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  1. #1
    Join Date
    Feb 2011
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    3

    Default 3rd Degree Burglary in South Carolina

    My question involves criminal law for the state of: South Carolina

    My step-son was recently arrested and charged with 3rd degree burglary. He is of legal age.

    My question is this: if the address on the arrest warrant is stated as a completely different address than where he was arrested, can that be a basis for dismissal? He was arrested while still on the property he did not have permission to enter. The address listed on the arrest warrant is that of the land owner.

    If not, how can someone be charged with a crime at an address they have never seen before? I have full documentation regarding the two properties in question, without breaking the law.

    The physical difference between the listed address on the warrant vs where he was actually arrested is approximately 1.6mi away. The two properties are completely separate, having two separate property tax bills making them not the same property.

  2. #2
    Join Date
    Sep 2010
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    19,482

    Default Re: 3rd Degree Burglary - South Carolina

    An arrest warrant is valid anywhere.

    I'm not sure what your next question means. If there is probable cause that he entered the building without consent with intent to commit a crime. The particulars (addresses of the building, evidence that he was there) come out in due course.

    It matters NOT where he was picked up...only where he committed the crime.

    This is a serious charge. You need to be looking for lawyers.

  3. #3
    Join Date
    Feb 2011
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    3

    Default Re: 3rd Degree Burglary - South Carolina

    He was arrested at property A which is the property that he entered without permission.

    The verbiage of the charge is that he entered property B. he has never seen property B in his life, let alone entered it without permission.

    Does this clarify what I'm asking?

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: 3rd Degree Burglary - South Carolina

    Yes, and the warrant may be invalid or it may be deemed by the judge to be an honest mistake that can be corrected without influencing your step son's chances.

    Want to know which way the case will go? Ask your stepson's attorney... or, better, ask your stepson after HE talks to his attorney.

  5. #5
    Join Date
    Sep 2010
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    19,482

    Default Re: 3rd Degree Burglary - South Carolina

    The warrant means little now unless something was discovered AFTER he was in custody. What matters now is what is testified to in court and what is presented in evidence. He absolutely needs a lawyer when up against felony charges. We don't know and you can't express enough detail for us to give you any further information.

  6. #6
    Join Date
    Feb 2011
    Posts
    3

    Default Re: 3rd Degree Burglary - South Carolina

    I appreciate it, Ron.

    Yes we are actively seeking counsel, but I want to go with as much information as possible to give the lawyer the best possible chances at defense. I wasn't brought up with the idea that someone will do a better job than myself in collecting the data.

    With you concurring with my initial idea that the warrant MAY be invalid now it gives me the purpose to continue on my validation of the data. Thank you.

    In my step-son's defense, he is not a career criminal nor is he a thief. He merely lacks the intelligence to stand up for himself and is easily influenced. He was not alone when he was arrested. The co-defendant is quickly becoming a career criminal and we advised him (step-son) multiple times prior to this event to cease any and all contact with this person but @ mid 20's...he's hard-headed as most of us were at that age. He has to make his own choices.

  7. #7
    Join Date
    Feb 2011
    Location
    Myrtle beach
    Posts
    2

    Default Re: 3rd Degree Burglary - South Carolina

    Has he been released on bail yet?
    If he is out, sit down and talk to an attorney asap.
    He needs to request a preliminary hearing if he is still able to.

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