Blog Posts in February, 2011

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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How many people are on a CDV trial jury?

Anyone charged with CDV in South Carolina is eligible to receive a full trial by jury. Jury trials are not conducted on the Court date written on a CDV citation or on the information provided by the ...
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Arrested for CDV? Better check your Facebook account.

It seems like everyone has a Facebook account nowadays. Even CDV defendants. Police and CDV prosecutors know this and are now routinely checking up on defendants using Facebook or other social media ...
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Going back home after a CDV Arrest

A common dilemma faced by those after a CDV arrest is when the alleged victim won't leave a shared residence even though the bond court implemented a no contact order. Because bond restrictions are ...
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If I have a new wife is it still CDV 2nd?

A question that for whatever reason keeps popping up in my practice is whether or not someone can be charged as a domestic violence repeat offender if the alleged victims in their case are different. ...
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Is domestic violence a felony or misdemeanor?

In South Carolina we actually have four different types of domestic violence charges. Some are classified as misdemeanors and some are felonies. 1st Offense CDV is a Misdemeanor punishable by up to 30 ...
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Will the CDV Court give me a payment plan for my fine?

Under South Carolina law the Court is to consider a payment plan for a defendant who has been found indigent. A finding of indigency typically will not be made unless a defendant has no assets and is ...
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Can I plead no contest to CDV?

If you are arrested for CDV in Lexington or Columbia South Carolina you will be given a date and time to appear in CDV Court. One question I receive a lot from CDV defendants is whether or not they ...
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Can Women be Arrested for CDV?

The answer to whether or not a woman can be arrested for domestic violence in South Carolina can be summed up in one word. Yes. South Carolina's CDV law makes no distinction between men or woman. ...
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The Domestic Violence Offender Gun Ban

One of the most significant penalties for those convicted of criminal domestic violence comes as a result of the Domestic Violence Offender Gun Ban. This Federal law prohibits anyone convicted of a ...
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What if my wife just says she made it all up?

A question I receive a lot from current or prospective clients is what will happen to their CDV case if their wife (or other household member ) calls the police\prosecutor\court and advises them that ...
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