Legal Question in Criminal Law in South Carolina

Legal recourse against a law officer

on august 5 1998 my son was arrested by two county officers who entered daughter and soninlaws res. w/o warrant he was 20 said was placing under for beer can on counter officer was abusive w/eyewitnesses and my son after being thrown into fridge turned around and hit officer a flurry of chgs then levied on him went to court was given 12yrs on 2 counts assault/battery on police officer. several chgs dropped except assault due to being unsubstantiated. offered plea of guilty but was fighting for life given no choice missed oneday of prob. going to be violated help please officer has been reprimanded for bad behaviour on two occassions do i have any recourse the one never showed up for any court date


Asked on 5/27/01, 1:29 am

2 Answers from Attorneys

Charles Griffin Law Offices of The Griffin Firm, LLC

Re: Legal recourse against a law officer

An officer does not necessarily have to have a warrant to enter a residence. Why were the officers there in the first place? Did anyone give them consent to enter the residence? Also, I have a difficult time understanding the language in your question. Is he now serving 12 years? He would have one (1) year from the date of conviction (if no appeal) to file what is called a "Post Conviction Relief" application. If he appealed his trial and/or sentence, he would have one (1) year from the date he exhausted his appeals to file a "Post Conviction Relief" application. A "Post Conviction Relief" application is a civil action wherein the convicted person files a civil suit requesting that his conviction be overturned for various reasons, such as ineffective assistance of counsel. Is your son now on probation and now facing 12 years for violation of probation arising out of the incident? If you feel your son's civil rights were violated at the time of the incident by abusive police behavior, your son may have a civil action against the officers for violating his civil rights pursuant to Title 42 Section 1983 of the United States Code of Laws. In South Carolina, he would normally have three (3) years from the date of the incident to bring the action, although this may have no effect on the criminal charges. This may only entitle your son to money damages. I would really need to know more about the situation. The County or Municipality may also be liable if it can be proven that it was the policy or custom of the City or County to allow abusive law enforcement tactics to occur. I can be contacted at 1-864-231-8870.

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Answered on 6/26/01, 9:01 am
Robert Johnston Law Offices of Robert J. Johnston

Re: Legal recourse against a law officer

There's quite a number of things that need to be explained to you that space here won't allow. Your free to call and I can fill you in. Robert Johnston (843) 828-1137

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Answered on 6/28/01, 10:45 pm


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