Under South Carolina law those convicted of CDV have a right to appeal their case. Appeals from CDV 1st convictions obtained in the Magistrate or Municipal Court are taken to the Court of Common Pleas. Convictions for CDV 2nd, 3rd or DVHAN are taken to the South Carolina Court of Appeals.
In order to appeal a CDV conviction it is important to ensure that the Court is promptly notified. There is a very short time limit to have this paperwork filed. Once the appeal is filed the next step is to obtain a copy of the transcript of the original proceeding as well as copies of any evidence introduced in trial. A review is made for legal errors during the process.
If the appeal is successful it may result in the conviction being overturned or the case being remanded back to Court for a new trial. It generally takes several months to complete an appeal at the level of Common Pleas and more than a year to complete one at the Court of Appeals. If your conviction is overturned you are eligible to have your criminal record cleared and any fines paid refunded to you.
If you have been recently convicted of CDV and are interested in the possibility of appealing your case you may contact my office at 1-888-302-5840 for a review of your case. Because of the short time window to appeal you are encouraged to call for an appointment as soon as possible.
