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Timothy C. Kulp
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Timothy Kulp’s Answers

9 total

  • A old charge is showing up as a felony

    back in 2011 i got into some trouble. the charge was dropped to a misdemeanor. but i checked my sled background and its showing up as a felony. what can i do? i was getting it expunged

    Timothy’s Answer

    I practice in South Carolina and am one of six board certified criminal trial advocates in the state so let me give this a shot. I don't answer questions about other state's laws.
    Sentencing sheets contain a space for what we refer to as a "CDR" code. A listing of all of these codes is available on the SC Supreme Court website. (If you google "sc judiciary" you will see it. When there, surf through the links to the page for these codes.)
    What may have happened is that whoever prepared the sentencing sheet listed the wrong CDR code.

    Or, what may have happened is that the CDR code for the offense of the indictment was listed at the top right hand corner of the sheet, yet the offense you pled to noted a different, accurate CDR code.
    That's when it gets complicated and potentially requiring that you formally address this with the help of a lawyer-either the lawyer who represented you then or a lawyer in that area of South Carolina. We have many.

    The complication that arises is that when the state police, SLED, is directed to expunge your record of arrest for the original charge, they refuse to do so because your sentencing sheet still has the CDR code for that offense on it. But that sentencing sheet absolutely has the correct CDR code for the offense you pled to.

    I have heard of this happening. It doesn't even make good nonsense. You didn't pled to the original charge. That charge is no longer pending. It might even be the case that the original charge, if a prosecutor sought to pursue it, would be prohibited by double jeopardy considerations. All in all, that original charge is dead.

    Fixing it if this is the case.
    You should go to the courthouse or write there, and secure copies of the sentencing sheet. Obtain a copy of the expungement order from your old attorney. Write SLED and ask for an explanation. If SLED's answer is that the CDR code is the issue, seek a lawyer's advice about suing them.

    Unfair and wrong.
    Good luck.

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  • How do we know if an bench warrant has been issued for our son. The Clerk of Court is not responding.

    He missed court appointment in March Requested a re-opening of the trial a week later, Clerk of court said he would be contacted. We moved in the meantime and have our mail forwarded. But never heard of them.

    Timothy’s Answer

    I assume this regards South Carolina. You can check county clerk public records at the following site on the web. Go to the pull down list at the bottom left of the page and make inquiries from there. Find his case by name and then click on the tab for full report which should contain an entry for a bench warrant if one was issued. Good luck. http:/www.judicial.state.sc.us”

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  • I received my first DUI. I had lost got lost and found my way back. Stopped at a bar 2 have a drink just to relax a min.

    Spoke with the barmaid, listened to some music, and played video poker. While playing the machine and talking to a customer next to me the barmaid approached me and said some people do not like other people talking to them while they are playing....

    Timothy’s Answer

    Please see my Web site www.kulplaw.com.
    I specialize in criminal trial advocacy here in the tri-county area and have handled thousands of DUI cases as a prosecutor and defense lawyer.
    Your description of your case immediately raises several salient defense issues that I am happy to review with you.
    I am happy to meet with you at no cost nor obligation.
    Please call tomorrow.
    Thanks, Tim Kulp

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  • DUI without driving, but walking back to my motorcycle?

    I passed some cops and parked a block away from them and went into a local bar. Ten minutes or less later, I come out to find them by my motorcycle. He asked for license and reg. and told me that I was revving the engine when I rolled by them. He...

    Timothy’s Answer

    Interesting factual situation. I would imagine that the prosecution would have a hard time establishing that you consumed alcohol prior to entering the bar unless you confessed to doing so. That would raise other issues.
    However, our law here is SC, like most, does not criminalize prospective conduct. There is no offense of attempted DUI. I see you are in Mt. Pleasant. A lot can be explained if that is where you were arrested. Again if so, talk to a lawyer asap and do not speak to the prosecutor about your case inasmuch as any prosecutor should caution you against speaking with him or her. But that is not always the case. While not offering legal advice here, I would imagine that most criminal defense lawyers would wonder where the probable cause was.
    Good luck.

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  • I was outside of my car and the keys were in my pocket and I got a DUI. Does that make sense?

    I was drunk and had pulled my car over to the side of the road and hit a rut. Then I got out. Eventually I tried to flag down a car to get some help. It was a police officer. He gave me a sobriety test which I said I didnt want to take cause I was...

