Legal Question in Criminal Law in South Carolina

Re: simple possession

Anytime a person receives a traffic citation (speeding) or a criminal charge (Simple Possession of marijuana), they have the right to either a Bench Trial or a Jury Trial. Usually that is not advisable. It all depend on whether you think you can win it. In your daughter's case it doesn't sound like it can be won. Therefore, if she doesn't have a trial, then those charges can most likely be reduced. The question becomes whether or not to pay an attorney to do it. Since I am an attorney I always feel funny telling people that they need an attorney as obviously I make money if they hire me. But the truth of the matter is that the Marijuana Charge is a criminal offense and if she is convicted of it would be a criminal drug offense on her record. If she doesn't have any prior convictions then she would qualify for the PreTrial Intervention Program, which is an alternative to prosecution and would remove that charge from her record. I cannot tell for sure from the Code Number that you provided if this is in fact Simple Possession or Marijuana or the felony charge. If its the felony charge then its more serious. The speeding ticket is a 4 point violation and can most likely be reduced to 2 point. The dollar amount the wrote on the ticket would also be reduced down to around $80.00. Should she decide to retain an attorney she should do it well in advance of her court date. My office is in Myrtle Beach but I practice state-wide if you need help. You can call or email to [email protected]

Robert Johnston