[__ Prayer __] ugh.

[Brother Mike]

http://www.criminaldefenselawyer.com/resources/south-carolina-misdemeanor-crimes-class-and-sentences

Might want to check it again.

Anyone convicted of a misdemeanor offense in South Carolina faces a range of potential penalties. Courts can impose a maximum incarceration penalty for anyone convicted of a misdemeanor based on the class of misdemeanor involved.

• Class A. Incarceration for no more than three years.

You are correct on other states being six months to a year. This is not the case in SC.

I also had a friend with the same exact sentence as CE. It is possible.

I checked it Out JoJoe. SC is screwed up though. Even getting the max 3 years on a Class A which is not likely for first offense, does not net probation of 5 years that is what I was trying to get across.

However, it does Fit SC Class "F" Felony of a max of 5 years. It makes perfect sense with the Class "F" Felony.

A big difference having a Misdemeanor on your record and having a Felony.

I am thinking He got hit with the Stalking Felony, and not the Class A Misdemeanor one. Did He intend Harm? Was he given a chance to represent himself, give his side? Did the lawyer just take a plea, without him knowing what was at stake?

bottom line, don't matter the plea, if your heart's intent was not to do what your accused of, you plead not guilty and fight it. If nobody explains what is going on to you, then what chance do you have? That is not good representation.

http://www.criminaldefenselawyer.co...elony-offense/south-carolina-felony-class.htm

He needs to know exactly what is going on, and what is on his record. He also needs to believe God to fight the felony if under the duress of a social worker who was treating him. That would just not fly in some states.

Blessings to all.

Mike

 

[JoJoe]

I am thinking He got hit with the Stalking Felony, and not the Class A Misdemeanor one. Did He intend Harm? Was he given a chance to represent himself, give his side? Did the lawyer just take a plea, without him knowing what was at stake?

I agree, this is the thing that potentially could happen as stated before about my SC friend.

He was convicted of a felony but, was dropped to a misdemeanor. Hence why he also got 5 years probation. I really don't understand any of it either but, I don't plan on going to SC anytime soon.

 

[Christ_empowered]

LOL. Yeah, JoJoe...don't come to SC. Its not good down here, lol.

The initial charge was 2nd degree harassment, which is relativley minor. Then stalking was added. Then 2nd degree harassment and stalking were both dropped, and it was 1st degree harassment. The tentative agreement was 18 months straight probation--no suspended sentence or anything. So, I came to court w/ my dad to plead guilty, and the ex-shrink is there. She reads off a 2 page statement, then the DA rips into me. The lawyer, thank God, kept things from getting too out of control...anyway, SC is big on victim's rights, victim's input, blah blah blah, especially on stalking. I'm not sure why, but they made the stalking laws a lot tougher in recent years...maybe that way they can pretend like they care about women's rights? Anyway...

the sentencing judge told the ex-shrink to read fast, she had other cases that day. I got the max for probation...3 years, suspended to 5 years probation. Now, I will say this for SC: if you behave yourself on probation, they're nice(r) to you. My PO tried to get me discharged from probation after only 1 year, and the ex-shrink/victim shot it down. No early discharge for me!

Part of the problem was that I took this doc to the medical board. Now, I did it because she got me hooked on Klonopin and Ambien as a teenager, and I developed tics off the antipsychotic she Rx'd that took years to go away, but...when a shrink comes after someone with psychiatric problems, that kinda stuff doesn't matter. She said the complaint was "frivolous," which wasn't true, but it did get dismissed, so...yeah. It made me look like some deranged monster.

And that, my friends, is the SC justice system in action. Keep in mind, I had an "excellent attorney" (my sentencing judge's exact words. Actually, she seemed both surprised and not so pleased that I had a good lawyer...something about her facial expression and tone of voice) and this is what I got. Such is the power of psychiatrists, I'm telling you. Also...this same shrink had tried to have me committed before she pressed charges. I managed to talk my way out of the psych evaluation, and they sent me home with a small Rx for sleeping tablets. She was...not pleased, lol. Total power trip, basically.

