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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 also unemployed without the benefit of unemployment or disability benefits.
The fine for a first offense CDV is as high as $5,000. The maximum fine is regularly given out by the Court and there are no guarantees that any defendant, even one without $5,000 immediately available to them, will receive a payment plan.
If a defendant is unable to pay the required fine and doesn't receive a payment plan typically they are ordered to begin service of a jail sentence. For first offense CDV this can be as much as 30 days.
It should be noted that the only time a CDV Court has the authority to fine someone is if they have already been convicted through either a guilty or no contest plea or if they have been found guilty after a trial.
The Law Office of James R. Snell, Jr., LLC is a
CDV Defense Law Firm in Lexington, South Carolina. We provide experienced counsel to those charged with domestic violence and also representation for other
criminal defense matters. To receive a free in office consultation with an attorney about your case contact us 24 hours a day at 1-888-301-6004.