Legal Question in Criminal Law in South Carolina
My emotionally disabled 17 year old son has pleaded guilty to a ABHN charge rather than a lude act on a minor charge while I was in the hospital. He was accused of touching a 10 year old on the breast (at my exhusband's house where he is told not to go because of the drugs and alcohol his dad and friends allow and gives him, but he wants to see his dad who is not in his life at all). He is not working yet a full time high school student. What can I do about the parole fees that he is to pay but he does not have a job, and I lost my job since 12/08? Also how can he have this cleared from his record in the future? What are some other options for him?
1 Answer from Attorneys
I don't know how much he is to pay nor how long he has to pay it. From what I have heard, those departments are usually understanding and will work with a person as long as they are making an effort. If he is having problems paying, then the worse thing he can do is ignore it. He needs to talk to the officer that is handling his case and explain the problem. The trick here is to show an interest and constantly communicate with them. They appreciate it and will probably try to accommodate him. Have him inquire about extending the period of time that he has. I would also suggest paying any amount possible, no matter how short a payment is. That shows that he cares and is trying. I would also suggest making payments as often as possible. Even if it is only a tiny, tiny bit. Some sort of an effort just once per week is far better than nothing. If after speaking with the officer he can't get any extention and it becomes impossible to make all of the payments as he has been ordered to do, then he can consider consulting with an attorney and ask him/her if the terms of his probation can be modified. In all honesty, I would be rather surprised if a judge ordered that a 17 year old pay much money and I certainly wouldn't expect that he would be ordered to pay much money very fast.
As far as having this cleared from his record, you didn't say if he was convicted as an adult or if this was in Family Court. I am not very familiar with Family Court and cannot advise you on that. But if this is a General Sessions charge and he was convicted as an adult, then I'm afraid that this type conviction does not qualify for an expungement. An expungement is the only way that a charge can be cleared from someone's record. Only certain crimes from Magistrate or Municipal Courts can be expunged.
I wish him and you the best.
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