Legal Question in Criminal Law in South Carolina
I have been charged with exploitation of a vulnerable adult. My brother brought the charge. My father not my mother is the Vitim. My father is 83 and the sole caregiver to my mother who is wheelchair bound. He cooks, cares for, journals all meds in detail, drives, banks, emails, etc. he a vibrant elderly man. certainly not a vulnerable adult according to the sc code 43-35-0085.
I was charges and the charges dismissed by the lower court and then picked up by the grand jury.
I am to be arranged DEC 12. Can a point of law, like my father not being a vulnerable adult by definition be argued in chambers and dismissed before trial??? what can I look for now.
In the preliminary hearing my attorney simply pointed out that vulnerable adult age is varied... Strom was doing battle with the President at 99... My father came to the station with my brother for the incident report and another time where he was advised he could have a restraint order put on me to prevent my coming around but refused one... my father cares for my mother also mentioned in the incident report as SOLE CAREGIVER... and when he was pointing out that a vulnerable person is one in a home the magistrate dismissed the case. It took all of a minute. Now that Grand Jury has more detail on money issues but nothing has charged with my fathers status but 10 more months of caring for himself and my mother.
Please let me know what to look for here... is this prosecutable...??? Doesn't DSS usually bring these charges up?
Thank you so much....
1 Answer from Attorneys
I would like very much to help you, but without more information I'm afraid that I can't. There is a lot involved in criminal defense and I can't guess. That would not be to your benefit nor would I be a good lawyer if I guessed. You wrote a good explanation, but you did not specifically state exactly what happened, what the police think you did, and what sort of evidence they have. Who the witnesses are and what they would testify to. What the police report says. And of great importance, what has your father and mother told the police what happned. I would also want to know what evidence they gave to the grand jury. These matters are serious and must be taken seriously. Every single thing I just mentioned is all very important.
Lawyers are expensive. Especially when its a felony like this charge. Your case could easily cost $5,000 or more. If you cannot afford that, then I stongly suggest you apply for a public defender.
If you think you can afford a private criminal defense lawyer, and would like to talk, I'm happy going over your case with you. All you have to do is call.
Robert J. Johnston
Myrtle Beach, Horry County
Office: 843-946-0099
Email: [email protected]
I practice criminal defense throughout the entire state of SC.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
