A common part of the bond court proceeding for any CDV arrest is an order that the defendant and the alleged victim can have no contact. This can be violated by e-mails, phone calls, in-person meetings or text messages. Violating the no contact bond can result in a thirty day jail sentence per occurrence. There are no automatic waivers for those who have children or must work together. There are procedures available have the no contact order lifted, but it always requires getting a judge's approval. This is the fastest way to ruin your chances at success in a CDV case, and police are always on the lookout for potential bond violators.
Thinking It Will Just Go Away
Many people think that if they ask the police or court will simply dismiss a CDV case. This is not true. There is a statewide "no drop" policy that applies in South Carolina. This rule prohibits police or prosecutors from simply dismissing a CDV case at the request of an alleged victim. This rule does not keep a CDV from being resolved in other ways, such as by being found not guilty after a trial.
Going to Court Without Consulting With a Lawyer
Many people don't know what to do after being arrested for CDV, and they go to Court expecting to receive some guidance. Unfortunately no one there, including the police, prosecutor, or judge, is allowed to provide legal advice or tell you how to proceed with your case. People that go to Court alone can find themselves being pressured into pleading guilty, or being declared guilty by the judge, without ever having a fair opportunity to defend yourself. There are legal strategies that are available to everyone charged with CDV that can help avoid a conviction, especially in cases where someone has been falsely or unfairly charged. The best way to ensure that your legal rights are protected is by consulting with an attorney before your court date.
Additional resources provided by the author
The Law Office of James R. Snell, Jr., LLC, defends people charged with CDV throughout South Carolina. Free. Our website also contains more information about South Carolina CDV law.
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