When is the Right Time to Hire a Criminal Defense Lawyer?

Criminal Defense Lawyer in West Ashley, SC

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If you have been accused and charged with a crime you are in need of a seasoned criminal defense lawyer in West Ashley, SC. Having a skilled and dedicated criminal defense lawyer on your side is key in order to protect your freedoms and to ensure that a proper legal defense is built to shield you. Dealing with legal charges in West Ashley can be a highly distressing ordeal with even minor violations causing considerable impact on an individual's personal and work life. The repercussions of having a criminal record can be severe, leading to loss of employment, severed relationships and alienation from loved ones.

At Theos Law Firm we offer trustworthy legal representation to those who need it most. Our criminal defense team has over 50 years of combined experience and is committed to ensuring our clients maintain their freedom and move forward with their lives. From handling drug-related charges to more nuanced federal cases, sexual misconduct offenses and murder cases, we take a personalized approach to every case. By utilizing cutting-edge legal strategies and decades of combined experience, we provide the best opportunity to achieve the best possible outcomes for our clients.

We help clients overcome criminal charges in a wide range of cases, including the following:

  • Homicides
  • Drug Crimes
  • Juvenile Crimes
  • Sex Crimes
  • Theft Crimes
  • Violent Crimes
  • Misdemeanor Offenses
  • Federal Offenses
  • More

If you are facing one or more of the charges above, it's imperative that you establish contact with a legal advocate ASAP. At Theos Law, you can rest easy knowing our phone line is always open. When your future is up for grabs, let our team of criminal defense lawyers fight for your rights. It all starts with a free consultation at our law firm in West Ashley where we will educate you on the particulars of the charges you're facing and explain the next steps in our representation.

At this point, you probably have many questions in mind. Keep reading for more information on criminal law in South Carolina and some of our criminal defense specialties at Theos Law.

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Understanding Criminal Defense Cases in South Carolina

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In South Carolina, criminal cases are classified into different categories based on the severity of the crime. Generally speaking, offenses that carry a maximum penalty of less than one year are considered misdemeanors. On the other hand, crimes that carry a punishment of more than one year in prison are generally classified as felonies.

State and Federal Criminal Defense Cases in South Carolina

Crimes in The Palmetto State are usually split into three categories: (1) Magistrate or Municipal Level Offenses; (2) General Sessions or Circuit Court State Charges; and, (3) Federal Crimes. Classifications are based on which prosecuting body has jurisdiction to prosecute a particular charge or offense. Regardless of which court your criminal charge is in, the Theos Law Firm has decades of experience protecting individuals from prosecution and assuring that the best possible outcome is achieved.

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The Difference Between Misdemeanors and Felonies in South Carolina

Understanding the difference between a misdemeanor and a felony crime can be challenging for someone facing their first charge. Misdemeanors are generally considered minor offenses, and can result in punishment by incarceration up to one year.

Conversely, felonies are more severe crimes which are punishable by incarceration of more than one year. Those charged with a felony may face significant fines and a prison sentences of over a year in a federal or state institution. Convicted felons may face difficulties after their release such as losing the right to vote and the right to carry a firearm. These penalties make it crucial to have a reliable criminal defense attorney in West Ashley, SC.

Plea Deals in South Carolina

It is not uncommon for legal cases to be resolved without a trial through a plea deal. In order to assure that the best possible plea deal become available it is crucial for your legal defense to properly build your defense and prepare your case for trial. Deciding to represent yourself or not hiring the best legal team will likely result in exposure to unnecessary penalties, fines and jail time.

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When is the Right Time to Hire a Criminal Defense Lawyer in West Ashley, SC?

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At Theos Law Firm, we often receive questions from potential clients about when they should hire a criminal defense attorney for the charges that they're facing. Although each situation and client are unique, there are some common criminal situations to keep in mind. In general, it's always best to reach out to an experienced attorney as soon as you're charged or have been arrested.

Below are some guidelines to help you decide when it's necessary to retain a criminal defense attorney for your case in South Carolina.

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When You've Been Accused or Charged

Thinking about hiring a criminal defense lawyer when you're charged with a crime is a no-brainer for most, and for good reason. Our team of experience criminal defense attorneys can offer assistance with various offenses, ranging from minor crimes to more serious ones such as sexual assault and manslaughter. Regardless of the charges, navigating the legal system can be complex, and without the guidance of an experienced criminal defense lawyer, the situation can escalate rapidly. It is critical that you engage an experienced attorney as soon as possible!


