Legal Question in Criminal Law in South Carolina

My fiance plead guilty to 3 counts of armed robbery, 2 counts of attempted armed robbery, and poss. of a stolen pistol. He was sentenced to 20 years. The plea hearing happened, after the public defender had only worked the case for around 3 weeks, and he rushed it through court, taking him to the plea hearing with the codefendant. I was wondering if, since the public defender persuaded him to plea guilty, and take an open plea of 10-30, after only meeting with my fiance and the solicitor once a piece, is it possible to file for PCR? Or what would be the next best move to make to try and get his sentence lessened, if it's even possible?


Asked on 12/19/12, 12:39 pm

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

Anyone who is sentenced to prison can file an appeal. That is different from a PCR. Both are difficult to win when it was a guilty plea. As for the PCR, it has very little to do with the length of time the public defender had the case and how often they met. I don't know anything about the case other than what you told me, and that is not enough information to render any advise.

I had a client that stepped out of a car at a road-side check point and shot and killed a police officer in front of 14 people and on video tape. I didn't need more than an hour or two in order to be prepared for court. My point is every case is different and other factors, things you did not explain, dictate what can be done.

He'll have ample opportunity to file a PCR in prison and it will be assigned to an attorney. He has the right to hire his own. It would be quite rare if he didn't file one. Nearly everybody does. He will learn about them where he is.

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Answered on 12/19/12, 8:24 pm


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