Legal Question in Criminal Law in South Carolina
Is there a possibility of probation on a first offense abwik charge?
1 Answer from Attorneys
Its hard to say without knowing more about the case and the defendant. The judge and the solicitor would consider the person't age, family ties, criminal record, the facts of the particular case, and so on.
I have had quite a number of clients that were charged with ABWIK, but either the crime itself was not that bad or there was weak evidence, or some other mitigating factor and I was able to get the solicitor to reduce the charge to ABHAN, which is a lessor assault charge. And, believe it or not, its a misdemeanory. Often the solicitor is more willing to do this than to give probation on an ABWIK charge. Plus, if they do reduce it, now there is a greater possibility of getting probation. The other thing that makes getting this reduced is that ABWIK has an 85 percent parol eligibility where ABHAN has a 25 percent parol eligibility. That makes a huge difference.
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Robert Johnston Attorney
Location: Myrtle Beach (Horry County)
Email: [email protected]
Phone: 843-828-1137
Web Site: www.RobertJohnstonLaw.com
Areas of Practice: Criminal Defense & Personal Injury
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