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When Investigators or Police Question You

As you may have observed in movies or television shows, the police might request you to provide a statement, giving the impression that you are not under arrest. Remember, it is within your rights to have a criminal defense attorney in West Ashley, SC, present during questioning, and you should absolutely use that to your advantage. If possible, consult with an attorney before answering any questions or participating in any discussions with law enforcement.


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When Authorities Search Your Residence

In the event that law enforcement officers arrive at your residence with a warrant, it indicates that a judge has determined there is reasonable suspicion that evidence related to a criminal offense is present in your home. Regardless of whether they discover and confiscate anything, it is advisable to seek the guidance of a seasoned defense attorney to discuss the situation and receive assistance in determining any potential charges or locations they may investigate in the future.


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When You Are Wrongly Accused of Committing a Crime

Could you imagine being accused of something you didn't do? When you are accused or charged with committing a crime that you didn't commit defending yourself may seem straightforward but it can be an arduous task to see to it that the charges are timely resolved. It can also feel hopeless and like it's impossible for you to get someone to listen to your side. The truth is that anything you say or do can and will be used against you. To increase your chances of being cleared of charges, it's advisable to have a defense lawyer who can support your innocence and fight for your rights. Criminal defense attorneys at Theos Law don't just listen - we act swiftly and always with your best interests at heart.


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When Your Child Is Involved

The legal system for juveniles in South Carolina is different than it is for adults. It comes with its own complications and hurdles to overcome. If you your child has been accused of a crime it's imperative to get legal counsel swiftly. Failure to do so could be destructive to your child's life, your family or result in a exposure to jail time. Keep reading to learn more about just a few of the most common criminal defense cases we accept at Theos Law Firm.

Criminal Defense for DUIs in South Carolina

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In terms of common criminal offenses in South Carolina, DUIs top the list, especially regarding mindful drivers with clean driving records and no criminal history. Unfortunately for these drivers, a DUI conviction in South Carolina stays on your record and cannot be expunged. Even first-time offenses with a blood alcohol concentration (BAC) of 0.08 percent can be costly. Your insurance premiums go up for years, you may end up paying almost $1,000 in fines and fees, and there's a good chance you'll have to perform community service or serve jail time.

If your breathalyzer test result is more than .15%, you refuse the breathalyzer, or it is recorded as a refusal, your license will be automatically suspended, which complicates matters further. Throw in the possibility of interlock device rental, and your life may never be the same. For those reasons alone, it is crucial to approach such charges with the help of a DUI defense lawyer. At Theos Law Firm, our attorneys have years of experience in successfully fighting these types of charges.

Fortunately, if you or a loved one has been charged with DUI, there is hope. That's especially true if the accused has undergone a breath or blood test for DUI. In fact, cases that involve such tests are successfully beaten every day. At Theos Law Firm, we will thoroughly investigate your DUI case in West Ashley and explore every possible angle to have it dismissed.

To begin that process, your criminal defense lawyer in West Ashley, SC, may seek answers to many questions, including:

  • Was your DUI stop legal? If not, your case could be thrown out.
  • Is there enough probable cause or evidence for an arrest? If there is not, it's possible to file a pre-trial motion for your case to be dismissed.
  • Did officers explain implied consent rights? One of the most common errors police make is failing to take this step.
  • Did the police maintain your BAC and breathalyzer results? Breath testing often comes with inherent weaknesses. This can create doubt in a juror's mind.
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Criminal Defense for Drug Cases in South Carolina

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If you are dealing with drug-related crimes in West Ashley or another city in South Carolina, it is crucial for you to understand the potential penalties involved. Possession of a controlled substance may fall under the category of a misdemeanor, but many drug offenses are considered felonies. Even a minor drug offense conviction can result in long-lasting negative consequences. As such, it's always advisable to explore your options and seek the assistance of a West Ashley drug crime attorney. A skilled criminal defense lawyer can help safeguard your rights and may help achieve a favorable outcome.

One of the most frequent questions we hear at Theos Law is, "What does possession mean?"

Drug charges based on possession in South Carolina are divided into three categories:

  • Simple Possession
  • Possession with Intent to Distribute
  • Drug Trafficking

However, the state also has other drug charges that are not based on the weight of the drugs. These include:

  • Drug Distribution
  • Manufacturing
  • Distribution Near Schools, Parks, or Playgrounds
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Possession-based drug charges in South Carolina are deemed "graduated offenses" with penalties that grow more severe based on the weight of the drugs. It's important to note that the charges can be based on either actual or constructive possession. Contact a criminal defense lawyer in West Ashley, SC, today to learn more about the complexities involved with drug cases in West Ashley and other cities in South Carolina.

