Legal Question in Criminal Law in South Carolina

You did a really good job of laying out for me what happened. Most people don't take the time to be so specific. So thank you for that. I have answered over 2,000 on this web site over the years and its a pleasure to answer a question that is written out as intelligently as yours is.

I've been a criminal defense attorney for the past 18 years in South Carolina, and I have seen a lot of poorly written warrants. What you have described as to the warrant is not unusual. A lot of search warrants, and arrest warrants for that matter, are very vague and lacking in information. From a legal standpoint, the warrant must satisfy certain requirements as to showing Probable Cause.

Probable Cause for a Search Warrant is required to state certain facts and circumstances known to the police, which is considered to be reasonably trustworthy information, in that a crime has been committed at the premises, or that certain property exists at the designated location.

Since I have not seen the entire warrant, I would prefer not to comment on it. I do not want to take the chance of saying anything incorrect and misleading you. If you find the warrant to be to be vague and lacking in specific information, I am not surprised. Unfortunately, many of them are. The police are not required to state all of the information known to them on the warrant. Only enough to satisfy the signing judge that Probable Cause exists for the Search Warrant to be issued.

As far as how to fight the case, I can't possibly answer that question without knowing far more about the case. Usually, it requires obtaining all of the discovery in a particular case before I am totally prepared to advise my client on exactly how to fight it, or defend, or how ever its termed.

One thing that is very important about your type of case, is in the name itself. Think about it. You were charged with Possession With Intent To Distribute. You will notice that you were NOT charged with Distribution. You were charged with ".....Intent To Distribute." That has a direct bearing on what the State has to prove. If I was your attorney I would thouroughly explore this possibility.

In order to tell you what other approaches I would take, I would need to have the file and see all of the discovery (evidence) that the prosecution has. My preference is to be prepared for more than just one defense. I like to have one or more back-ups, so-to-speak. And, of course, all criminal cases have to be prosecuted "Beyond A Reasonable Doubt." So I always keep that in mind when preparing for trial.

Since I only practice Criminal Defense, I accept cases all over the state. It makes no difference to me where the case is located. My office is in the Myrtle Beach area, but I have had cases in Greenville, Rock Hill, Charleston, Columbia, etc. I have also found that a lot of defendants prefer a defense attorney that is from another county.

If you already have an attorney, you need to pose all of your questions or concerns to that lawyer. Otherwise, if you have any interst in talking, you are welcome to call or email.

Robert J. Johnston

Surfside Beach, SC

Email: [email protected]

Phone: 843-946-0099