Grammer Law Firm

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Grammer Law Firm

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William (Bill) Grammer

This page provides articles of interest for all law enforcement officers. Attorney Bill Grammer can be contacted at 843-445-9800 or his website at William Grammer

What Are the Collateral Consequences of a Drug Conviction

 

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What Are the Collateral Consequences of a Drug Conviction?
A drug conviction, whether for a misdemeanor or felony offense, can have serious repercussions that can include significant terms of incarceration, a period spent on probation, and high fines. After you have served your sentence in full, however, you still are likely to experience the collateral consequences of a drug conviction in the state of South Carolina.
For example, you may find it much more difficult to get a job if you have a drug conviction on your record. Even if you have only a misdemeanor drug conviction, some employers may be reluctant to hire anyone who may have had a drug problem. Additionally, you may be unable to pursue some careers altogether due to a drug conviction or any type of felony conviction. This may limit your employment opportunities significantly for many years into the future. Additionally, some jobs require professional licensing. For some professional licenses, having a drug conviction or any felony conviction means that you may not be eligible for licensing.
You may also not qualify for certain federal benefits programs. For instance, you cannot receive food stamps if you have certain drug convictions on your record. You also may be ineligible for federal student loans and public housing, depending on the extent and nature of your drug conviction.
Anyone with a felony conviction in the state of South Carolina may not vote in federal, state, or local elections. Once you have served your sentence and any term of probation or parole for the offense, however, you can pursue restoration of your voting rights. A felony conviction also removes your ability to serve on a jury or hold public office.
Federal law prohibits individuals with a felony conviction from possessing, owning, purchasing, or transferring a firearm or ammunition. The law is clear that regardless whether the offense involved drugs or another offense, any crime with a potential sentence of incarceration of one year or more excludes you from possessing guns or ammunition.
A drug conviction also may put your immigration status at risk. If you have no lawful immigration status, a drug conviction is likely to trigger deportation proceedings.
Consult the Grammer Law Firm, P.C. for Legal Advice and Representation Today
Our goal is to minimize the penalties that you can potentially face for a drug charge, including those that are collateral consequences of a drug conviction. We are here to investigate the facts and circumstances surrounding your case, evaluate your situation, and devise the best strategy for fighting your criminal charges. No matter what type of criminal charges you are facing, William Grammer has the experience, knowledge and reputation that you want and need for your criminal defense. When results matter most, contact Grammer Law Firm, P.C., at 843-445-9800 or Info@sclaw.org.
The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

20181211 South Carolina New Expungement Law

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South Carolina’s New Expungement Law
Under South Carolina’s new expungement law, more individuals will be able to erase certain criminal convictions from their records. The hope is that this law, which takes effect on December 27, 2018, will increase the applicant pool for employers and enable more individuals to seek better jobs. The law will apply retroactively to all eligible criminal convictions that occurred prior to the effective date of the law.
Currently, South Carolina law allows individuals to expunge first-time low-level criminal offenses that carry a sentence of 30 days or less, following a period of good behavior. The new law, however, will remove the “first-time” language from the existing law, and even allow individuals to expunge multiple convictions that are closely connected and arose out of the same sentencing hearing.
Even more significantly, the new law permits individuals to expunge first-offense simple drug possession convictions, as well as those for possession of drugs with intent to distribute. The waiting period for expunging these offenses is as follows:
·       First-time conviction for possession of a controlled substance – three years
·       First-time conviction for unlawful possession of a prescription drug – three years
·       First-time conviction for possession of any controlled substance with intent to distribute – 20 years
The law also corrects a prior amendment to the law concerning youthful offenders. Although individuals who do not plead guilty to an offense under the Youthful Offender Act (YOA) are not eligible for a YOA expungement, any individuals convicted prior to June 2, 2010 who would have qualified as youthful offenders are eligible to have their records expunged under the new law. Since the waiting period for a YOA expungement is only five years, this means that individuals who were convicted prior to 2010 are immediately eligible for an expungement.
As a result of the passage of this law, individuals who are applying for jobs will not need to disclose those criminal convictions that have been expunged on job applications. Employers also will not be able to discover the existence of these convictions through a commercial background check on prospective employees. Although employers will have immunity with respect to any litigation concerning an expunged conviction, they still cannot use knowledge of an expunged conviction against the individual. In other words, an employer cannot fire an employee because he or she finds out that the employee had a conviction that was expunged.
You Can Count on the Grammer Law Firm, P.C. for the Advice that You Need
Grammer Law Firm, P.C., offers legal representation for individuals who are facing all types of criminal charges, including felony and misdemeanor charges. We are skilled at building strong defenses in criminal cases and protecting your rights under state and federal law. Call our office today at 843-445-9800 and set up a time to meet with South Carolina criminal defense lawyer William Grammer. Our role is to assess the facts surrounding your charges, examine the evidence against you, and develop the best defense strategy for your situation.
The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

