Legal Question in Criminal Law in South Carolina
my wife moved out of the house after an affair one morning I came home and she was there whenshe heard me talking on the phone to family services about custody issues she came out of the bedroom swinging at me hitting me several times i picked bear hugged her and carried her out of the house and she went to the neighbors to call the police saying she was getting me arrested for cdv.I immediatlyleft the seen and went to our church a mile down the road and called police and stated what had happened and they came to the church and arrested me.they gave me a blue traffic ticket and i was told that whenever the charged person has left the seen they must obtain a warrant and that the blue ticket was the wrong format to arrest me by.That they should have got a bench warrent then came and got me is this so?
1 Answer from Attorneys
No. That is not true. The blue ticket you received was allowed. Many if not most people arrested for that charge, CDV, are arrested with a ticket. Do yourself a favor and do not take advise from people that are not attorneys. Friends and family always have a legal opinion and want to help, but they usually do not give correct legal advise.
Your particular charge is very common. There are several way that it can be handled. I have defended a lot of people on CDV here in Horry and Georgetown counties and have gotten the charge dismissed. Most of these charges stem from isolated incidences and its just a matter of showing the prosecutor that yours was just another isolated incidence. Tempers and emotions flare in relationships and its to be expected that from time to time things get blown out of proportion, and someone ends up getting arrested.
If you can afford and attorney, you should get one. It'll take the work and stress out of it for you.
Robert J. Johnston, Attorney
Email: [email protected]
Phone: 843-946-0099
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