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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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During depositions for a case where I was contesting my mothers

Customer Question

During depositions for a case where I was contesting my mother's will, my brother and sisters perjured themselves repeatedly. I know one gets nervous, but 30 times exceeds that excuse. What is the statute of limitations in SC for perjury? The Attorney General's office told me to get an affiant warrant as the police where this occurred would not take a complaint and give me a case number XXXXX give the magistrate. How do I get an affiant warrant?
Submitted: 1 year ago.
Category: Legal
Expert:  xavierjd replied 1 year ago.

xavierjd :

Thanks for using JustAnswer.com It will be my pleasure to assist you today.

Expert:  xavierjd replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  xavierjd replied 1 year ago.
Hi Margaret,

I am REALLY sorry that you are going through such a stressful situation with your family.

When did the depositions occur?

Thanks
Customer: replied 1 year ago.


The depositions were taken on sept. 3, 2009.The case didn't get to trila until Jan.23, 2012.

Expert:  xavierjd replied 1 year ago.
Hi,

First, there are no statutes of limitations for any criminal prosecutions in South Carolina. In other words, you may be prosecuted for committing a crime at any time. Title 16 of the Code of Laws lists the various crimes in South Carolina.

Regarding an Affiant Warrant, a person who is not a law enforcement officer MAY obtain an affiant warrant IF certain requirements are alleged in the warrant. The affiant warrant must be prepared by the Attorney General. Below is a link to the statute that speaks to Affiant Warrants.

http://www.lawserver.com/law/state/south-carolina/sc-code/south_carolina_code_22-5-115


I hope you find this information useful. And, best wishes to you. I hope that the matter is resolved quickly so that you can move forward.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

Customer: replied 1 year ago.

I am a bit confused as to where to get the affiant warrant and its form. The magistrate seems to have the authority to issue one, but the line that states the form is designed by the Attorney General doesn't make sense. There's a form? No. 3, 4, 7 don't make sense either.I thought it was a list of charges etc., that I would have to furnish with evidence showing the crime (perjury) had occurred.


see below


 


South Carolina Code 22-5-115.


B) The Attorney General must design the form containing the summons to appear. The form must include:


(1) an affidavit that establishes probable cause;


(2) a description of the charges against the defendant;


(3) the date, time, and place of the trial;


(4) the name of the issuing officer;


(5) the defendant's and affiant's name, address, and telephone number;


(6) the date and location of the incident; and


(7) notice that the defendant may be tried in his absence or a bench warrant may be issued for his arrest


 


If the magistrate issues an affiant warrant, they are going to also set a trial date? see #3 and #7


Who is the issuing officer? #4 Is that the person who serves the warrant? How would I know who that is or go about getting it done?


 


 

Expert:  xavierjd replied 1 year ago.
Hi,

To answer your question,

#3 will be set by the judge/magistrate if an arrest warrant is issued.

#4 is N/A meaning, not applicable.

#7 You may state that the Defendant may be tried in his absence, or a bench warrant may be issued for his arrest. However, it is the judge/magistrate that will determine whether a warrant shall be issued.

It is possible that the judge/magistrate can fill out the Warrant/Affidavit based on your testimony, under oath, that all of the requirements for the issuance of a warrant are met. You would have to state, in specificity, the requirements which you can learn more about in the links below.

Otherwise, a form MAY be available at the appropriate court, or at the attorney general's office. You may ask the court staff where you can find the appropriate form.

The South Carolina Judge's Bench book section regarding Arrest With a Warrant found at http://www.sccourts.org/summaryCourtBenchBook/HTML/CriminalCorg.htm (c) is helpful as to what must be stated in a Request for an Arrest Warrant.

The South Carolina Judge's Bench book at http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/CriminalH.htm may also be helpful to you.

Finally, you may find the below link also helpful.
http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/CriminalH.htm

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD


 


xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


If I have further questions about this process, how can I get you to get more advice from you? (Of course, sign in and pay.) The reason I ask is that I have a lawyer now for this process and you have been more help than he is.


I have 3 siblings who perjured themselves 30 times during depositions in order to keep me out of a will made by my mother who was being treated for dementia. My lawyer did not turn in the interrogatories in the required 30 days and the case was lost.I am trying to go after them because the tape of the hearing for the dismissal is lost by the clerk of the court so it will be hard to sue my lawyer for malpractice.No one should win a case by lying. The solicitor's office said I needed a case number XXXXX the police department for going after them for perjury. I have spoken to 7 officers and none will take a report as perjury is something they do not want to proscecute. The solicitor's office then said to get an affiant warrant and this is where I am at now.As this is in SC and I live in NC, it makes it hard to see people. I hired a lawyer who is not doing his best to just get me before someone to prove my case, hence all the questions to you. I want justice.


You have done more than I expected and answered all of my questions. I would hire you if I could to fix the messes I am now faced with. Thank you.

Expert:  xavierjd replied 1 year ago.
Hi,

Thanks for the "excellent service" rating. It is greatly appreciated.

If you have further questions, you can specifically request me as the expert.

Thanks agains for your kind words.

xavierjd
Customer: replied 1 year ago.


Can magistrates in SC issue warrants for felonies or can they just do them for misdemeanors?

Expert:  xavierjd replied 1 year ago.
Hi,

There are approximately 300 Magistrates in South Carolina that are appointed to four year terms. Magistrates have jurisdiction over criminal/traffic offenses that carry a punishment of a fine and/or a jail sentence that is not more than 30 days generally.They also have jurisdiction over civil disputes when the amount in controversy does not exceed $7,500 commonly referred to as “Small Claims Court”. The Magistrate Court also processes evictions, restraining orders, sets bail, conducts preliminary hearings, and issues arrest and search warrants.

South Carolina has two distinct sets of procedures, but the dividing line is not the traditional misdemeanor/felony distinction. In this State, the difference is based on the jurisdictional line between courts of limited jurisdiction (magistrate's court) and the courts of general jurisdiction (circuit court). This jurisdictional line is the provision in S.C. Code Ann. §22-3-550 -- the $500 or 30 days, or both clause. All offenses falling below this line are within the jurisdiction of the magistrates (and by implication, municipal courts), where one distinct set of procedures is used, and all offenses above this line are within the jurisdiction of the circuit courts where another set of procedures is used. See: http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/CriminalH.htm

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

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