Criminal Law Questions? Ask a Criminal Lawyer.
Hello Doctor and thanks for choosing Just Answer®.
I am a licensed attorney and will be glad to try and assist you. I certainly do remember that it was a pleasure to assist you previously. Many thanks for the honor of requesting my services by name. To provide you with accurate information, could you please clarify this point:
Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible. As it is evening, this may be tomorrow (Wednesday), but you have my word I will not forget about you or leave you hanging.
Yes, I am seeking information to obtain an expungement from the court in South Carolina.
My mention of NY was in reference to my childhood upbringing in Brooklyn. By the way, what state are you practicing in? I'm just curious.
To reiterate, can you put me in contact with a pro bono legal organization or law students who need a law project to research for a term paper or presentation.
Do you recall the movie "The Hurricane" (1999) with actor Denzel Washington playing the role of boxer Hurricane Carter who was wrongly convicted of three murders and was sentenced to three life sentences? His conviction was over turned largely due to the exonerating research of three Canadian student advocates. This scenario of law student advocates is what I'm hoping you can arrange or put me in contact with.
I strongly believe that if I can win my appeal or get a retrial (risky?) I'm sure that I can organize a hundred or more wrongly convicted physicians to pool their collective cash resources to put up a $1,000,000 retainer to an attorney/s to represent them in a civil suit (?) against the State and Federal prosecutors/judges or Gov'ts involved.
This would be an unprecedented litigation and perhaps, dangerous (we feel that one of the doctors of a particular case changed his mind about perjury as a provision of his plea bargain... within a few days he was found dead under mysterious circumstances). Their message was loud and clear and as a result, all of us have been duly reticent about being pro-active in clearing our names. We are truly afraid for our lives to go against the government.
It's very disquieting to come to the realization that the very agencies that we look to for protection are the very same ones persecuting us!
Have a BLESSED day,
Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.
"Yes, I am seeking information to obtain an expungement from the court in South Carolina." Believe me, it gives me no pleasure to once again be the bearer of some discouraging news. Here is the botXXXXX XXXXXne. South Carolina law on expungement is quite restrictive and this remedy is simply not available to you at this juncture. Expunction is only available in the following cases: (1) dismissal or nonconviction -- South Carolina Code of Laws § 17-1-40; (2) successful completion of pre-trial intervention -- South Carolina Code of Laws § 17-22-150; (3) certain fraudulent checks -- South Carolina Code of Laws § 34-11-90(e); (4) first offense simple possession of marijuana -- South Carolina Code of Laws § 44-53-450(b); and (5)certain first offense convictions in Magistrate's Court or Municipal Court -- South Carolina Code of Laws § 22-5-910
"To reiterate, can you put me in contact with a pro bono legal organization or law students who need a law project to research for a term paper or presentation." You are right on the mark by raising this issue. Given the particulars of your case (i.e. the nature of the conviction, the fact that you have been released, etc.) some excellent resources such as The Innocence Project and/or the American Civil Liberties Union are not going to be of help here. If I were in your shoes, I would contact the following and ask to present your case: (1) Pro Bono Program, University of South Carolina School of Law, Room 233, Columbia, South Carolina 29208,(NNN) NNN-NNNN and (2) Director of Public Service and Pro Bono, Charleston School of Law's,XXXXX Post Office Box 535, Charleston, South Carolina 29402,(NNN) NNN-NNNN
"Do you recall the movie "The Hurricane" (1999) with actor Denzel Washington playing the role of boxer Hurricane Carter who was wrongly convicted of three murders and was sentenced to three life sentences?" I am a huge fan of both this movie and most any role played by the incomparable Denzel Washington. If you have not already seen it, here is another case where law students and their professor scored a legal victory against seemingly insurmountable odds: Reversal of Fortune (1990).
I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope all works out.
I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.
If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.
The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).