by rhiltonlaw | Aug 17, 2024 | Court Process, Criminal, DUI / DUAC
If you’ve been charged with a DUI or a similar alcohol-related violation in South Carolina, you’re likely facing several questions. One of the most pressing questions might be whether to request an administrative hearing to challenge the administrative suspension of...
by rhiltonlaw | Aug 13, 2024 | Court System, Criminal
A plea bargain is a deal made between a defendant (or the defendant’s attorney) and a prosecutor where the defendant agrees to plead guilty to a lesser charge or receive a lighter sentence. This process can significantly affect victims, making it important to...
by rhiltonlaw | Aug 13, 2024 | Court System, Criminal
Missing a court date might seem like a small mistake, but it can lead to massive problems. Whether it’s for a traffic ticket, a more serious criminal charge, or any other legal matter, showing up to court is important. Let’s talk about what happens if you...
by rhiltonlaw | Apr 3, 2023 | Court System, Criminal
Should you trust AI for legal advice or to conduct legal research? Are “law bots” going to replace attorneys in the courtrooms of the future? It’s not likely, and here’s why. Below, we will take a look at: The potential benefits of AI in the legal profession, Why...
by rhiltonlaw | Nov 30, 2021 | Expungement
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 | Court System
“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 | Criminal, Elements, Guns
On March 7, 2024, Governor McMaster signed into law “Constitutional Carry” (H.3594) in South Carolina. The new law authorizes anyone who is not otherwise prohibited from possessing a firearm to legally possess a firearm without training or a concealed weapons permit...
by rhiltonlaw | Nov 30, 2021 | Criminal, Penalties, Sentencing
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 | Court System, Criminal, Penalties, Sentencing
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 | Court Process, Court System, Criminal
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...