20181115 South Carolina Gun Laws and You

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South Carolina Gun Laws and You
Gun laws vary widely from one state to the next, and violation of those laws can land you in serious trouble. While you do not need a permit to possess a firearm in South Carolina, you still must comply with various state laws related to firearms. As a result, you need to educate yourself about South Carolina laws concerning the possession, carrying, and transporting of firearms.
Individuals Prohibited From Possessing Firearms
Some individuals are ineligible to own, purchase, or possess firearms or ammunition under South Carolina law. These individuals include anyone who has been convicted of a felony offense, a violent crime, or a crime of domestic violence. You also cannot possess a firearm if you are subject to a domestic order of protection or a restraining order in family court. You may not possess a firearm if you are a drug addict, drug user, an undocumented immigrant, an immigrant present in the U.S. under a nonimmigrant visa, a dishonorably discharged veteran, or a fugitive from justice. Individuals who are on probation or parole, who have been declared mentally incompetent by a court, or who have been ordered to surrender their firearms by a court also cannot possess firearms. Even if you are merely pending felony charges, you may not receive a firearm.
Carrying Firearms and Concealed Weapons Permits (CWP)
South Carolina is not an open carry state. When South Carolinians have a Concealed Weapons Permit (CWP), they generally can carry a gun in most places, so long as it is concealed. The places in which carrying a concealed weapon is prohibited, however, include:
  • Restaurants that serve alcohol for on-site consumption (UNLESS you do not consume any alcohol)
  • Police stations and other law enforcement facilities
  • Jails and detention centers
  • Courthouses
  • Polling places on election days
  • Any offices or meeting places of any governmental entities
  • Any school or college athletic events that do not involve firearms
  • Daycares and preschools
  • Businesses with posted “No Concealed Weapons Allowed” signs
  • Any other place where carrying firearms is prohibited by federal law
Additionally, you may not carry a concealed weapon in the following locations, UNLESS you receive permission from the head of the facility or residence:
  • Churches or religious sanctuaries
  • Hospitals, doctor’s offices, or other healthcare facilities
  • Houses, apartments, or other dwellings
Furthermore, if you are a licensed fisherman or hunter and engaged in or traveling to and from fishing or hunting activities, you may carry a handgun. You also may carry your handgun at your business, although if you are an employee, you may not possess a handgun at work unless you have both a CWP and the permission of the business owner.
Transporting Firearms
If you do not have a CWP, you may only transport firearms in a vehicle if they are secured in a closed glove compartment, console, trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of a vehicle. If you are riding a motorcycle, the firearm must be in a closed saddlebag or other closed accessory container. You cannot carry your firearm in your pocket, under your seat, or anywhere not mentioned in this paragraph. When transporting a firearm from one legal place to another, it must be unloaded and in a secure wrapper, and you must travel directly from a building to your vehicle or vice versa.
Selling Firearms
You may not sell, offer to sell, deliver, exchange, or transport for sale a firearm to certain individuals, including persons who have been convicted of violent crimes, adjudicated incompetent, or whom a judge has ordered unfit to possess or carry a firearm, fugitives from justice, habitual drunkards, drug addicts, undocumented immigrants, and individuals under the age of 18. There are, however, certain exceptions for minors who are members of the Armed Forces or the ROTC. You also may not sell, buy, carry, or own a firearm whose serial number has been removed or obliterated.
Consult the Grammer Law Firm, P.C. for Legal Advice and Representation Today
At Grammer Law Firm, P.C., we offer legal advice and representation for persons who have been accused of all types of criminal offenses. We will investigate the circumstances surrounding your criminal charges, weigh the available alternatives for resolution, and assist you in choosing the defense strategy that is best for you. Contact us at 843-445-9800 and schedule an appointment to see William Grammer, your experienced South Carolina criminal defense lawyer. Get the legal help that you need today and ensure that your rights are protected throughout any criminal proceedings that you may be facing.
The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.