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James Thomas

James Thomas

James C. Thomas, Attorney at Law
  • Criminal Law, DUI & DWI
  • Georgia, North Carolina, South Carolina
Claimed Lawyer ProfileQ&ASocial Media

Defense is all I do. My law practice is dedicated to protecting the rights of my clients who are charged with criminal and DUI offenses and working toward the best possible result in their cases. My office is in Spartanburg, and I represent people in various courts throughout Upstate South Carolina. I'm also licensed in Georgia and North Carolina and will take on cases in those states on a select basis. My office address is 184 N. Daniel Morgan Ave., Spartanburg, SC 29306-2321. Call (864) 398-4656 or email to set up an appointment for a free consultation about your case.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Flat fees, payment plans.
Jurisdictions Admitted to Practice
North Carolina
South Carolina
  • English: Spoken, Written
Professional Experience
Adjunct Faculty, Mock Trial Attorney-Coach
University of South Carolina Upstate
- Current
Emory University School of Law
J.D., with Honors (2012)
Honors: Dean's Award in Legal Writing, Research, Appellate Advocacy
Activities: Moot Court Society, Mock Trial Society
Kansas State University
M.A. (2009) | English
University of West Georgia
B.A. (2005) | English
Activities: CEDA/NDT Debate
Pro Bono Publico Medal
Emory University School of Law
Awarded to graduates for commitment to public service.
Dean's Award
Emory University School of Law
Awarded for receiving the highest grade (in my section) for Legal Writing.
Dean's Award
Emory University School of Law
Awarded for receiving the highest grade (in my section) for Legal Writing.
Professional Associations
North Carolina State Bar
- Current
South Carolina State Bar
- Current
South Carolina Association of Criminal Defense Lawyers
- Current
Georgia Association of Criminal Defense Lawyers
- Current
Georgia State Bar
- Current
Speaking Engagements
Argumentation and Debate, University of South Carolina--Upstate
Invited guest lecturer on legal argumentation.
Media, Culture, and Society, Georgia State University
Invited guest lecturer on media law.
Argumentation and Debate, University of South Carolina--Upstate
Invited guest lecturer on legal argumentation.
Legal Answers
7 Questions Answered

Q. I was represented by an Attorney in 1988 on a misdemeanor charge ( SC statute 16-17-430, Illegal use of a telephone )
A: You might want to consider retaining a new attorney to look into this. Your previous attorney might have a conflict in representing you if fixing this problem essentially forces him to admit he screwed up. I don't have enough information to say whether or not that is the case, but you should probably call around to some other attorneys, with all of your documents handy, to see if there are other options short of a full pardon that you might be able to take advantage of.
Q. How does an unlawful communication case go down in court? What are the penalties? Is jail time a likely outcome?
A: The possible penalties for a violation of South Carolina's unlawful communication statute (SC Code 16-17-430) are a fine between $100 and $500 or a jail sentence of up to 30 days. So a jail sentence does not have to be imposed upon a conviction, but it would be wise to retain an attorney to defend against the charge.
Q. What kind of speeding ticket do I have if I Was speeding 89 in a 70 in dalton ga area On i75
A: Georgia will consider that a "Super Speeder" ticket under O.C.G.A. § 40-6-189. If you pay the ticket without going to court or are convicted in court of going that speed, Georgia will assess an additional $200 fee payable to the state above and beyond whatever you paid to the court. You should talk to a local lawyer about the possibility of getting the speed reduced or the charge amended to avoid that extra penalty.
Q. If a person is going to court for the second time for simple battery in a year is it likely they will do time
A: Maybe, maybe not. Sentencing is up to the judge. There's a good chance the first simple battery will factor into the judge's decision and/or the State's recommendation, and whether that amounts to a jail sentence will probably depend on the facts of both cases. If they're on probation for the first simple battery when they allegedly committed the second one, that certainly doesn't look good. They should walk into court with a lawyer rather than on their own.
Q. Is violation of O.C.G.A. section 16-11-61 a registerable sexual offense?
A: If the victim is a minor, I think a conviction for 16-11-61 might require registration under OCGA § 42-1-12 (a)(9)(B)(xi). I would recommend consulting a lawyer who routinely handles cases that might hit Georgia's registry and talking to them about the specifics of your case, because these issues are never as clear as they ought to be.
Q. If the date and time is wrong on an arrest warrant is the warrant invalid?
A: Generally, I'd say no. If the evidence at a probable cause hearing on an arrest warrant supports an entirely different offense, the court can amend the charge to reflect the correct crime rather than the crime listed on the warrant (O.C.G.A. § 17-7-29), and on the same theory, I've often seen them allow amendments to the dates, times, and other parts of the allegations wtihin the warrant as well. There are also a couple of Georgia cases that have addressed the issue and it seems like there really isn't much helpful relief for the defense if the date and time are wrong on an arrest warrant. See Jones v. State, 289 Ga. App. 767 (2008) and Blair v. State, 230 Ga. 409 (1973). If the investigating officer is carelessly making errors like that on arrest warrants though, a good trial lawyer might consider pointing that out to a jury. Whether that's likely to be helpful would depend on the facts of particular case.
Q. My husband is post to turn his self in and do 24 hrs if he didnt turn himself in and they put a warrant out for him
A: Most likely, the jail will see the warrant, contact the issuing agency in Indiana, and verify whether it is a warrant that Indiana will request extradition for. Maybe, maybe not. If not, GA might release. If so, the extradition process will start. Would be smart to engage lawyers in both states.
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Contact & Map
Spartanburg Office
184 N. Daniel Morgan Ave.
Spartanburg, SC 29306-2321
Telephone: (864) 398-4656
Mailing Address
PO Box 201
Spartanburg, SC 29304
Telephone: (864) 398-4656