by rhiltonlaw | Nov 30, 2021 | Uncategorized
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... by rhiltonlaw | Nov 30, 2021 | Uncategorized
“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... by rhiltonlaw | Nov 30, 2021 | Uncategorized
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... by rhiltonlaw | Nov 30, 2021 | Uncategorized
This is a continuation of the previous article relating to penalties for South Carolina offenses that are not drug related. This article provides the penalty ranges for drug offenses but some explanation is needed. The charges are grouped by the type of drug and...
by rhiltonlaw | Nov 30, 2021 | Uncategorized
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 Burglary in the 1st degree for breaking into... by rhiltonlaw | Nov 30, 2021 | Uncategorized
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... by rhiltonlaw | Nov 30, 2021 | Uncategorized
I wanted to put together a list of the traffic offenses and points that are associated with the charges. Below is the table of offense that are subject to the “point” system. 56-1-710 Conviction means a plea of guilty, nolo contendere or, bail forfeiture. 56-1-720 –...
by rhiltonlaw | Nov 30, 2021 | Uncategorized
The South Carolina “three strikes law” has been the source of mass confusion for clients, and attorneys alike. Who really even knows what the title is? Some call it “two strikes / three strikes law”, some call it the “recidivist... by rhiltonlaw | Nov 30, 2021 | Uncategorized
Many people ask, “what is the difference between Burglary in the first degree, second degree, and third degree?”. I want to attempt to make some clarification of the different charges of Burglary under South Carolina law so that anyone may know exactly... by rhiltonlaw | Nov 30, 2021 | Criminal, DUI / DUAC
Okay, so you got a DUI last week and now have no driver’s license. If you want to get back driving, you may be able to qualify for a temporary alcohol license (TAL) under South Carolina law. I recently had someone ask me about this, to make sure they had everything...
