Legal Question in Criminal Law in South Carolina

conviction without representation

My daughter was arrested about eight months ago on driving without a license.She was apponinted representation and the case was postponed on three seperate occations.The third postponement was due to her attorney not being in court.The judge did not assign a new court date but said that her attorney would contact her with that information.She has still to hear from him. She has left numerous messages but he never returned her calls.

She contacted the magistrate but they would not give her any information.Yesterday the bondsman contacted her saying that he could get her in front of a judge and promised that a payment arrangement would be made for fines that would be put against her.When she arrived at the police station where they were to meet the judge the police read a judgement to her and incarcerated her with fines of over thirteen hundred dollars or 90 days. she never went in front of a judge or made a plea.They apparently found her guilty without being present and without legal representation.Is this legal?


Asked on 6/17/05, 5:34 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: conviction without representation

Based upon how you described it, no, its not legal. I don't doubt you at all, but to be perfectly honest with you, it sounds like you have been given incorrect information.

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Answered on 6/17/05, 5:51 pm


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