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Tag Archives: Criminal Domestic Violence

SC gets new domestic violence court

The South Carolina Attorney General's Office is sending one of its attorneys to Batesburg-Leesville once a month to prosecute criminal domestic violence cases. The prosecutor will head to the Lexington County town starting in January to try all first offense criminal domestic violence cases. Currently, whose cases are prosecuted by law enforcement officers.

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Criminal Practice – Magistrate’s Court – Uniform Traffic Ticket — Criminal Domestic Violence – ‘Freshly Committed’ – Not in Officer’s Presence (access required)

State v. Ramsey Where defendant allegedly broke into his estranged wife’s home and injured her hand by trying to take away the phone as she was calling 911, and where all of this happened before police officers arrived, the offense did not occur in the officers’ presence. Therefore, the officers’ issuance of a uniform traffic ticket to defendant for criminal domestic violence did not commence judicial proceedings.

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Criminal Practice – Sentencing – Criminal Domestic Violence – Third Offense – Mandatory One-Year Term (access required)

Nelson v. Ozmint. A defendant convicted of his third or subsequent offense of criminal domestic violence (CDV 3rd) must serve a minimum of one year in prison. The defendant may receive credit for time served, but his sentence may not be reduced by good time or earned work credits.

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