Legal Question in Criminal Law in South Carolina
I have a friend who recently got a 9 year sentence for trafficing Crack Cocaine. He has a prior record for the same thing, however the police didnt actually catch him in the car. The car went through a police checkpoint and the driver fled the scene. He was in the car earlier that day but wasnt in the car at the time. Do you think he should try for a PCR or to get this case overturned?
1 Answer from Attorneys
Its hard to say without more information. As far as a PCR, that is based on what is called, "Ineffective Assistance of Counsel." You have to allege that your attorney was ineffective in representation and that affected the outcome of the case. As far as having it overturned, that would be an appeal. Right now an attorney would need to know a whole lot more about the case to answer your questions. Nine years is a long time so its certainly worth looking into. It also makes a big difference depending on whether it was a trial or a guilty plea. You didn't say so I don't know. Regardless of whether it was or not, an attorney would still need to know a lot about what happened. You are welcome to call or email with other questions.
Robert Johnston
843-828-1137
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