Legal Question in Criminal Law in South Carolina

What is YOA? and 90 day shock? And could it be possible for my boyfriend to get either or both? He has been charged with Kidnapping (5x) Attempted Armed Robbery (2x) Armed Robbery (4x) Possession of a stolen gun, and having a weapon during a violent crime as of 7/13/12. I know for a fact the possession of a stolen gun is to be dropped. He also had a previous pending charge for unlawful carrying of a pistol which he received 11/6/2011. I plan on using the lawyer we already have paid for his unlawful carrying charge as well as hiring an additional lawyer. So could someone please let me know even with these charges are those two programs available for him and what they are?


Asked on 7/15/12, 8:19 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Hi.

You have asked a several good questions. To be specific, you have asked if your boyfriend can get into either of the programs, if they are available to him and what are the programs.

First, a little about me, since I am the one that is answering your questions. My name is Robert J. Johnston, and I am a Criminal Defense Attorney. This is all I do, is criminal representation and I have been doing this for the past 18 years in South Carolina. My office is in Surfside Beach, which is part of Myrtle Beach, in Horry County. Since I only practice criminal defense, I represent people state-wide. It makes no difference to me if the case is close to me or not. Since I accept cases in any county, I do not charge extra for traveling.

YOA is short for the Youthful Offenders Act. It is a program for people between the ages of 17 to 25. Shock Incarceration is a program for people between the ages of 17 and 29.

Both programs are designed for young people and set up so that they will not be handled the same as adults that are sentenced to prison. Both programs seek to address the seriouness of the crimes, while at the same time, provide a "second chance," so-to-speak.

The eligibility requirements are different with each program. Not all crimes qualify. However, the prosecutor and the defense attorney can negotiate with the goal of seeing to it that only those crimes that qualify would be applied so that the individual can meet the eligibility requirements. The prosecutors have the descretion and authority to dismiss charges and reduce charges in certain circumstances so that a certain individual can qualify for either or both of the programs.

Obviously, there is a lot to these and there is no practical way of typing it all out here in this answer.

As far as whether its possible for your boyfriend to get into either program, I simply do not have enough information about him, his record, the pending charges, etc., to answer that question.

If you are wondering how much this type of legal representation would cost, my response would be that it varies from lawyer to lawyer. I can only speak for myself and not other attorneys. I believe that with a case such as your boyfriend's, with as many charges as he has, and the very seriousness of the charges, I will tell you up front that it would be expensive. That is for numerous reasons. One reason is what I have already explained. And that is the number of charges and the seriousness of the charges. The second big reason is that the amount of time, effort, detail and attention his case would require would be substantial. The third reason is all of the time spent on your boyfriend's case, would be time not spent on other clients and other cases, which would result in no income coming from those other sources. The forth reason would be the tremendous amount of responsibility involved in his cases.

Legal services are expensive. So are surgeons and other professionals that take on very serioius and complicated matters that have a huge impact on a person's life. The type of legal services your boyfriend needs, would result in a tremendous amount of responsibility for the attorney, and the implications involved are also tremendous as your boyfriend's life and future are at stake here.

As I already told you, lawyer fees vary. You can call around and find lawyers that charge more than others, and you can find lawyers that charge less than others.

If I was to accept representation of your boyfriend's case, I could very easily justify charging in the range of $15,000. However, If paid at once, at the time of retaining my services, so as to eliminate any sort of a debt or payment plan, I would also consider reducing my fees to $10,000, and possibly less. It is hard to give you an exact amount in this answer. I have to set my fees at an amount that is both fair to the client and fair to myself.

I hope that I have helped. Should you have any interest in talking with me further, you are welcome to email me directly at: LawyerSC @ aol . com (remove the spaces in the email address). I can also be reached by phone at 843.946.0099.

I wish your boyfriend the best. Questions are welcome. I do not charge to consult with people.

Robert J. Johnston, Attorney

Email: [email protected]

Phone: 843-946-0099

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Answered on 7/15/12, 12:13 pm


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