Is there an Attorney in the Horry County area that specializes in CWP Law/CWP Denial Appeals? If not in Horry County, anywhere in the eastern half of South Carolina?
In 1995, in Oceanside, CA, I was placed under "Citizen's Arrest" by my husband (at the time). The Oceanside Police were required by law to assume the arrest initiated by my husband without assessing the facts or evidence of the case, which is what they did. After being booked into the city jail and, then, transferred to the county jail to be held until such time as a decision was made by the prosecutor as to the factual circumstances of the incident and as to whether or not, in his opinion, a crime had potentially been committed and as to the sufficiency of the evidence for the State to bring charges against me. When that time came, a couple days later, the Prosecutor decided that there was absolutely no evidence that I committed any crime at all and that there was absolutely nothing he could even change me with - not even a misdemeanor disorderly conduct, which charge has an extremely low threshold to meet. I was summarily released from the county jail - period. There was no case - no case number - no Judge assigned - no hearing - no disposition of a case (because there was no case of which to dispose) - no follow-up of any kind. I was simply let go and that was the end of it.
About six years ago, I filed an application for a CCP (Concealed Carry Permit) in Ohio, which I received easily and held without incident until moving to South Carolina when such move rendered that CCP invalid. I took the required CCW class for the State of South Carolina and applied for a CCW. Three months later, I received a denial letter from SLED stating that I MAY HAVE BEEN convicted of an assult carrying mandatory jail time in Oceanside, CA, in 1995, but they could not tell for sure so, because they did not know one way or the other, they were denying my application. They went on to state that I would be required to provide them with proof of the disposition of the case before they would issue me a CCW. I am sure you can immediately see the issue with this requirement.
I am searching for an Attorney to assist me with filing and conducting an appeal from the SLED decision to deny my CCP.
I have researched Citizen's Arrest laws/rules/requirements for the State of California both in 1995 and in 2022, which is very clear and very plainly explains the EXACT circumstances of what took place in 1995. I can provide this research to whoever assists me and save them a LOT of time. I am also willing to assist with drafting any letters, Motions, Appeals, etc. that become necessary or required. I have a strong legal background with many years as a paralegal.
Legal Assistance for CWP Law/CWP Denial Appeals in Horry County, South Carolina
The issue of being denied a Concealed Weapons Permit (CWP) due to a past incident can be a complex and frustrating process. It is important to have an experienced attorney who specializes in CWP law and denial appeals. In the Horry County area and the eastern half of South Carolina, finding an attorney that specializes in CWP law can be challenging, but it is not impossible.
One resource that may be helpful is Explore Lawyers, a website that allows you to compare lawyers in your area and find the best lawyers for your specific legal needs. You can search for attorneys in Horry County or anywhere in the eastern half of South Carolina that specialize in CWP law and denial appeals.
Possible solutions from a legal perspective would be to appeal the denial and provide proof of the disposition of the case from 1995. This may involve gathering and presenting evidence to the South Carolina Law Enforcement Division (SLED) that shows that there was no conviction or charges brought against you for the incident that occurred in Oceanside, CA in 1995. It is important to work with an attorney who is knowledgeable in this area and can help guide you through the process.
Below are links to some authorities in South Carolina that may be helpful in this situation:
It is also important to note that legal fees can vary depending on the attorney and the complexity of the case. Below is a table with rates for various legal services in Horry County:
Legal Service | Rate |
---|---|
Hourly Rate | $150 - $350 |
Flat Fee | $500 - $5,000 |
Contingency Fee | 33% - 40% |
Two examples of similar legal issues are:
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A person who was denied a CWP due to a past conviction that was later expunged from their record. The solution in this case would be to provide proof of the expungement to SLED and appeal the denial.
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A person who was denied a CWP due to a mental health issue in their past. The solution in this case would be to obtain a letter from a mental health professional stating that the person is no longer a danger to themselves or others and appeal the denial.
Legal Disclaimer: The information provided above is for general informational purposes only and should not be construed as legal advice or legal representation. No attorney-client relationship is formed by reading or responding to this message. It is important to consult with an attorney regarding your specific legal situation.