Legal Question in Criminal Law in South Carolina

My friend stole some political campaign signs in South Carolina. SC State Law states that SECTION 7-25-210. Vandalizing or removing political campaign sign; exceptions; penalty.

(A) It is unlawful to deface, vandalize, tamper with, or remove a lawfully placed political campaign sign prior to the election without the permission of the candidate or party.

(B) This section does not apply to a governmental entity when a political campaign sign is removed because of noncompliance with applicable law, or because an employee of the governmental entity removing the sign is working within the course and scope of his employment.

(C) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.

However, they charged him with petty larceny and fined him a little over 1000 dollars. Should he just plead guilty to a lesser offence under the above section.


Asked on 1/01/12, 10:17 am

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

Please excuse any delay in answering your question. This site does not send questions to attorney immediately after the questions are posted, and I just now received yours. That can be avoided in the future if you email me directly at [email protected]

Be careful using legal terms. It can cause confusion. When you said your friend was fined a little over $1,000, I think you mean the bond was a little over $1,000. A person can only be fined upon conviction.

As far as your question goes, it can't be answered without knowing more about the case. A lawyer really cannot advise someone to plead guilty to anything without knowing what evidence there is, and what position the prosecutor is taking on this case.

Secondly, pleading guilty to a lesser offense might not be available. Again, that would require knowing more about the details of the case and talking with the prosecutor.

The best thing your friend can do is have a consultation with an attorney and allow the attorney to ask the necessary questions to completely understand the situation. Most lawyers do not charge for a phone consultation.

Good luck. I hope this helps.

Attorney Robert J. Johnston

Myrtle Beach

Horry County, SC

843-946-0099

Email: [email protected]

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Answered on 1/01/12, 11:25 am


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