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...
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...