 

[Brother Mike]

I agree, this is the thing that potentially could happen as stated before about my SC friend.

He was convicted of a felony but, was dropped to a misdemeanor. Hence why he also got 5 years probation. I really don't understand any of it either but, I don't plan on going to SC anytime soon.

It might be some part of some crazy Plea deal, but it don't work like that in other states. To get 5 years of probation, it would have to be a felony conviction.

This is why I want our brother to check into and know what is going on. your friend might not even know exactly how things worked, and was there another charge that ran consecutive instead of concurrent?

blessings.

 

[Brother Mike]

LOL. Yeah, JoJoe...don't come to SC. Its not good down here, lol.

The initial charge was 2nd degree harassment, which is relativley minor. Then stalking was added. Then 2nd degree harassment and stalking were both dropped, and it was 1st degree harassment. The tentative agreement was 18 months straight probation--no suspended sentence or anything. So, I came to court w/ my dad to plead guilty, and the ex-shrink is there. She reads off a 2 page statement, then the DA rips into me. The lawyer, thank God, kept things from getting too out of control...anyway, SC is big on victim's rights, victim's input, blah blah blah, especially on stalking. I'm not sure why, but they made the stalking laws a lot tougher in recent years...maybe that way they can pretend like they care about women's rights? Anyway...

the sentencing judge told the ex-shrink to read fast, she had other cases that day. I got the max for probation...3 years, suspended to 5 years probation. Now, I will say this for SC: if you behave yourself on probation, they're nice(r) to you. My PO tried to get me discharged from probation after only 1 year, and the ex-shrink/victim shot it down. No early discharge for me!

could you go find out how you got 5 year probation on a class A that only carries a max of 3 years. It really sounds like you where hit with that class F felony.

It also sounds like the Lawyer just did His best to take a plea and work things out so you could avoid going to prison. That is all good, but if your not actually guilty because of your mindset at the time, or you did not really intended to do what they claim, that is worth fighting for and taking a chance on Jail.

However, if God be for us, nobody could be against us. I was facing a 3 class x felony's each carry 18-90 in IL looking at life in prison. Go came through on trail day, and I was just learning about God.

blessings.

 

[JoJoe]

It might be some part of some crazy Plea deal, but it don't work like that in other states. To get 5 years of probation, it would have to be a felony conviction.

This is why I want our brother to check into and know what is going on. your friend might not even know exactly how things worked, and was there another charge that ran consecutive instead of concurrent?

blessings.

Yeah I think he did actually but, the lawyer said it would be dropped or something I really can't remember the details. Long time ago...

He was a repeat so I don't think any more actions could of been handled. The reason why the judge decided consecutive. I just responded mainly because I remembered the SC misdemeanor max time served. I wasn't trying to get in the way of your love for our brother. Forgive if that was the case.:nod

 

[Christ_empowered]

Nooo...its 1st Degree Harassment, which is a serious misdmeanor in SC. The original charge was stalking. See, in SC, its like this...2nd Degree Harassmen, then 1st degree harassment...both of those are misdemeanor, unless you get 2 1st degree harassments, then its a felony. Anyway, then its up to Stalking, which is a felony.

check it out:

SECTION 16-3-1720. Penalties for conviction of harassment in the first degree.

(A) Except as provided in subsections (B) and (C), a person who engages in harassment in the first degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than three years, or both.

(B) A person who engages in harassment in the first degree when an injunction or restraining order, including a restraining order issued by the family court, is in effect prohibiting this conduct is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars, imprisoned not more than three years, or both.

(C) A person who engages in harassment in the first degree and who has a prior conviction of harassment or stalking within the preceding ten years is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.

(D) In addition to the penalties provided in this section, a person convicted of harassment in the first degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both.