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  1. #1
    Join Date
    Nov 2019
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    3

    Default Police Lied to the Solicitor and Judge

    My question involves criminal law for the state of: South Carolina.
    My son spent two months in a local county jail. He was on drugs, and broke into a closed business. He was under the influence of drugs and only broke the window and a glass case. There was also an investigation going on at the same time in another county. His attorney and the deputy solicitor were made aware of the investigation. The detective in the other county said that no warrants had been issued for my son, and if they were it might not be for burglary, it would possibly be for receiving stolen goods. So, he went to court and the judge was made aware of the investigation. The deputy solicitor said that he didnít feel like the other county was going to pursue charges. The judge sentenced him to 5 years probation, restitution for the window, and he must complete a drug rehab program. This was also placed under the youthful offenders act, and would come off of his record after he completed everything.
    The week after he was released, he checked himself into a rehab facility. Three weeks later, the other county has charged him with 1st degree burglary and conspiracy. He is in rehab and doesnít know any of this. I have spoken with the deputy solicitor and he says this doesnít make his office look good, since he was under the impression that at the most it would be receiving stolen goods. His attorney was going to contact the judge, but I havenít heard from her due to her being in court this week.
    I feel like I have been slapped in the face, and he is under the impression that he has been given a second chance to make something out of himself. I need advice on how to handle this. The deputy solicitor said that my son has a good defense case due to the detectives statement. Please help.

  2. #2
    Join Date
    Jul 2010
    Posts
    7,789

    Default Re: Police Lied to the Solicitor and Judge

    If the detective said "might not" and "possibly", he may not have been lying. That might have been his understanding of where things were headed and something changed. Even if he did lie, I'm not sure how it makes things worse for your son. He was given a lenient sentence on the first set of charges and is working on cleaning himself up. He's just going to have to deal with the other mess he made for himself. He was going to have to that anyway since the detective's alleged statements inferred there would be a charge of some kind.

    There isn't anything you can do on this. It's up to your son's attorney.

    I don't see why the deputy solicitor is getting pissy. He acted based on the information he had. He got a win either way. I also don't see how he figures the detectives statements in any way help your son.

  3. #3
    Join Date
    Nov 2019
    Posts
    3

    Default Re: Police Lied to the Solicitor and Judge

    The detective has also charged two others with the same charges. She also gave a false statement to one of the others family, saying that my mother handed over a video of their daughter robbing the house. The solicitor isn’t acting pissy. The judge is a circuit court judge, and he wanted all of the charges upfront and tried at the same time.
    The detective also lied and said she only spoke to me as a parent. She asked me to identify two males that I had never seen before. She also said my son helped in the investigation and she couldn’t connect him to any robbery. I understand that we all must face the consequences for our actions, but so should the police. She has lied so much that my parents are getting threats. It’s hard to watch a snake with six heads. While you are looking at one, they are biting you in the butt with the other one.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,219

    Default Re: Police Lied to the Solicitor and Judge

    The detective is not the one who ultimately decides on the charges; that is done by the DA.

  5. #5
    Join Date
    Jul 2010
    Posts
    7,789

    Default Re: Police Lied to the Solicitor and Judge

    The police are allowed to lie. Without context it's hard to say but the statements you have described are the kinds of things police tell suspects to get them to confess or provide information.

    Was the other county even in the same circuit? The solicitor is being pissy. He spoke in court based on assumptions and it bit him in the butt. If the detective said to him what you claim, he was a fool to tell the court wasn't going to pursue charges without talking to that county's solicitor first.

  6. #6
    Join Date
    Nov 2019
    Posts
    3

    Default Re: Police Lied to the Solicitor and Judge

    You are exactly right, but the police report only list one person who went into the house. I have the utmost respect for police officers. My cousin died in the line of duty, and another had his arm ripped off by someone on bath salts. This detective flat out lied to all of us, and now her lies are the cause of the threats toward my parents.

