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lwpat
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience:  Practicing criminal defense attorney
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Was arrested 2yrs ago during a vacation to beach. Went to

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Was arrested 2yrs ago during a vacation to beach. Went to court once a month for 6months, denying the plea bargin each time. Then went 1.5yrs without contact from courts. Just got a letter telling me to go again. Heard there they're trying to fiqure out what is going on with all cases over 1 yr. In my case they have no evidence but 3 witness statements which came from other drunk at a club. They live in PA about a 14hr drive away. Any Idea what could be happening or going to happen.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  lwpat replied 5 years ago.

Conway and Atlantic Beach are in South Carolina and several miles from each other. If they have no witnesses they will have to dismiss for lack of prosecution. You can object to the officer testfying about what the witnesses said. Why don't you call the prosecutor and see if you can work something out. A local attorney can probably get it dismissed.

 

 

 

Customer: replied 5 years ago.

I was charged with Lynching, which is only a charge in 4 states, a felony, also charge with asault and battery, misdemenor, and drunk and disorderly. Went to court in Atlantic beach for drunk and disorderly pled gulity paid a fine and left. Been going to court in Conway for the other charges, not sure why. I live in Charlotte 4hrs away. Tried to get a lawyer in the beginning of the process but could afford the $10,000 they wanted. Thought that was outrageous, for this case. I have a public defendent but not very helpful, I feel like I should be able to get it dropped.

 

Long story start of the night of the incident, a group of 14 of us went out on vacation for a bachelor party. Went to strip club. As we are leaving one of my friends gets in a fight, knocks guy out. Friend the runs. Police called. Police arrive and just pick the 3 loudest people out and take them off to jail. after a few days in jail we find out we are charge with the above charges.

 

 

Expert:  lwpat replied 5 years ago.
The difference is that the misdemeanor charges were probably handled by a magistrate court while the felony is a general sessions charge and handled in the circuit court. Lynching is a serious charge and you could easily end up spending time in jail. Have the PD send you a copy of the discovery. Then you really should consider hiring your own attorney.
Customer: replied 5 years ago.

I have seen the discovery, it said they had a video, but they have now said they cant produce it, also was three witness statesment each about a paragraph, and all written by people who were with the guy that got knocked out, and all partys were intoxicated, so not much at all. So all in all, they have just 3 paragraphs, which when I read u could hardly even make out. And they guy I was with that actually hit the guy, ran and got away. Also after finding out what happen, I was told the guy that got knocked out, had a beer bottle outside and said "Who wants to get knocked ou with this beer bottle?" My buddy then walked up and hit him and layed him out with one punch.

 

I dont see how lynching is brought up, I thought it was an planned attack with 3 or more people...

Expert:  lwpat replied 5 years ago.
I agree, this should be dismissed. However, I am not the prosecutor. I assume you have asked for a trial by jury.
Customer: replied 5 years ago.
Yes, first the first 7 months I went at the end of the month, and everytime they offered the same plea bargain, to drop Lynching, but guilty to Assault, and pay hospital fees. Said no everytime, would like a trail. Seven times I made a 4hr trip, rental car and hotel. and nothing has happened. Then after that, I didnt hear from them for a whole year and a few months. Got a letter recently to go on March 3. Got another over the weekend saying March 3 was cancelled and moved to March 10. I believe they will just offer another plea. Can I get a speedy trail or is that way off?
Expert:  lwpat replied 5 years ago.

Your attorney should make a motion for a dismissal. If it is not granted then he should make a motion for a speedy trial.

 

 

lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience: Practicing criminal defense attorney
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