Charleston CDV Defense
Have you or a loved one been charged with criminal domestic violence in Charleston, South Carolina? The Law Office of James R. Snell, Jr., LLC, represents those charged with both misdemeanor and felony level CDV charges. People do not understand that law enforcement takes a tough, zero tolerance approach to complaints of household arguments. When police is called frequently someone is arrested, even if no one requests to press charges.
Charleston also follows a "no drop" policy that prohibits law enforcement or CDV prosecutors from simply dismissing a CDV charge at the request of the alleged victim. Because of this it is important that everyone who has been arrested for domestic violence consult with a CDV defense attorney about their case before appearing in Court.
Charleston Bond Issues
After someone has been arrested for CDV they will be taken by the police to the Charleston County Detention Center, located at 3841 Leeds Avenue. Bond hearings are held every day of the week, with the exact time determined by the agency responsible for the arrest as well as the day of the week. Usually family members or others interested may observe by a video conference system.
Frequently "no contact" orders are put in place as a condition of a CDV release. These restrictions will prohibit contact with the alleged victim, even if the parties are married, live or work together or have children in common. Because violations of these restrictions can result in up to 30 days in jail without another bond, it is important to seek to have them lifted before risking a violation.
CDV Defense Procedures
At the bond preceding the defendant (person arrested) will be provided with a court date. This is usually for a "bench trial" where a judge alone will decide if they are guilty or acquitted (not-guilty). Because South Carolina's CDV law does not require anyone to be actually harmed, judges can and do find people guilty during bench trials even when there was only a suggestion that something might have happened, and even if the alleged victim asks to have the charges dropped. Because of this it is important to consult with a lawyer before your court date to make sure that you aren't rushed through a process and convicted on facts that otherwise wouldn't be criminal or violent.
Our lawyers have represented clients charged with crimes in area Charleston courts before including county courts, magistrate courts, and municipal courts in Charleston, North Charleston and Mount Pleasant. Our goal is to prevent our clients from being subjected to a false or unfair conviction for domestic violence.
There are several ways we can help resolve a CDV charge. Many of our clients are interested in being placed in a diversion program that upon successful completion results in a dismissal of the charge and having the arrest cleared from their record. Others seek a complete dismissal through challenging false, misleading or exaggerated allegations made against them in Court.
Although our office is located in downtown Lexington, South Carolina, we do not charge travel or mileage expenses for CDV defense in Charleston. Free in-person consultations are available by calling our office at (803) 359-3301. During your consultation you will receive an exact quote for the cost of defending your domestic violence charge We will also answer any questions you may have about your specific situation, and discuss with you any available legal or factual defenses.