Inmate Services
Administrative Law Court
The Law Office of Tommy A. Thomas, has been successful in preparing and presenting briefs to the Administrative Law Court in an effort to assist inmates in making sure there liberty interests are protected while incarcerated in the South Carolina Department of Corrections.
The purpose of the Administrative Law Court is to provide a neutral forum for fair, prompt and objective hearings for any person affected by an action or proposed action of certain agencies of the State of South Carolina.
If you feel that your incarcerated family member has an issue that needs to be addressed through the Administrative Law Court, please contact my office to discuss your situation.
Post Conviction Relief Action/Appeal
Your criminal case does not have to end after you are convicted. There are avenues available to determine if something was done improperly during your plea or trial. If you feel you were mis-advised by your attorney, or if you feel that the Judge made an error in your case, you may have grounds for a direct appeal and or Post Conviction Relief. The Law Office of Tommy A. Thomas can help you appeal your conviction. Both Appeals and Post Conviction Relief are barred by a statute of limitations. If you are interested in discussing this in more detail, please contact us immediately so that you do not miss an important deadline.
Appeal: Your first option to consider when you want to challenge a criminal conviction is a Direct Appeal. Direct Appeals are based on errors of law. The Law Office of Tommy A. Thomas has the experience to find errors with your case and then pursue an appeal on your behalf. There is a statute of limitations when filing an appeal, so time is of the essence.
Post Conviction Relief Action: Your second option to consider is a Post Conviction Relief Action. This brings into question the effectiveness of your original trial lawyer in presenting your case. The Statute of Limitations is one year from your conviction. However, if you have newly discovered evidence, you may file a Post Conviction Relief Application within one year of any newly discovered evidence. Newly discovered evidence is any new evidence that comes forward that was not available or disclosed during your original proceedings
Detainer Resolution
It is important that an inmate contact their caseworker to see if he has any Detainers pending. A detainer is an indication that the inmate has a charge that has not been taken care of yet. It could be listed as a hold, wanted, or open arrest. It is very important that a detainer be taken care of while the inmate is still incarcerated to save him or her from having to do additional time, once he has maxed out or made parole on his current sentence. Please contact my office to discuss these detainers and a fee will be quoted to assist you getting them taken care of.
Expungements
An Expungement is an order for the destruction of your arrest record. The law regarding Expungements was modified on June 2, 2009. Any charges that were dismissed, nol prossed or you were found not guilty can be taken off of your record. You no longer have to pay a $150.00 Solicitor fee to have these charges taken off of your record. However, if any charge was dismissed, nol prossed or not guilty as part of a plea bargain, you are now required to pay a $250.00 Solicitor fee, a $35.00 Clerk of Court fee and a $25.00 RAP sheet fee.
Certain charges that you have been found guilty of are also expungeable. Please contact my office for a list of expungeable charges and to discuss your situation.
Pardon
Pardon means that an individual is fully forgiven from all the legal consequences of his or her crime and conviction including the punishment, whether imprisonment, fine, or whatever penalty is provided for by law.
Eligibility:
For probationers: Probationers can be considered any time after discharge from supervision, provided all restitution and collection fees have been paid in full.
For parolees: Parolees can be considered:
- Any time after successfully completing five years under supervision
- Any time after the discharge date and after successfully completing the maximum parole period, if less than five years
- Provided all restitution and collection fees have been paid in full
For persons discharged from a sentence: These individuals can be considered any time after the date of discharge, provided all restitution and collection fees have been paid in full.
For Inmates: Inmates may be considered any time prior to becoming parole-eligible upon proof of the most extraordinary circumstances. The Board will decide, based upon the application and findings, whether the evidence demonstrates such circumstances. All restitution and collection fees must still be paid in full.
For inmates with terminal illness: These inmates may be considered any time after they are afflicted with a terminal illness with a life expectancy of one year or less. The Board will decide, based upon the applicant and finding, if the evidence demonstrates a condition that meets this criteria. Two separate doctor's statements documenting life expectancy must be attached to the application. All restitution and collection fees must be paid in full.
In all of the above cases, the Board's decision shall be the final determination of pardon eligibility.
Parole
If you have a family member or friend in prison it is important for you to consider having an experienced attorney represent them at their parole hearing. An attorney can point out the circumstances surrounding the crime as well as prepare the inmate and family as to what to say at the hearing.
I have been representing inmates who come before the Parole Board for over 27 years. Over the past several years it has become increasingly more difficult to obtain parole. It is my goal to give my parole clients the best possible opportunity when the time comes for them to appear before the Board.
Please contact my office with any questions you may have. My staff and I will be glad to discuss your particular situation with you.
Probation or Parole Revocation
If you are under Probation or Parole Supervision and are worried that you may be revoked, it would be extremely beneficial for you to have an attorney at your Administrative hearing as well as your Revocation hearing. I have been successful in getting supervision continued for several of my clients, which gives them the chance they need to be successful with their supervision and remain out of Prison.
If my office can be of help to you, please contact us. We will be glad to discuss your particular situation with you and help you formulate a plan for your hearing.
Case Reviews
If you would like for me to review your case, I would be happy to do so. In many situations, I need to first review your case to determine what avenues you have available to you. I typically review cases prior to accepting Post Conviction Relief cases. I also review cases where an inmate does not feel he is getting the proper credits regarding his sentence. Please contact my office if you fee that you situation warrants a review.
Hardship and County Transfers
Hardship: We assist inmates who desire a hardship transfer. It is important that the inmate obtain the proper paperwork from his family prior to his annual review, so that he can submit it to his case worker. If this step is not taken, there is nothing that we can do to assist in facilitating a transfer. Proper paperwork consists of:
- If the inmate has a family member, that is an approved visitor, who has a medical condition that makes it hard for them to travel to the current institution, this family member needs to obtain a letter from their doctor indicating the medical condition and the fact that it is a hardship for that person to travel a long distance.
- If the inmate has a family member, that is an approved visitor, who is over the age of 65 and travel to the current facility is difficult, that family member needs to make a copy of his or her driver's license or birth certificate and write a letter indicating the hardship.
- If the inmate has young children on his approved visit list, a letter may be obtained indicating it is a hardship for the children to travel to the current institution. This letter may be from the Mother of the children.
- Letters from others such as an attorney, pastor or social worker are also accepted if they indicate a valid hardship. These letters must be on appropriate letterhead.
Getting transferred to a different institution, closer to your loved ones, or into your correct custody level is always beneficial. In order to be eligible to request a hardship transfer, you need the proper paperwork listed above, as well as meet the disciplinary criteria, which includes one year without a major disciplinary conviction. Please contact my office to discuss a hardship transfer.
County: We also assist inmates who want to be transferred to a County Facility. Inmates must remain disciplinary free if they want to be considered for a County Facility. You must be within seven (7) years from your max-out date to be eligible. Please contact my office for a list of Counties and jobs currently available.