Legal Question in Criminal Law in South Carolina

My 16 year old neice suffers many mental problems. She has hurt herself in the past many many times. Some have required a social worker. She lives with my parents. My husband and children and I also. She alleged I hit her in the face, my husband was touching on her, and that I threatened to kill her. I was arrested at home after the cop said " tell me what you did. You hit her." I said no, as I looked at my mother with disbelief. My mother and father verified I didn't touch her. Cop said we were lying. She had another officer place me in handcuffs and walk me to the car. I was never read my rights. I was placed in a holding cell for several hours before a cop came and gave me a warrant and told me my children were in foster care and that was the first time I knew anything about me threatening to kill her in her sleep. I stayed in a hotel with my husband that particular night to get away from her. The cop said I was lying about that as well. So I'm in jail, and they brought my parent in for child abuse. My mother was denied her prescribed breathing machine which she has to sleep with every night due to sleep apnea. They have their own charges. Before being arrested, I was asleep in my room. My mother woke me up saying the cops were here to ask me questions. I was still very upset, and was cussing to my mother about the situation. The lady cop (the one one said arrest her twice) came in said get up now as she threw my covers off me. I believe I was arrested because she didn't like me, as she was very rude. We told the cops how she would hurt herself. Some have been documented. How can they take my children to foster care after getting them out of school. My parental rights were never terminated or my husband. The cops wouldn't let them stay with my husband either. He was not arrested. They told my other neice,18, if she couldn't have someone pick her up, that she would be placed in foster care as well, after showing her id. My children were placed in foster care and enrolled in school in another county. After being released, the social worker let us visit our children unsupervised. The next day at court the judge awarded our kids back. He said they were not abused at all. The social worker lied on the stand saying she only knew of one incident where my niece hurt herself. By stabbing herself with a pencil. We have proof she was called on other occasions. I had a $1000 bond. I used a bailbonds guy to get me out. Is the bail also the fine that would be due? Is everything that was done legal? I was arrested, (as one cop told the other cop to do) wouldn't they have to read me my rights? Can they just take my childen? They were gone for 2 days.


Asked on 4/18/13, 11:13 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Its a shame that you experienced what you did. The system gives the authorities broad powers so quick action can be taken when necessary to protect people. Sometimes those powers are abused and sometimes unfair things happen to people. There are a lot of bad people with bad intentions and it is those people that the laws were written for. What happened to you will in all liklihood pan out okay for you. In the meantime, you now have a criminal charge pending against you and if you can afford an attorney, it would be very wise to retain on. Unfortunately, you cannot go back and change what has happened. But you can protect yourself from this point forward. I strongly suggest getting a lawyer. I wish you well.

Robert J. Johnston, Attorney

Myrtle Beach, SC

843-946-0099

[email protected]

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Answered on 4/19/13, 7:53 am


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