Recent Posts in CDV Court Category

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Charged with domestic violence over the holidays?

No one is surprised that the holiday season results in an uptick in DUI charges. But did you know that this is also the time of year where many people are arrested for domestic violence? A domestic ...
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How serious is a General Sessions level domestic violence case?

General Sessions is the name for the criminal court in South Carolina of unlimited jurisdiction. That means that it is the court designed to prosecute major felonies, and dish out severe punishments ...
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Challenging an Enhanced CDV

A common issue in defending CDV charges is assisting clients who have been charged with either a 2nd or 3rd offense Criminal Domestic Violence charge. This posting discusses a legal challenge to the ...
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Why hoping someone won't come to court doesn't work.

Many CDV defendants rely upon their partner or another witness not coming to court to testify against them. They beleive that because the other person has expressed a disinterest in coming to court or ...
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What can be done against someone who falsely accuses you of CDV?

Many CDV arrests are made as the result of false or unfair accusations brought by an angry partner. Just being arrested can create a significant hardship including: Spending at least several hours in ...
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If I'm guilty of CDV what can a lawyer do?

Although many people are arrested for CDV based on false or unfair allegations, many others are arrested after they have in fact been physically abusive toward their spouse or other companion. If you ...
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What if the police lied in their report?

A common issue in defending CDV cases is learning that the police report contains false or misleading information. Sometimes it even seems that the police have gone as far as to actually lie or ...
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Take Pictures of your CDV Injuries

Many times an individual who themselves has been injured in a domestic dispute will find themselves falsely or unfairly arrested and charged with CDV. Sometimes these injuries may be immediately ...
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Don't Ride Together to CDV Court

Most people who are charged with a South Carolina CDV offense are told in bond court that they can have no contact with their alleged victim. A no contact bond restriction means absolutely no contact, ...
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New Warrant Requirement for CDV Cases

In a recent decision, the South Carolina Court of Appeals has issued a ruling requiring that CDV 1st cases be prosecuted on the basis of an arrest warrant not a uniform traffic ticket. The opinion, ...
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When should I have a lawyer present with me?

Because CDV is a serious criminal charge you should retain the services of a lawyer as quickly possible once you know that you are under investigation for, or have been arrested. You should remain ...
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False Testimony and CDV Prosecution in South Carolina

Due to the way South Carolina CDV Law is written not every case involves actual physical evidence or other forms of proof. Many cases are brought on nothing more than " he said, she said ", ...
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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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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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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 ...
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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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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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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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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 ...
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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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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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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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