Legal Question in Criminal Law in South Carolina

MY son was beat up pretty bad while at a party by several people.we had to take him to the emergency room he had facial and head injuries. He remembers being thrown into the side of a truck. Now that the investagation has started and several people involved had been questioned 10days after the fact the young man who's truck my son was thrown into and is also involved claims my son hit his truck with a baseball bat. Two of the people that are his witness are also involved with beating my son. my question is if they waited 10days and not until the investator started asking questions to come forward with this can my son be charged with this


Asked on 9/21/09, 8:25 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

First of all, I'm very sorry for what has happened.

The answer is Yes. Under the law, they can arrest anytime after an incident and there is no law that says when a police investigation must start or end. Nor is there a law that says when witnesses have to come forward.

I assume when you refer to your son being charged, your talking about him allegedly hitting someone's truck with a baseball bat? That must be what your referring to as it is the only thing that you mentioned in your question that alleges anything that they say your son did.

Although they can still charge you son, people waiting 10 days could possibly help your son if there was a trial. There are a number of things that attorneys use to challenge witnesses. Its possible that this is one of them. Of course I would need to know more and probably see the police reports, but it sounds like maybe the witnesses' credibiliy could be challenged. Its also possible to challenge them on the basis that maybe their statements to the police were bias, since they are friends with the alleged victim. As a criminal defense attorney, I would also be interested to know if any of them has a criminal record and I'd like to know how much they had to drink that night. Those things might help.

You are very welcome to call or email if you have any other questions. My office is in the Myrtle Beach area and I take cases all around the state.

Robert Johnston Attorney

Location: Myrtle Beach (Horry County)

Email: [email protected]

Phone: 843-828-1137

Web Site: RobertJohnstonLaw.com

Areas of Practice: Criminal Defense & Personal Injury

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Answered on 9/26/09, 9:11 pm


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