South Carolina Criminal Defense Blog

PLEASE HELP!!!!!
Please click on the link below and offer help! Since my last comment on the Now Public website my husband has made more false accusations to keep me from my home and my babies! I need help! The Greenville County Sheriff's Office is corrupt!

http://www.nowpublic.com/world/woman-attacked-husband-gets-charged-0

Kelly:

I read some of your article. Although there is nothing wrong with posting to message boards about your situation, if this is happening to you you need to retain a local attorney in Greenville to assist you in this matter, a defense attorney and possibly a domestic attorney as well. There are several excellent advocates in your area that you can turn to.

I wish you the best of luck.

I need some help with why someone keeps getting away with stalking,criminal domestic violence? Now the solicitor that suppose to defend my daughter dropped the case,even though she tried to keep it open. I cannot tell you how many times the cops were called and she was even jacked up against the wall with police present and he got by with it. There was an order of protection in place. They found gun residue on the gun he had the night he came to our home at 3 in the morning shooting at her. They contacted by cell phone and told him to stay in place until police arrive. They gave him and the five friends he was with 2 hours to get rid of evidence and clean up,depite his attempts there was still residue. But the lawyer said that just meant that he handled a gun. But the guys with him told one hid the gun for him,It was never recovered. Not only that but because she couldn't afford a lawyer He offered them a deal.Now they are walking free,living there life to the fullest.

i am familiar with people how have committed this crime and in South Carolina i feel the biggest problem is not the police arresting the offenders for "someone has to go to jail" but the punishment that is given for this crime. they take them to jail and then let them walk. that is the injustice. why isn't this taken care of is it to hard for South Carolina????

i am familiar with people how have committed this crime and in South Carolina i feel the biggest problem is not the police arresting the offenders for "someone has to go to jail" but the punishment that is given for this crime. they take them to jail and then let them walk. that is the injustice. why isn't this taken care of is it to hard for South Carolina????

Please correct me if I am wrong, but according to the 2009 state legislature in S.C. a first offender with a CDV charge is considered a misdemeanor and will serve less than 30 days in jail or be allowed to complete a batterer treatment program. The offender cannot be denied treatment based on inability to pay? A friend of mine was told he would serve 6 months or have to attend an 8 week class that would be very, very expensive, according to the city attorney. In the same city that numerous times has covered up CDV charges for their officers. My friend needs help and representation. Where should I go?

Hello hope you guys can help me out.... Iam a 25 year old black male...Part time student....I was roommates with this female for about 1 month we spilt the rent and stayed together se wanted to start a sexual and intimate relationship but i refused she then started acted funny. Keep in mind the apartment was in her name due to her credit history. One day while at my sons mother's house she calls my phone actin kind of crazy sayin if i cant hav you no one can.... At this time I became nervous and went to the apartment to retrieve all things: TV Computer Radio Beds DVD cds cloths jewelry etc. all my things. by time i got to the apartment she had sold my things (the most expensive thing) My bed and other unsignificant things that people didnt want was on the side of the road..... When I enter the apartment she was histerical actin crazy puchin me tellin me she is gone to mess my life up... she assaults me (nothing to really hurt me bad) thin she goes into a crazy freenzy throwing things, putting holes in the wall broke my glass table etc.... I did nothing but cry like a baby....and when she assaulted me I hit the door with a open hand but not damaging anything basically out of angry because i felt so helpless. because i knew she had the upper hand.... she then called the police tellin them I was threatin her.. police arrived I told them my side and they told me theres nothing they can do about my personal things because that is a civil matter... but she told the police that i was the one that damaged the apartment..... the police said that was criminal..... they said they coldnt make me leave but they avised that would be the best thing at that time. 2 days later while at work the sherrifss picked me up tellin me someone called the police telling them I had a warrent and told them where I worked I went to jail had to post bond and now facing jailtime, I dont feel I did anything wrong,and now have been charged with a crime.
women do evil things out of spite by time the court date came around she didnt show up to court, but the prosecutors are still pursuing the case. Anyone have any advice....
Thank You
Sincerly S.O.S

