Legal Question in Criminal Law in South Carolina

It all depends on the type of case and what happened. What you are referring to is called Ineffective Assistance of Counsel. The proceding is called a Post Conviction Relief. Its called PCR for short. When a person has PCR issues from the representation of a defense attorney, they file an action with the court for a Post Conviction Relief. When they go to court they have to prove that the attorney was ineffective in his/her representation and that ineffectiveness seriously changed the outcome of the case. The relief that most people want is to have the sentence vacated. That means that the sentence of the court is lifted (so to speak) and then the person starts all over again with the original charges pending once more.