Legal Question in Criminal Law in South Carolina

How you cited the SC Code isn't correct, but that's okay. I can still answer your question. I just thought I would mention it in case you want to cite it again in the future. Just so you know. Title 17 pertains to Criminal Procedure. Note that this is not exactly the same as the sections that list the individual crimes. Most crimes are in Title 16, but can be found in other parts of the Code as well.

Okay, now on to your question. I have been a Criminal Defense attorney for a long time here in South Carolina and your question has probably been asked of me more than any other questions. I am glad you asked. It is a very intelligent question. I have seen a lot of people over the years make the mistake of assuming that they do not need a lawyer and they get hurt as a result. By the time that they realize that they should have retained an attorney, its too late. You cannot suddenly stop a hearing or a trial and tell the judge that you want to go find a lawyer. You must have one in advance.

The answer to your question is, YES. You need a lawyer. The more serious the charge(s), the more you need one. The charges that you asked about are all serious charges. Each one of them carries potential jail time if convicted. And criminal convictions are not your only worry. You could also be sue civilly for some of these. Plus, if you have a pending divorce action, then if you are convicted of any of these that could seriously affect that outcome of your divorce. So yes, you need an attorneyl.

You also need to be careful about any prior Order that may have been issued from the Family Court. If you have already been to what is called a Temporary Hearing, which is one of the first steps in a divorce case, then its very likely that part of the Order from the Temporary Hearing was a Restraining Order. Not all of those hearings result in a Retrainging Order, but some do and I'm just trying to make you aware of that possibilty.

As far as you wanting to know if a judge would dismiss these charges, without more information I would say the answer is, NO. Judges do not dismiss criminal charges for no reason. If a judge thought that there was enough evidence that a crime was committed to sign an Arrest Warrant, then that particular case would be prosecuted.

So please, do yourself a favor and take these charges seriously. I hope that you are not arrested. But if you are or you really think you will be, and you need any attorney, this is what I do for a living and I'm happy helping you. My firm is in the Myrtle Beach area and I've done this long enought now that I get calls from and represent people from around the state.

I wish you well. Please feel free to call or email me if you have any other questions or would just like to talk about this.

Robert J. Johnston, Attorney

Email: [email protected]

Phone: 843-946-0099