My question involves criminal law for the state of: south carolina
Last year in my home town i was charged with MIP and Open container charges at age 17. I had multiple charges within a matter of 2 weeks which consisted of: trespassing after notice, possession of false/altered ID (fake ID), minor in possession of tobacco, minor in possession of beer and an Open container charge. Needless to say i got a lawyer. All these charges happened last year in November of 2009. I didnt here anything from my lawyer untill the first of july 2010. He told me he worked out some deal with the solicitors office and if i plead guilty and paid for the tresspassing after notice and minor in possession of tobacco then they would accept me into ADP for the 3 other charges. Well i went and paid the tickets, and tried applying for ADP. They wouldn't let me get in ADP because of "previous charges" which were the ones I JUST PAID FOR. So i call the lawyer and he's like "oh there sending us for a loop" and i will get back with you because thats not what we worked out with the solicitors office (keep in mind this a very respected criminal lawyer from my town).
Anyway i moved off to college a few months ago still in the same state (clemson, sc) and unfortunately i get a simple possession of marijuana charge. The officer didnt take anyone to jail, he also said we were cooperative and he will agree to anything to help us out. Long story short, i meet with the officer yesterday to ask about conditional discharge since this is my first drug offense, he said he would help us out as much as possible and said he has "never heard of conditional discharge for this particular offense, or has never seen it ask for or givin" and then directed me to talk to the judge. Ends up the court clerk wont let me talk to the judge or set up an appointment of any kind to speak with him. Ultimately i want to get conditional discharge for this simple possession ticket. The other charges from last year are still pending from my lawyer, he called in july of this summer, its now octoboer and i havent heard a word from him. So my questions are; should i try to get conditional discharge? and if i were to complete it and get my charge expunged will that mean im not able to expunge the other charges with whatever my lawyer sets up for my other charges? At this point i cant get much info on conditional discharge besides it being completely up to the judge and officer in court.
And what steps should i take in court to ask for condional discharge? i have to plea guilty and if i do plead guilty, if he ask if i have previous charges, should i say yes because of the ones from last novemeber? technically those charges are still pending so to say.
Also, conditional discharge i believe is set up in court. Therefore if i go to court for my simple possession charge and the judge declines my proposal, my only other option is conviction. This is where i get confused and dont know what to do, because i know PTI your suppose to set up BEFORE court date...sooo