Dangers of Going to Court Alone When Charged with CDV in South Carolina

I am often contacted by potential clients who made the mistake of going to court alone and without consulting an attorney, after being charged with domestic violence. They thought that because no one was hurt or because their partner did not want to continue with the case, the court would automatically dismiss the case. Unfortunately for them, this is not how CDV cases are handled in South Carolina.

First, South Carolina’s CDV law is broader than most people expect. You can be arrested and convicted of CDV for conduct that would not otherwise be criminal, domestic, or violent. The three components of the law are generally described as prohibitions against causing bodily harm, attempting to cause harm, or conduct that creates fear in another person. Because of this, there is no requirement in the law that someone must be hit, pushed, shoved, slapped, punched, kicked, or touched in any way for a violation of the law to occur.

Second, there is a “no abandon” policy in South Carolina regarding CDV arrests. This means that once you are arrested for domestic violence, the police and prosecutor generally cannot dismiss or drop the case, even if no one was harmed, and even if everyone wants the case dismissed.

When someone accused of CDV goes to court, they are often not prepared that their opportunity to speak to the judge will only be available in the context of a trial. Rules of evidence apply and a criminal defendant representing himself will be held to the same standards as an experienced trial attorney. Once the process starts, it can be finished in a matter of minutes. The Judge’s ruling can leave someone with a permanent criminal record, jail time and a fine.

People charged with domestic violence are at greater risk than many others of inadvertently adjudicating their case due to a lack of familiarity with the criminal justice system. Many times a CDV arrest is the first time someone has come into contact with the system. Consequently, the way they believe your case should and will be handled may very well directly contradict court procedure and state law.

Anyone charged with CDV has important legal rights. These include the right to obtain pretrial documents, statements, photos, and reports that the police or prosecution have about your case, the right to object to rumors and other unreliable evidence, and the right to a jury trial. complete. In addition, indicating to the prosecution that you are serious about challenging your case may encourage them to consider available alternatives that may settle your case without a trial and result in you having no criminal record.

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