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Learn about South Carolina Law.

Russell D. Hilton, Attorney at Law, LLC

What is a Preliminary Hearing

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In any criminal case in South Carolina, a defendant is entitled to a preliminary hearing if the charge is "not triable by a magistrate."  What this means is that for any criminal offense in General Sessions Court, the defendant may request a preliminary hearing.  So what is it?  According to Rule...

What goes into a Prosecutor's Recommendation?

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What are the factors that go into a prosecutors recommendation? As a prosecutor of many years, I made thousands of sentence recommendations. Here’s what goes into it.

Let’s go through an example. Defendant is charged with

Summary of South Carolina DUI Law

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So the unthinkable happens and you get arrested for a DUI.  This happens to people of all walks of life, not just “criminals.”  A fun night with friends can turn into a not-so-fun night with extreme complications for your wallet, license,...

South Carolina Will Forms and Templates

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So many people will hire an attorney to represent them on a speeding ticket, fight a divorce tooth and nail over the green naugahyde chair, want to sue for the “principle” no matter what the cost, yet when it comes to drafting a will, those same folks want to save money by using a “template” from AnyOneCanBeALawyer.com.  Don’t get me wrong, I look at "webmd.com" also, but I would never set my own broken arm or stitch up a...

Carrying Handguns in Vehicles in South Carolina

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Despite what some folks may believe, there are still quite a few people that carry handguns in their vehicles.  The question of legality arises regardless of whether you have a concealed weapons permit ("CWP").  In this article, I’m going to break down Section 16-23-20 and discuss the permissible ways to carry in a vehicle....

Should I Use the Public Defender

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“I’m not getting the public defender, I want a real lawyer.”  Often times I heard this phrase or something similar come from defendants when I asked as a prosecutor in South Carolina, “do you want to apply for the public defender?”  Believe it or not, public defenders are most definitely “real lawyers” and will provide you with competent representation despite what some of the criminal defense...

How do I get something taken off my criminal record?

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Many people ask me “How do I get something taken off my record?”.  In South Carolina, as with most states, this process is called an “expungement.”  Regardless of what a friend of a friend has told you about expungements, the process is statutorily driven, meaning you can get anything taken off of your record as long as the legislature says you can. In other words, as long as there is a statute providing for the expungement,...

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