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What happens if you want to move while your CDV case is pending?

What happens if you want to move while your CDV case is pending?

If you move or change your contact information while your CDV case is pending it is important that you notify your attorney’s office. You should also notify your bail bondsman. Your attorney will notify the court of your new information. If you fail to make sure that your contact information has been updated it could cause you to miss mandatory court appearances, which could result in the issuance of a bench warrant for your arrest.

If you are planning on moving a significant distance away you should know that this will not automatically end a CDV case. South Carolina Courts still have jurisdiction over any alleged crimes that occurred within the state. If you fail to return for your case then a bench warrant may be issued for your arrest. Although South Carolina won’t always extradite for a CDV 1st case, if you used a bondsman to get out of jail they may employ a bounty hunter regardless of your location. A special concern for those with a pending General Sessions CDV is that it is a standard condition of bond that you not leave the state without consent of the court. Ordinarily the Solicitor's office will consent to allowing someone to leave as long as they have the new address and the defendant returns for all court dates.

While the Court may continue to have jurisdiction over the defendant, in order for a Magistrate or Municipal Court to subpoena another witness that individual must reside in the same county as the Court. Most CDV 1st cases are prosecuted in Magistrate or Municipal Courts. What this means is that if the “victim” or other important witnesses in your CDV case move away, it may be difficult or impossible for the Court to force them to come to Court to testify against you. General Sessions Courts in South Carolina have the legal authority to subpoena anyone who lives in South Carolina, regardless of the county of residence.

Legal ethics do not permit an attorney working for a defendant to advise other individuals to refuse to cooperate with the prosecution or to appear in court. If someone who is not our client has questions regarding their obligations to appear in court or otherwise cooperate they should direct those to another qualified attorney of their own choice.


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