Hi my name is Montreyah P. Tyree and i'm writting you for some advice about my son case it might be to late to ask for advice but better late than never. My son has been in Lee Detention Center here in Sumter,SC they have him in for Criminal/CDV. Now when the first incident happen with him and his baby mother he went to jail, the second time him and the baby mother went to jail for CDV and in the court room when they had there hearing in front of the judge judge Tindal told both of them if she ever found out they were together again she will lose her kids and they both will do some time. So both of them got out and they both had to attend CDV classes which my son did i payed $565 or more for his classes and he finished, the baby mother never attend her classes and her charges CDV are no longer on her record due to having inside help with the police. Cause every time a officer is called out to her house which she comes to pick my son up from down the road of my house or from his cousin house she tells him that he can come over but he has to not start stuff but it always be both of them starting with one another. So my son end up back over to her house cause she told him the baby was sick and she took him over there when he got there the baby was fine he ask her to take him back to his cousin house she said to him i'm not taken you any were and for him to walk from were she lives it would have been bout 20miles or more so he kept asking him and she said no then pushed him upside the head so he pushed her away the everything escalated into a fight he was bleeding and she had a scratch on her neck that the officer looked at real hard like it wasn't almost there and my son took a weapon and hit her upside her head with to get her off of him which was wrong then he called the police and told them what happen and they took him to jail in the first wk of Aug 2010 but didn't take her. Now remember when i said the Judge Tindal said if she ,ever found out that they were together again both of them will do time, so i told Judge Davis what Judge Tindal said he looked over what i said and now my son is doing time when the baby mother should be doing time also. He's doing his time at the detention center and goes up for his trial 01nov2010 at 8oclk his public offender never came to the jail to see him or either talked to my son. Like i said it might be to late to ask what do i need to do but any responds will be helpful. thank you a very worried mother.

Back in the 90's I was vacationing at the beach. My X-girlfriend & I shared a motel room with my young son & her young nince. On a tuesday evening I wanted lay down in my lawn chair & relax alone. My X said I couldn't & started to give me a hard time. She was causing a fuss that disturbed the hold motel. I call the police & they told her to leave me alone. If they came back one or both of us was going to jail & the children would go to a foster home. The X wouldn't stop. I layed in bed with my son & the X threw coins at me, poked me & kept slapping me with a towel. I ask her nince to ask her to stop because she wouldn't listen to me. That didn't do any good. This continued for a while until I couldn't stand it anymore. I slapped the X in the back of the head, no harder than I would hit my own children. The X called the police & I got arrested for CDV so the children wouldn't be put in a foster home. The X bailed me out after numberous calls to me in jail that I had to tell her I loved her. On thursday evening the X said I was going back to jail because again I wouldn't do as she said. The X tore her shirt called the police & they talked to us apart. They talked to her nince & they beleived she was not telling the whole story. The police said we would have to spend the night at different motels. I would not give up my car & I did not want to stay in a different motel. I asked the officers if I could go home & leave her there. They said yes. I left her there. Offered to take her nince & the X said no. My son & I were back in VA in six hrs.. That I felt was justice. That I didn't receive in Horry County SC. I never returned to SC again after vacationing there for years. The X was Bi-polar & a handful. I don't miss the state.

I was recently arrested for CDV/1st offense. I had a clean record up to that point not even a traffic ticket and I am 29 years old and a woman.

What happened was my husband and I got into an argument, during our argument he poked me on the forehead and I hit him, later he tried keeping my phone from me and I scratched his hand trying to get the phone. To make a long story short I asked him to leave for a little while so we, and he, could calm down, when he wouldn't leave I called the police and we live in Pickens County.

I told the lady on 911 that I just wanted an officer to come out and ask him to leave for a bit and he could come back later after he was calm. When the officers arrived we were calm, no arguing and we were outside doing yard work. The officers asked a couple of questions and I admitted to hitting my husband and that I had caused the scratches on his hand. They said that I had to go to jail even though my husband was adimit to not press charges because I admitted to causing physical harm to him and that was how the law was written now. So they took me to jail. I got out that afternoon on bond and had my first appearance in court a little over a week later.

My husband was asked if he wanted to press charges and continue with the courts and he again said no that it was rediculous I was arrested in the first place. When we go into the court proceeding the judge was completely disconnected, treated my case as if I'd beat my husband with a ball bat or something and actually was very rude toward my husband who is the "victim" in this case. He did not ask any questions as to what happened, why, how and the arresting officers did not speak up either to help my husband or me. I felt like I was mislead in deciding what I was going to plead as, guilty or not guilty. I had no attorney with me because he was out of town and from all the advice I had received to handle my first appearance everyone was sure it was going to be thrown out which is why I didn't press for an attorney to be with me.

At first I was going to plea guilty because I thought if I pled guilty the judge would either dismiss the case because of the non severity of it or just give me a fine and send us on our way, no. He informed me I would be convicted if I pled guilty and I would serve time and be given a fee. So I changed my plea to not guilty and he transferred my case to another judge for a bench trial.

My husband was asked to leave the courtroom, twice, and the judge was not interested in hearing that we were still living together, there had been no more arguing or fighting and he didn't seem to care that the whole ordeal was over a scratch which he did not even ask my husband about.

I feel I have been mistreated in this case and my husband as well.

Is there a current petition to having this "blanket law" on CDV cases lifted? These type cases should be dealt with on a case by case basis, not all treated like someone was hospitalized or killed.