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  1. #1

    Unhappy Disorderly Conduct Charges After DV Arrest

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

    My friend's wife was recently charged with assault and battery (3rd degree) and disorderly conduct. The issuing officer did not give her the ticket for twelve hours after the incident occurred. He/She also delivered it to my friend and not to his wife. Their neighbor is constantly harassing them that she is the one that pressed the charge. Is any of this legal? Aren't the police supposed to issue the ticket (for the fine or charge) at the time of the incident? If so, then how did this officer get away with waiting so long in handing out the ticket? For that matter, how do we know that there was an actual incident that occurred here? I say this due to the fact that the couple both suffer from mental afflictions and this 'event' is affecting them in adverse ways.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Unsure of Disorderly Conduct Decision

    They have until the statute of limitations expires to file charges/issue a citation for a criminal matter. Yes, he probably should have given it directly to your wife but that won't ultimately affect your case any. It would probably be considered proper service since he gave it to her husband. They are free to raise any issues they wish in their defense should it go to trial. A consult with a local criminal defense attorney would not be a bad idea at this point.

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