-13-180.If not,why do I have different charges on my ticket?Is this legal or can I have my case drop on this alone? My public defender isn't helping much and the officer that arrest me is changing her story saying I didn't tell her anything about how the tag ended up on my car,which I told her it was on the car when I bought it. I have two witnessess that can verify that.
1 Answer from Attorneys
My opinion is that the court will allow the police officer to re write the ticket to charge you under the appropriate code section. There is an outside chance that the case will be dismissed. Give your public defender some slack. He knows his job and will zealously defend you. You got to realize that he is not going to get the case thrown out of court because the officer made an error on your ticket. There are procedures in place that must be followed. Its not cool or sexy but these procedures are in place to protect all of us. Maybe you should watch My Cousin Vinny to get an understanding of what I am talking about.
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