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 | 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...
by rhiltonlaw | Nov 30, 2021 | Court Process, Criminal, Penalties, Sentencing
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 | Court Process, Criminal, Penalties, Sentencing
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 | Court Process, 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...
by rhiltonlaw | Nov 30, 2021 | Court Process, Criminal
I see this all the time in lawyer advertisements and have really asked myself, should I be doing this too? Every time I arrived at the same answer-“no.” As a prosecutor of many years, there was nothing worse than dealing with a so-called...