    Timothy’s Answer

    There must be proof of driving. Considering the notion of proof of corpus delicti, (a person cannot be convicted upon their admission alone), there must be some other proof of driving. From a jury pitch perspective, you shouldn't be punished for doing the correct thing-ceasing to drive. There is no requirement that you submit to field sobriety tasks. These “tasks” are subjectively graded and are rarely applied consistent with the requirements for standardized field sobriety tests promulgated my the National Highway Traffic Safety Administration.
    I practice in this area. My blog is duicharleston.com. Feel free to contact me or another lawyer to discuss your case. As well, I see that you denying driving to the officer. Therefore, what the evidence of proof of you driving?

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  • I was outside of my car and the keys were in my pocket and I got a DUI. Does that make sense?

    I was drunk and had pulled my car over to the side of the road and hit a rut. Then I got out. Eventually I tried to flag down a car to get some help. It was a police officer. He gave me a sobriety test which I said I didnt want to take cause I was...

    Timothy’s Answer

    There must be proof of driving. Considering the notion of proof of corpus delicti, (a person cannot be convicted upon their admission alone), there must be some other proof of driving. From a jury pitch perspective, you shouldn't be punished for doing the correct thing-ceasing to drive. There is no requirement that you submit to field sobriety tasks. These “task” are subjectively graded and are rarely applied consistent with the requirements for standardized field sobriety tests promulgated my the National Highway Traffic Safety Administration.
    I practice in this area. My blog is duicharleston.com. Feel free to contact me or another lawyer to discuss your case.

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  • I was outside of my car and the keys were in my pocket and I got a DUI. Does that make sense?

    I was drunk and had pulled my car over to the side of the road and hit a rut. Then I got out. Eventually I tried to flag down a car to get some help. It was a police officer. He gave me a sobriety test which I said I didnt want to take cause I was...

    Timothy’s Answer

    There must be proof of driving. Considering the notion of proof of corpus delicti, (a person cannot be convicted upon their admission alone), there must be some other proof of driving. From a jury pitch perspective, you shouldn't be punished for doing the correct thing-ceasing to drive. There is no requirement that you submit to field sobriety tasks. These “task” are subjectively graded and are rarely applied consistent with the requirements for standardized field sobriety tests promulgated my the National Highway Traffic Safety Administration.
    I practice in this area. My blog is duicharleston.com. Feel free to contact me or another lawyer to discuss your case.

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  • What Happens if you fail pretrial intervention

    was charged with simply possession of marjuana resisting arrest and open container, in 2007. I had a chance to complete the PTI program but, I failed my last drug test, I will be starting nursing school soon and need to get this off my record. Rig...

    Timothy’s Answer

    You need to contact a criminal defense lawyers as soon as possible. Your lawyer would most probably quickly pursue acquisition of the following information:
    -Has a bench warrant been issued for your failure to appear at a court appearance scheduled after your termination from the program (if you have been terminated). What information have you received from the PTI program regarding your positive drug test? Have you changed your mailing address?
    -Is there any possibility that PTI might reaccept you into the program to complete it?
    -While a prosecutor's decision to place a person in PTI in SC is discretionary, the validity of your drug test should be examined. Rarely are urine samples sent for confirmatory testing due to the expense. Therefore, all initial screens are “presumptive” tests. Misreading and cross-contamination must be excluded.

    Lastly let me say this. You must be on guard to challenge a prosecutor's assertion that to have been referred to PTI to begin with, you had to enter a guilty plea and that having been bounced out, sentencing is your only option. Not only is this against the concept of PTI itself (to avoid a conviction), but the PTI statute addresses this as well.

    You do not want to be arrested on the street for a pending bench warrant if you are pulled for speeding or are rear-ended. You should seek the advice of a lawyer immediately.

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  • How should i reschedule my court date or get my PTI moved to August when I will be in state again.

    I live in IL but was recently arrested for shoplifting in SC. I go to school here but will be leaving for the summer in less than 10 days. How can i get my court date moved to August or my PTI program postponed until I will be in state again?

    Timothy’s Answer

    First, you should check on the terms and conditions of your release. Even for minor criminal offenses, there may be a requirement that you do not leave the state. Sounds like you have already explored or have been offered participation in the PTI program. If so, you should contact that program regarding your concerns. They may work with your schedule, or there may be a complimentary program that PTI here would accept there allowing you to finish any requirements during the summer. I assume you do not have a lawyer, but you should seek a lawyer's advice. You must not have a prior record or PTI would not be an option. Point is, successful PTI allows for dismissal of the charge and expungement. As young person here in the age of information as a commodity, you should take all steps to preserve your status.
    You should also double check with the prosecutor of that court or the court itself for special permission of leave, once PTI is on board, to avoid any issues or penalties for violations of the terms of your bond. That could subject you to arrest on a bench warrant requiring you to be held until brought before the court issuing that warrant.

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