Legal Question in Criminal Law in South Carolina

One evening I rode my bike to two pharmacies and one grocery store buying one bottle of OTC dextromethorphan at each. When I got to the second stop, I threw away the bottle and bought another. When I got to the grocery store, I threw away the previous bottle on my way in to buy another. When I came out the medication had begun to alter my state of consciousness. I was stopped and question when I began to leave after an officer claimed I was walking funny. The pat down revealed a bottle. When they didn't see a receipt, they searched the trash can finding the previous bottle and a receipt for the bottle I had just purchased. Seeing two bottles and one receipt, they charged me with shoplifting. I paid for each product, and know I was not being disorderly. The only reason I was walking funny is because of previous injuries which have given me a limp for 5 years now. Despite any possible "intoxication" from an OTC medication, I honestly believe it is debatable whether or not it constitutes PDC. This is all so overwhelming that I feel hopeless. What can I do?


Asked on 10/05/10, 10:38 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

First, hire an attorney. Second, understand that there are different laws on Disorderly and they read different from each other. The main one is per state law and the others are city or county laws. This charge always includes a variety of things that can constitute the charge. It can be using profanity, or being loud, or being disruptive, or being drunk, and so on. You really need to see what the law says. And then, you have to understand what the police are alleging you did to commit the offense. You have the right to fight this charge. Its also possible that this charge can be negotiated to something that would keep you out of court and prevent you from having a record, such as one of the programs like PTI. Again, you need to get an attorney, or at the very least, go talk with one.

I'm an attorney in Horry County and practice state-wide. Your welcome to call.

Robert J. Johnston

843-946-0099

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Answered on 10/10/10, 12:24 pm


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