Blog Posts in 2011

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Do the police need a warrant to arrest for CDV?

South Carolina law authorizes the police to make an arrest for CDV without a warrant. The police may only make an arrest for CDV without a warrant when the police either observed the (alleged) crime ...
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How should I plead in Court to CDV?

In South Carolina you can be technically guilty of domestic violence even in cases where there was no physical harm suffered by the alleged victim. There are however numerous legal and factual ...
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What happens if the alleged CDV victim changes their mind and wants to dismiss the charges?

Often times after the police respond to reported CDV and make an arrest the alleged victim wants to seek to have the charged dropped. The one arrested may not have been the only one involved in the ...
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What happens when someone calls 911 for a domestic dispute?

Whenever someone calls 911 in regards to a domestic abuse South Carolina's CDV laws and procedures immediately come into play. Even if the caller hangs up, or later asks 911 to disregard their call, ...
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What are my rights when arrested for CDV?

If you are placed under arrest for any South Carolina Domestic Violence charge you have important legal rights that come into play immediately. First and foremost: you have a right to remain silent. ...
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Do the police have to give Miranda rights as part of a CDV arrest?

Anyone who has ever watched a police TV show will be familiar with Miranda rights: You have a right to remain silent. Anything you say can and may be used against you in Court. You have a right to ...
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Can senior citizens be charged with domestic violence?

Criminal domestic violence is now a widely prevelant charge in South Carolina. Anyone can be charged with CDV. Unfortunately I am seeing more and more senior citizens being charged. There is no ...
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SC Supreme Court Says No Pre-Trial Dismissals of CDV Charges

Nearly everyone who contacts me about a recent CDV arrest wants the same thing - to have their case either dropped by the prosecutor or dismissed by the Court. Previously I have reviewed the "no drop" ...
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If I was falsely arrested can I sue the police?

One of the most frustrating aspects of being falsely arrested for domestic violence is realizing the financial impact that it can have on your life. No matter what the outcome of your case you are ...
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What happens after you are arrested for CDV?

When the police decide to arrest someone for a South Carolina CDV charge the next several steps in their case are predictable: First the defendant will be handcuffed by the police and put in the back ...
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Paternity and a South Carolina CDV Case

Under South Carolina law in order to be convicted of CDV the defendant and alleged victim must have a significant connection that the law calls household member status. In cases where the alleged ...
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Fighting a South Carolina CDV Case

When someone is arrested for CDV it can be a confusing and difficult experience. The charge frequently can come as a shock as the person arrested by the police may have never been through the criminal ...
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How long can I wait to hire a lawyer?

Often times people are in a state of shock or disbelief after being arrested for CDV. They do not understand what has happened to them - and they are unsure if they do or do not needs to consult with ...
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Will having your spouse arrested for CDV help you get divorced faster?

A common misconception is that if you have your spouse arrested for CDV it will result in being able to obtain a divorce in as little as 90 days and it will be a faster and easier process. This ...
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Lexington County CDV Court

Individuals who are arrested in Lexington County by the Sheriff's Department will have their cases originally referred to the Lexington County CDV Court. This Court is located in downtown Lexington ...
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Criminal Discovery in a CDV Case

When someone is charged with CDV the police and the prosecution collect evidence and other materials in their files related to the case. This can include important items such as: Police Reports Victim ...
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Criminal Domestic Violence Cases in South Carolina - There is Hope

No one wants to consider themselves, or have others think of them, as a domestic abuser or a criminal. Yet this is exactly what will happen if you are convicted of criminal domestic violence in South ...
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Police called to your argument in South Carolina? Someone is going to jail.

Almost without fail whenever the police are called to respond to an argument or disagreement between a couple someone is going to go to jail. Of course the police rarely actually see what happened and ...
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How do you prove you are innocent of CDV?

South Carolina's CDV law is enforced in earnest by police departments around the State. Anyone is subject to an arrest when law enforcement is called to a home due to a domestic dispute. CDV arrests ...
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Young Adults and CDV

A growing trend appears to be to charge young adults or teenagers with Criminal Domestic Violence. Unfortunately if a young person is charged with CDV it can be especially damaging to them. A CDV ...
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New Website Launched

I am pleased to announce the launching of my new office website at www.jamessnellattorney.com. This site will offer an introduction to South Carolina CDV Law - while www.cdvlawyer.com will continue to ...
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Is CDV the same as simple assault?

Some people mistakenly believe that a CDV charge is the same as Simple Assault. This is incorrect. CDV is much more serious. The maximum fine is $5,200 and there is a no drop policy. CDV is also a ...
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Can a victim be represented by an attorney?

Under the South Carolina Victim's Bill of Rights anyone who is alleged to be the victim of any crime, including domestic violence, has a right to be represented by an attorney. It is the ...
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Can you be sued for domestic violence?

When you are arrested for CDV in South Carolina you are facing a criminal charge. The case is brought by the State and if you are convicted you will face a potential or mandatory jail sentence along ...
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Your first Court date may be your last.

When someone is arrested for CDV in South Carolina they are usually given a date to appear on their ticket. Many people have an expectation that there first Court appearance will be for a preliminary ...
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