Legal Question in Criminal Law in South Carolina

6th amendment

Myself- a passenger- and three of my friends were driving through a small town and were stopped. We were told we were stopped for speeding. There was no breathalyser or field sobriety test given to any party. We were searched- the driver refused the search. I was put in the officer's vehicle after the male officer patted down the driver- a female- after she requested a female officer on the scene. A K-9 unit was called and a search of the vehicle ensued. I was arrested for open container- a mini bottle located inside of a guitar, disorderly conduct plus interference and public intox. I was released on bail. The driver (she got a speeding ticket) and myself requested and were granted a jury trail. That was January of 2005. We have made repeated attempts to contact the court officers and have been told they only do jury trials once a year- in July. I call them every three months and have not had any movement on this- are there any other options that I can carry out? Can this fall under the 6th amendment? I have sent letters of discovery- five times now- and have not heard on that motion either. Is there a way to ask for dismissal in this case? What are my options? Thank you for your assistance.


Asked on 7/21/07, 12:01 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: 6th amendment

I can appreciate your frustrations. As a criminal defense attorney in South Carolina I encounter this all the time, it is very unfair. There are seveal things you can try, but before I tell you, I must strongly advise you to go meet with an attorney who can explain in detail your case, options, possible defenses, possible resolutions, etc. You could be making a big mistake trying to represent youself. As far as what to do, you can try calling the prosecutor and asking if they would be willing to resolve these charges immediately. A motion could be filed to compell discovery. I motion could also be filed to dismiss for failure to comply with the discovery rules and for failure to prosecute. Filing a motion for a speedy trial does not usually yeild positive results. The best thing you can do is to retain counsel. Good luck.

Read more
Answered on 7/21/07, 2:21 pm


Related Questions & Answers

More Criminal Law questions and answers in South Carolina