Legal Question in Criminal Law in South Carolina

Re: hit and run resulting in 2 deaths

First of all, please accept my condolences. As an attorney with substantial experience in these matters I cannot say that I understand. The best I can do is imagine.

As the victim's family, you have the right to share your feelings and preferences with the Solicitor. And, they have to consider your requests. However, the ultimate decision on how to prosecute the case, including whether to go to trial, lies with the prosecutor.

If you are not satisfied with the solicitor's decision on how to proceed, and it appears that you are not, then I would make one suggest that you can do immediately. You may have alread done this. I would suggest having a meaningful discussion with the prosecutor and have him/her explain the process and explain why they are going to proceed the way they are. If you have not been provided that explanation then its only reasonable that you get it.

The next thing I will tell you is that there is a Victims Advocate Agency that works for victims and the victim's families. Part of what they do it provide information to the victims and families as you have a right to know what is going on. If you have not been contacted by them, then you can ask the solicitor for their contact information and call them. They will probably assign someone to this case who can often be of assistance to you.

I have handled a number or Wrongful Death cases in South Carolina. In the course of representing the families of these cases I have had substantial contact with the solicitor's office have always found them very cooperative. I have even worked with the solicitor's office in prosecuting the cases in a certain manner that would be the most beneficial in helping the families with the civil suit. I am telling you this to encourage you to feel free to engage the solicitor's office with your questions.

In the meantime, I do not believe in charging people for legal advise and am available if you have any other questions.

You are welcome to email me at [email protected]

You are also free to call. This site will not allow me to type my number into this answer, but somewhere around my name you should see it on the site.

Robert Johnston