    It is him the same circuit, and I have a copy of the email from the detective to the solicitor. This investigation started in August. It is now November and my son was in jail all of September and October. Things do not add up. Including saying that my son was driving his car that is lime green. He has not driven that car since April. It has been locked up due to his drug issue.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Police Lied to the Solicitor and Judge

    The detective has no control what a prosecutor, especially in a different area, does regarding a prosecution. A judge doesn’t either so some judge wanting it all of any possible charges at one time is irrelevant. The da files charges when they believe they are warranted and they have adequate belief they will be upheld in court.

    if your son has a valid defense, he will get to present it in court during the trial. What the detective said is not any sort of defense. In fact it’s meaningless. Not being involved and able to prove it is a defense.

    as to the statement about only one person entering the building; how would the detective know? Unless he was actually there, he can’t possibly know with any certainty.

  8. #8

    Default Re: Police Lied to the Solicitor and Judge

    Quote Quoting jk
    View Post
    . . . The da [sic] files charges when they believe they are warranted and they have adequate belief they will be upheld in court. . . .
    Perhaps you have overlooked the fact that according to the OP the two counties are in the same Judicial Circuit of which there is but one Circuit Solicitor. Being such it might be that one hand is not aware of what the other is doing.

    And since both "hands" or deputy solicitors function under the auspices and at the pleasure of the same Circuit Solicitor it is that person that the boy's attorney needs to seduce not a judge.

  9. #9

    Default Re: Police Lied to the Solicitor and Judge

    In the south, particularly, more than one county may be in a circuit, but each county has its own prosecuting attorney, so completely different jurisdictions as far as prosecutors go.

  10. #10

    Default Re: Police Lied to the Solicitor and Judge

    Quote Quoting doucar
    View Post
    In the south, particularly, more than one county may be in a circuit, but each county has its own prosecuting attorney, so completely different jurisdictions as far as prosecutors go.
    I'll make you a small wager that you can't point to any provision in the South Carolina Constitution or South Carolina's Code of Laws wherein there is any mention or reference to "each county having its own prosecuting attorney" or the election or appointment of a county prosecuting attorney and/or district attorney.

    Conversely is the following: (All emphasizing mine)

    "Criminal Prosecution Division
    The South Carolina Constitution designates the Attorney General as the Chief Prosecuting Officer for the State, and along with the sixteen Circuit Solicitors, the Attorney General is responsible for the prosecution of all criminal matters within the South Carolina judicial system. The majority of cases prosecuted by the Attorney General are referred by the local Solicitors. . . . " http://www.scag.gov/criminal-prosecu...#ixzz66n9sjnH2


    South Carolina Constitution

    ARTICLE V

    ß 24. Law enforcement officials, prosecutors and administrative officers; Attorney General.

    . . . in each judicial circuit a solicitor shall be elected by the electors thereof. All of these officers shall serve for terms of four years and until their successors are elected and qualify. The General Assembly shall provide by law for their duties and compensation.
    _____________________

    South Carolina Code of Laws

    ARTICLE 3
    Solicitors, Assistants, and Investigators

    SECTION 17310. Number, election and terms of solicitors.
    There is one solicitor for each judicial circuit, to be elected by the qualified electors of the circuit, who holds his office for the term of four years. . .


    SECTION 17405. Appointment of assistant solicitors, investigators and secretaries.
    Each solicitor may appoint as many assistant solicitors, investigators and secretaries as he deems necessary and whose salaries are provided by the counties of the circuit in which they serve. They shall serve at the pleasure of the solicitor and shall have such responsibilities as he directs.

    SECTION 17406. Fulltime assistant solicitor and investigator for each judicial circuit.
    Notwithstanding any other provision of law, each judicial circuit of this State, in addition to its other assistant solicitors, shall have one assistant solicitor and one investigator who shall be fulltime employees. Such assistant solicitor and investigator for each circuit shall be appointed by the solicitor of that circuit, shall serve at his pleasure and shall have such responsibilities as the solicitor directs.

    In addition Sections 17440 thru 17530 permits the solicitors of the various and certain 16 Judicial Circuits to appoint assistant solicitors AND where appropriate "in which county of the circuit such assistant solicitors shall perform their duties." (See: Section 17460)

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