Regarding South Carolina Code 16-25-20
In 2005 even though he was living out of state, my friend was charged with a misdemeanor harassment charge in South Carolina. SC has no statute of limitations.
In 2006, on a completely unrelated charge in Oregon, he plead "No-Contest" to misdemeanor DV assault and misdemeanor violation of a restraining order. Afterwards completing a probation period and court ordered DV classes as well as the payment of court fines.
Now the 2006 case is closed, however, the 2005 case warrant will need to be resolved. It has not been because of finances to hire an attorney in South Carolina. Also, he has not been to South Carolina since before 2005. (Charges were claimed based on supposed telephone calls and emails)
So that's the history, the question is that under South Carolina Code 16-25-20 it states minimum sentencing for 1st and 2nd and 3rd offenses on "Household Members" for domestic violence. Possibly upping the misdemeanor phone harassment charge to a felony.
-He was not living with either party in the 2005 or 2006 case, though he had lived with the 2005 case previously in 2004. Would that be considered a "household member"?
-Recently legislation has been put forth to redefine "Household Member" as somebody who was or is in an intimate relationship. Would this redefinition of the term "Household Member" be considered ex post facto, and not relevant since the 2006 "victim" never co-habitated? Or would the legislation be considered a clarification of the term "Household Member" and thus the 2006 No Contest plea could be used to up the 2005 misdemeanor charges to a felony?
-Having not been in the state since before the 2005 charges were filed, and having a job and obligations, can he have an attorney represent him from a distance?
After years of dysfunctional relationships he has sought therapy and turned his life around. However, this warrant still needs to be resolved. The state will not extradite, but having an outstanding warrant is not good and he would just like to put the issue behind him permanently without facing a felony. Thanks for any advice.
In 2005 even though he was living out of state, my friend was charged with a misdemeanor harassment charge in South Carolina. SC has no statute of limitations.
In 2006, on a completely unrelated charge in Oregon, he plead "No-Contest" to misdemeanor DV assault and misdemeanor violation of a restraining order. Afterwards completing a probation period and court ordered DV classes as well as the payment of court fines.
Now the 2006 case is closed, however, the 2005 case warrant will need to be resolved. It has not been because of finances to hire an attorney in South Carolina. Also, he has not been to South Carolina since before 2005. (Charges were claimed based on supposed telephone calls and emails)
So that's the history, the question is that under South Carolina Code 16-25-20 it states minimum sentencing for 1st and 2nd and 3rd offenses on "Household Members" for domestic violence. Possibly upping the misdemeanor phone harassment charge to a felony.
-He was not living with either party in the 2005 or 2006 case, though he had lived with the 2005 case previously in 2004. Would that be considered a "household member"?
-Recently legislation has been put forth to redefine "Household Member" as somebody who was or is in an intimate relationship. Would this redefinition of the term "Household Member" be considered ex post facto, and not relevant since the 2006 "victim" never co-habitated? Or would the legislation be considered a clarification of the term "Household Member" and thus the 2006 No Contest plea could be used to up the 2005 misdemeanor charges to a felony?
-Having not been in the state since before the 2005 charges were filed, and having a job and obligations, can he have an attorney represent him from a distance?
After years of dysfunctional relationships he has sought therapy and turned his life around. However, this warrant still needs to be resolved. The state will not extradite, but having an outstanding warrant is not good and he would just like to put the issue behind him permanently without facing a felony. Thanks for any advice.
