Legal Question in Criminal Law in South Carolina

Non party filing a motion?
Family member pled guilty to burglary second, Section (A), nonviolent. Victim's family member is a highly placed court official. Defendant was ordered to pay $6,000 restitution and given maximum 15 year sentence. Placed in maximum security prison. This is not a joke!

I would like to know any legal means by which I can file a court document (motion?) explaining the defendant's mental state and offering to pay the restitution if the sentence is reduced to the average sentence. I am only interested in making such an offer if it is placed on the court record.

Asked on 4/10/05, 5:36 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

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Re: Non party filing a motion?

You didn't say how long ago this person was sentenced, which makes a difference in deciding what course of action to take. There are several potential avenues. Motion to Reconsider, PCR, Appeal and another motion based on newly discovered evidence. All of these would require a great deal of understanding of various aspects of the case. A consulation with an attorney would be imperative. Your welcome to call if you wold like to discuss this or pose any particular questions. I wish you well. Robert Johnston

[email protected] 843-828-1137

Answered on 4/10/05, 9:13 pm

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