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...
