Answers To Criminal Defense FAQ

1. Why does anyone need a criminal defense lawyer?

In a criminal case you will either be charged with a misdemeanor or a felony. Misdemeanors usually mean less than year imprisonment or a fine. If you are found guilty of a felonies this can mean over a year in prison and in the most serious cases the death penalty. With so much at stake it makes sense to do whatever you need to do to get the legal protection and guidance you need to prove your innocence or minimize the damages to your life and future.

2. Do charges in one state transfer to another?

The basic answer is yes. Technology has made it possible for law enforcement to readily share an individual's criminal history. Of course not all crimes are treated the same in every state. Traffic violations and other offenses have different classifications that can vary state to state (For example using a fake ID may be a misdemeanor in one state but a felony in another). This is another way a criminal defense attorney can help. Your attorney will be able to advise you as to how the charges against you will affect your South Carolina or other state record and what he or she can do to drop those charges or even expunge your record.

3. Will my record be cleared when I turn 21?

If you work with an attorney you may be able to get an expungement- also called an Order of Destruction of Arrest Records. This removal is for minor and first time offenses. Speak to an attorney about your specific situation. In many cases an attorney can help clear your record.

4. Is a DUI a traffic ticket or a crime?

A DUAC or DUI is a crime. This is why enlisting the help of an experienced criminal defense attorney is strongly advised, even by the courts.

5. Why was I charged with distribution?

There are three parts to this charge: possession, intent to distribute, and possession with the intent to distribute. You can be charged with possession if drugs are not on you but found in your car or home. If you have a large quantity of a drug or paraphernalia, packaging materials, or even large amounts of money you may be charged with distribution or intent to distribute. You will need a skilled criminal law attorney on your side to defend against distribution charges.

6. What is the dram shop law?

Dram shop law refers to who is responsible. If a person was underage or over-served in a bar or restaurant and in this intoxicated state injures another person, that "third party" bar or restaurant can be found negligent, in that they, by serving this person, contributed to the injury. If you were injured by an intoxicated person you may be able to maintain a negligence action against a bar or restaurant owner. However, if you are intoxicated and injury yourself the state does not permit you to bring a negligence action against the bar or restaurant.

Get Answers From An Experienced Attorney

Of course each situation is unique and requires assessment he best course of action can depend on your circumstances and your history. At Stampfle Law Firm, we will take all of this into consideration and advise you on your specific case. Call me, attorney Ryan Stampfle. I have over a decade of helping people understand their rights and protect their reputation, career, family and future. Call 843-353-6152 to schedule a free consultation with our Myrtle Beach attorney.