Legal Question in Criminal Law in South Carolina

Re: Legal recourse against a law officer

An officer does not necessarily have to have a warrant to enter a residence. Why were the officers there in the first place? Did anyone give them consent to enter the residence? Also, I have a difficult time understanding the language in your question. Is he now serving 12 years? He would have one (1) year from the date of conviction (if no appeal) to file what is called a "Post Conviction Relief" application. If he appealed his trial and/or sentence, he would have one (1) year from the date he exhausted his appeals to file a "Post Conviction Relief" application. A "Post Conviction Relief" application is a civil action wherein the convicted person files a civil suit requesting that his conviction be overturned for various reasons, such as ineffective assistance of counsel. Is your son now on probation and now facing 12 years for violation of probation arising out of the incident? If you feel your son's civil rights were violated at the time of the incident by abusive police behavior, your son may have a civil action against the officers for violating his civil rights pursuant to Title 42 Section 1983 of the United States Code of Laws. In South Carolina, he would normally have three (3) years from the date of the incident to bring the action, although this may have no effect on the criminal charges. This may only entitle your son to money damages. I would really need to know more about the situation. The County or Municipality may also be liable if it can be proven that it was the policy or custom of the City or County to allow abusive law enforcement tactics to occur. I can be contacted at 1-864-231-8870.

Re: Legal recourse against a law officer

There's quite a number of things that need to be explained to you that space here won't allow. Your free to call and I can fill you in. Robert Johnston (843) 828-1137