Breach of Trust Over Walking Out on Bad Service ($20 Haircut)

My question involves criminal law for the state of: SC

Hi guys, first post here but I am a 31yo female with a clean record. I recently had a bad experience with a hair dresser. I walked in (first visit) and asked for a haircut, she said she had time and would be finished in a min, so I waited to see her. Sat down told her what I wanted (basically a bob) and she combed my hair and talked a min then began cutting and I ended up looking like she simply put my long hair in a pony and cut it off (5 min total max). I told her it did not look right and by that time her next appointment was already walking in (a lil early) and she got noticeably more rushy with me. I asked her if she could flip the ends under with a hot iron like I normally wear it to see if it looks better and she gets snobby and says "I thought this was just a cut not a style too!" I again told her it looks rough and said you sure didn't put much work into this cut and she continues to be mouthy and have a bad attitude so I finally just said "look thanks anyway but ill go elsewhere" and I leave and immediately go to another place to get it fixed. Then a lil later after returning to my hotel room I receive a knock on the door and its a police officer (she got my plate number and he found my car), I open the door and right away he says he smells marijuanna and pushes his way into my room and cuffs me and begins searching my room and finds about 3 grams of MJ. So I go to jail for "breach of trust" and simple possession. He never questioned my side and come to find out she tried to claim I received great service and walked out laughing (which was the LAST thing I was doing after the way I looked). So my question is basically would this charge (breach of trust) have the potential to hold up in court and what kinda penalty does it carry? I had no intention of getting a free haircut but I sure didn't want to pay for the very bad service since I went elsewhere. Also would the possession charge stick in this situation? Particularly if the initial charge of BOT didn't? thanks for any advice! Jessica

You appear to have admitted guilt on the theft of service. The search was based on probable cause. You appear to have screwed yourself good.

You will want to start by getting a lawyer, and as your next step provide your lawyer with proof that you immediately went to the second salon. If you're lucky, the person at the second salon will still recall exactly what it was that you needed fixed. Your lawyer can then use those facts to try to convince the prosecutor that you did not have criminal intent when you failed to pay for your haircut. For a $20 haircut, if charged under South Carolina Code 16-13-230 it would be a misdemeanor charge.

Has the prosecutor actually filed on this arrest and if so has the judge found probable cause? I wonder just how far the authorities would want to take this.

You mean, probable cause for the search based upon the smell of marijuana? It's worth discussing with a lawyer, given that the odor detected in a hotel room can sometimes be caused by a prior tenant, hotel staff member, or otherwise by somebody other than the occupant. The "plain smell" exception originated with vehicle searches, and some courts have declined to extend it to justify the warrantless search of premises. (I haven't seen what Georgia's courts are doing, or if they've addressed that distinction.)

Probable cause for the 'breach of trust' isn't going to be an impediment to the state. sweetjessica admits she obtained a service for an agreed price, and admits that she didn't pay for it - her reasons for not paying constitute her defense.

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Quoting Mr. Knowitall

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You mean, probable cause for the search based upon the smell of marijuana? It's worth discussing with a lawyer, given that the odor detected in a hotel room can sometimes be caused by a prior tenant, hotel staff member, or otherwise by somebody other than the occupant. The "plain smell" exception originated with vehicle searches, and some courts have declined to extend it to justify the warrantless search of premises. (I haven't seen what Georgia's courts are doing, or if they've addressed that distinction.)

Probable cause for the 'breach of trust' isn't going to be an impediment to the state. sweetjessica admits she obtained a service for an agreed price, and admits that she didn't pay for it - her reasons for not paying constitute her defense.

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Nonetheless, I am still curious as to how far the local prosecutors and courts involved are willing to pursue this matter.