by Alex KornfeldGREENVILLE AND PICKENS IMPLEMENT NEW SUBSTANCE ABUSE DIVERSIONARY PROGRAM-DRUG CHARGES CAN BE DISMISSED
The Thirteenth Circuit Solicitor’s Office has implemented a pilot program for people charged with non-violent drug offenses. The program is at the discretion of the Solicitor and participation is voluntary.
If admitted to the program one must complete a twelve-week drug rehabilitation program. If one successfully completes the program the drug charges will be dismissed.
If you have been charged with a drug offense give Alex a call at 864-335-9990.
http://www.sccourts.org/courtOrders/displayOrder.cfm?orderNo=2017-04-18-02
by Alex KornfeldHOW CHILD SUPPORT IS CALCULATED IN SOUTH CAROLINA
The factors a Court considers when determining support depends on the parties gross income or potential gross income, daycare expenses, extraordinary medical bills, insurance coverage, educational expenses or other expenses that are relevant to protecting the best interest of the child.
In most cases, the Courts follow the South Carolina Child Support Guidelines. The Court might also look at income generating assets.
The Court will considered support of other children or adopted children living in the payee’s home. A payee who also supports a step-child that is in the home is not included in equating child support unless the payee is legally responsible for support that child.
The guidelines have three separate worksheets; sole, split, and shared custody. Each worksheet quantifies the amount of time spend with each child to decide what amount of support is appropriate for the child.
In South Carolina, the Court has discretion to Order the payee to pay the payor directly or pay through the Court. If the Court orders the payee to pay through the Court the payee will be required to pay an additional 5% court cost.
If you are curious about what amount of support may be awarded you may go to http://www.state.sc.us/dss/csed/calculator.htm. This is just an estimate and certain factors that may be unknown could change the amount significantly. If you are interested in reading the guidelines go to http://www.state.sc.us/dss/csed/forms/2006guidelines.pdf.
Alex Kornfeld is a Family Law Attorney here in Greenville, South Carolina. His practice consists primarily of Family Law, Criminal Defense, and Business Law. You may reach Atty. Kornfeld at his office 864-335-9990
Sources: Marriage and Divorce Law in South Carolina, A Layperson’s Guide 3rd edition;
The SCDSS website.
by Alex KornfeldSpeeding and Traffic Tickets
Should I Hire a Greenville, SC Traffic Court Lawyer?
If you have received a citation for a traffic violation it may be in your best interest to hire a traffic ticket lawyer to represent you.
If you feel you are not guilty of the offense in which you have been charged then analyzing the facts, procedure, penalties, cost, and the overall circumstances concerning the case is important.
If this represents you, hiring a Greenville, SC Traffic Ticket Attorney may be in your best interest.
Are you curious how many points you have against your South Carolina Driver’s license? If so go to https://www.scdmvonline.com/dmvpublic/trans/drecpoints.aspx and enter the required information to find out.
If you have 12 points or more against your license then your license will be suspended.
Points against your driving record will be cut in half after one year. For example, if you were found guilty of Reckless Driving which is a 6 point ticket on January 1, 2013 then on January 1, 2014 you would only have 3 points against your license.
Points against your license could result in a higher insurance premium. The amount of points posted against your driver records depends on the infraction but some of the most common infractions are speeding not more than 10 m.p.h. which carries 2 points, more than 10 mph. about the posted speed limit which carries 4 points, failing to yield the right of way which carries 4 points, and following too closely which carries 4 points.
If you are guilty of the infraction you may benefit by taking a defensive driving course which could reduce the amount of points you have against your license.
Alex Kornfeld is a Criminal Defense lawyer in Greenville, South Carolina. He primarily practices law in the area of criminal defense, family law, and small business law. You can contact him at 864-335-9990 or alex@alexkornfeld.com This article is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of an attorney/client relationship.
Sources: http://www.scdmvonline.com/DMVNew/default.aspx?n=point_system
by Alex KornfeldBond Hearings in South Carolina
Greenville, South Carolina Bond Hearing Lawyer
If a person has been charged with a crime and is currently in jail, that person most likely appeared before a Judge and that Judge either set bond or denied bond entirely. In either case, that person is entitled to one bond hearing.
You can be represented by a Criminal Defense Attorney when appearing in South Carolina Bond Court. At the hearing, the Court must make a decision whether bond is appropriate, whether to decrease the bond, or, in some rare instances, whether the bond should be increased.
The Court will consider two issues;
(1) the Defendant’s flight risk and;
(2) the Defendant’s threat to the community.
(1) When determining flight risk the Court will generally consider the ties the accused has to the community, ties the accused may have outside of the community, resources, and any factor that may affect the accused’s ability to appear should the bond be reduced.
(2) The Court generally reviews the allegations against the accused, whether the crime is violent, whether there is a strong possibility that a victim will be harmed should the accused be released, and the accused’s prior record.
A bond hearing is a serious proceeding in which an attorney must take the appropriate time to prepare. You should know that bond hearings do not happen every day, and if you or the accused is faced with a bond that is not attainable, the time to hire an attorney is sooner rather than later. In Greenville County, South Carolina the Defendant’s lawyer must request, receive, and review initial discovery prior to filing a motion for bond reduction unless the Defendant is being held without bond.
Motion for Bond Reconsideration
If the accused has already had a bond hearing in connection with the accused charges, the accused can request a reconsideration if there is a considerable change in circumstances. In most cases, there is not a considerable change in circumstances.
Bond Defined and Types of Bond
Bond is a restraint the Courts put on a Defendant to insure the Defendant will make all required appearances. There are three common bonds. They are the personal recognizance bond, the surety bond, and the property bond.
The personal recognizance bond, or PR bond, is a bond in which nothing is held by the Court or a bondsman. The Defendant’s word and signature stating that the Defendant will make all appearances is all that is required.
The surety bond is the bond in which a monetary bond is required. A Defendant, or someone on Defendant’s behalf, can tender an amount to the Court for bond or hire a bondsman. A bondsman will require significantly less to bond the Defendant out of jail than the actual bond.
A surety bond in which property is put up as collateral will hold the bond when a party who has property in the County (or jurisdiction) in which the Defendant is charged puts the property up as a surety against the Defendant’s flight risk.
A cash bond is an amount the Defendant puts up for collateral and is held to insure that the Defendant makes all required Court appearances. If the Defendant fails to appear, his bond may be terminated and the bond may be forfeited.
Alex Kornfeld is a Criminal Defense lawyer in Greenville, South Carolina. He primarily practices law in the area of criminal defense, family law, and small business law. You can contact him at 864-335-9990 or alex@alexkornfeld.com This article is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of an attorney/client relationship.