Recent Posts in South Carolina Criminal Law Category

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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Five Popular Myths About CDV Cases

1. If your partner simply asks to have the charge dismissed it will go away. There is a "no drop" policy in place that applies to domestic violence cases. This rule prevents the police or ...
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Do police need a warrant to arrest for CDV?

For many years it was standard practice for law enforcement to write CDV charges on traffic tickets. Then last year the South Carolina Court of Appeals held in a case entitled State vs. Ramsey that a ...
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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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South Carolina Court of Appeals Issues New CDVHAN Opinion

On June 6, 2012, the South Carolina Court of Appeals issued an opinion from an appeal on a CDVHAN Conviction in Lexington County. The case is State vs. Bennie Golston. For a complete text of the Court ...
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False allegations in divorce cases

An unfortunate reality is that many times people try to make use of South Carolina CDV Law in order to gain an advantage in a divorce or custody case. When someone is arrested for CDV many times the ...
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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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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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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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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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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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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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