Legal Question in Criminal Law in South Carolina
I have been charged with unlawful carrying of a firearm. It was not on my person, or even under my seat. I was in the backseat, and it was under the front passenger seat. I know that it was a misdemeanor, but will I be facing time or just the fine if they find me guilty? What are the chances that a lawyer could prove that it wasn't mine?
1 Answer from Attorneys
Regarding whether you will receive a fine, jail, or any of the other possible outcomes will depend on whether you have an attorney or not, your record, the facts and circumstances of the arrest, and the evidence. Its hard for me to understand why you were arrested. It would seem like the person most likely to be arrested would be the driver of the car. But I only know what you typed out in your question and there's more information about what happened that I do not know.
Whether or not a lawyer could help you, the answer is yes. There are several reasons for that. One, a lawyer is able to go through the Discovery process of the case and assess how legally sound the arrest is and address any potential flaws with the evidence, arrest process and the prosecution. Another reason is, a lawyer would be well knowledgable about the applicable law. Thirdly, the prosecutor knows that a lawyer would be able to take the case to trial, and that you would not have the same abilities.
You really should consult with an attorney. I'm a criminal defense attorney and practice in Horry and Georgetown Counties. your welcome to call or email if your case is in my area.
Robert J. Johnston
Email: [email protected]
Phone: 843-946-0099
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