Legal Question in Criminal Law in South Carolina

My husband and i got into a fight. I received minor, but visible injuries. I called the cops and just wanted my keys back (he'd moved out 30 days prior) and to have him physically removed from the property. The police department ended up giving me no choice and charged him with CDV- 1st offense. I did not care for him to be charged and I do not think he would do it again. I provoked him and, although nothing makes it okay for him to lay a hand on me, I want the charges removed. How do I go about getting this charge dismissed?


Asked on 12/25/10, 5:36 pm

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

You can only do two things. One, is you can contact the prosecutor and express your feelings on it. Two, you can encourage your husband (assuming you are allowed contact) to retain an attorney. I have handled oodles of these cases and they are a huge pain with the solicitor's office. But they have a job to do and they are obligated to protect people. The biggest problems is they do not know the defendants personally and therefore, they cannot ascertain which ones just had a bad moment and was an isolated incident, versus, the ones that have the ability to do it again and next time, really hurt someone. Therefore, to be on the safe side, the solicitor's office must prosecute all of them. I have had a lot of these cases dismissed and there are numerous things that an attorney can do. Your husband really needs to get an attorney. I am not just saying that because I am one. These cases are treated very seriously and only an attorney can maximize your husband's chances of getting the charge dismissed.

I do not charge for calls. If you want to ask anything more you are welcome to call me.

Robert J. Johnston

843-946-0099

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Answered on 12/30/10, 7:43 pm


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