Hello,
This answer was by 30+ years as a criminal defense attorney. “A city cannot enact laws which conflict with state law,.”
Does anyone know the law that supports this and any supporting cases?
Thank you.

Best answer:

Answer by Stuart H
Not in South Carolina. The city of Myrtle Beach passed a law to require all motorcycle riders to wear helmets. The state law only requires riders under 16 to wear helmets. The Myrtle Beach law was recently declared unconstitutional by the state supreme court.

What do you think? Answer below!

Question by Chloe: HELP LAW PEOPLE! What is the difference between a “prosecuting attorney” and a “deputy prosecutor”?

Are they the same? If not, why?
Do you know of a website that explains further? I’m considering hiring a former deputy prosecutor as a criminal defense lawyer. Thank you.

Best answer:

Answer by Thomas T
It probably makes no difference at all. From the attorney’s prospective one may have been paid more than the other. But your choice of defense attorney should include other factors including length of time as an attorney, number of trials, extent of office support, paralegals and back-up staff, etc. You can not really judge by rate of “success” since that is a rather elusive criterion and is itself subject to a multitude of factors.

Give your answer to this question below!

Question by Sara M: Does the prosecution ever drop charges based on the criminal defense attorneys “answer”?

I have been accused of a crime based on a false allegation of abuse. There is absolutely no evidence other than the accusers testimony. Does the DA ever just drop the charges right before going to trial based on lack of evidence etc?
Thanks for your responses. Here is the deal, the accuser did in fact accuse someone else of the same thing and that person is going to be a witness on my behalf. My lawyer still hasn’t “listed” that person as a witness and it seems to me that if the prosecution knows that they might be more keen to drop the charges. I feel like my lawyer might be stringing it along so he makes a bigger fee (k in this case). If he gets it dropped do I still owe them that? This is the body of an email exchange we had just today regardgin this:
Anything happen yesterday?

I’d like to get Joe listed as a witness…I know you have been planning on doing that since you met with him several months ago. I want the prosecutor to have to interview him so he can see what a bunch of horseshit this is.
Let me know if I need to do anything to expedite that.
his response: Set for feb 14th status;
When I file my answer, Joe will be named and interviewed

Best answer:

Answer by Heather Mac
It is not unheard of for a prosecutor to drop charges prior to trial if they feel the evidence is just not there. However, it is very rare for them to do so in an abuse case. Often they feel that the accuser’s testimony is enough evidence.

Know better? Leave your own answer in the comments!

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