Legal Question in Criminal Law in South Carolina

Husband traded a car we had not yet transferred to our name. The girl who traded cars with us (signed title over) just pressed charges saying her car was "stolen ". They charged him with obtaining property under false pretense bc the title was not in our name when we did the trade. The girl knew his real name and that the title was not in our name. She ended up not liking the car we traded her and wanted to trade back. We told her no and apparently she got mad and pressed these charges. The investigator said that it was iilegal bc it wasn't in his name etc etc. Wouldn't that just be title jumping? Bottom line is she knew my husband was not who's name the title was in and test drove our car and still decided to make the trade. This is a felony charge and I need to know best way to fight it. This investigator is not a nice person and is even trying to intimidate me and say I could even be charged bc I was present during the trade. This is all bc a person regretted trading their car and didn't get their way. I know I need a lawyer but cannot afford it so we will have to utilize a public defender. I just need to know what we are looking at as far as what a lawyer can do for us, fines, possible jail tome, etc.

Thank you

Asked on 7/26/13, 4:22 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Your questions are reasonable ones. However, the practice of law, espeically in the criminal category, is far more complicated and involves consideration of many other aspects that most people do not think of, since the whole proceeess is new to them. I suspect that is probably the situation with you and your husband.

Although I would like to, I would be doing you a dis-service trying to answer your questions without more information. Such as exactly what the has alleged, if she has anyone who claims to be a witness for her, your husband's criminal record if any, and the Q's & A's continue. There is simply quite a number of things a competent attorney in criminal law would have to know, in order to provide you with any sort of relliable responses.

You didn't provide any time-frames whatsoever; such as how long she had the car, how long your husband had it before trading it, and so forth. There's numerous other things I would have to ask.

I'm afraid that if you cannot afford an attorney, you might have to try and be patient and wait until someone is appointed for your husband.

Good luck,

Robert J. Johnston

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Answered on 7/27/13, 12:23 am

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