Some of the most common drug charges we see at Theos Law include the following:

  • Marijuana
  • Heroin
  • Ecstasy
  • LSD and Hallucinogens
  • Cocaine
  • Meth
  • Prescription Pain Killers
  • Fentanyl
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Can I be Arrested for Drug Paraphernalia in South Carolina?

The simple answer to this question is a resounding "Yes." Drug paraphernalia can refer to various items such as pipes, bongs, syringes, scales, grinders, and rolling papers which are linked to drug usage, preparation, storage, or hiding. Even though some of these items may have legitimate uses, like tobacco pipes or medical syringes, they can still be scrutinized by law enforcement if there is proof of illegal drug use or intent.

Criminal Defense for Assault and Battery Cases in South Carolina

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If you are facing assault and battery charges, it is possible that you haven't actually physically harmed someone. Many people associate assault and battery with brutal beatings, but that is just one example. There are other situations that are less severe than what people typically imagine.

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It's a common misunderstanding that physical injury is required for assault and battery charges. The fines, penalties, and jail time you may face depend on the severity of your charges and the number of offenses. Regardless of the degree of your charges, Assault and Battery is a serious offense that should not be taken lightly. The consequences of a conviction can be life-changing, and as such, your criminal defense lawyer in West Ashley, SC, should work relentlessly to fight the charges being levied against you.

Though this list isn't comprehensive, here are some of the biggest factors that dictate the severity of your assault and battery charges:

  • Age of Victim
  • Severity of Injuries Sustained
  • Size and Weight of Accused vs. Size and Weight of Victim
  • Whether or Not the Victim Presses Charges
  • Whether or Not Weapons Were Involved
  • Whether or Not the Victim's Privates Were Touched

Understanding the Degrees of Assault and Battery in South Carolina

Third Degree

Causing harm to someone or threatening to do so with the ability to carry out the threat can result in a charge of third-degree assault and battery. This misdemeanor offense is typically heard in municipal or magistrate courts and may carry a maximum sentence of 30 days in jail.

Second Degree

Causing harm or making threats to harm someone that results in moderate bodily injury can lead to charges of second-degree assault and battery. Additionally, touching someone's private parts without their consent can also result in charges of assault and battery in the second degree. This misdemeanor offense is heard in General Session court and can carry a maximum sentence of three years in prison.

First Degree

Assault and Battery in the first degree can involve a number of actions such as inflicting an unlawful injury when kidnapping, touching a person's privates "with lewd and lascivious intent," and much more. Contact Theos Law Firm for more info on the degrees of Assault and Battery in South Carolina.

What Client Say About Us

Everyone Deserves a Reliable Criminal Defense Attorney in West Ashley, SC

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At Theos Law firm, we work tirelessly to ensure that our client's rights are not overlooked. Because unfortunately, the rights of everyday citizens are often trampled by law enforcement oversights and legal system failures.

That's why every criminal defense lawyer at our firm works hard to provide guidance and support throughout the legal process by keeping you informed of updates and as comfortable as possible during this trying time. Benefits of hiring Theos Law Firm include:

  • Thorough Knowledge of South Carolina Criminal Law & Procedures
  • Seasoned Legal Representation in the Courtroom
  • Years of Experience Structuring Plea bargains
  • Ability to Identify Due Process Violations
  • Fierce Dedication to Clients & Vigorous Representation
  • Skilled Negotiation Tactics Involved with Bail, Sentencing, Appeals, and More
  • Familiarity with Local Prosecutors

Unlike some criminal defense law firms in South Carolina, our team believes that everyone deserves a great lawyer when their freedoms are on the line. If you or a loved one has been accused of a crime in South Carolina, trust Theos Law to have your back without judgment.

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Latest News in West Ashley, SC

Another 400 apartments, townhomes proposed behind West Ashley grocery store

CHARLESTON — A city board was unable to decide on a development group’s request for conceptual approval to build a six-structure multifamily development in West Ashley, but the discussion made clear that the plans need to go back to the drawing board.An exchange by Charleston’s Design Review Board on Jan. 5, in addition to 81 submitted public comments and several residents who spoke out in opposition, touched on concerns over the proposed Mosby Bees Ferry’s height, design and land use.The project is prop...

CHARLESTON — A city board was unable to decide on a development group’s request for conceptual approval to build a six-structure multifamily development in West Ashley, but the discussion made clear that the plans need to go back to the drawing board.

An exchange by Charleston’s Design Review Board on Jan. 5, in addition to 81 submitted public comments and several residents who spoke out in opposition, touched on concerns over the proposed Mosby Bees Ferry’s height, design and land use.

The project is proposed at 350 Grand Oaks Blvd., off Bees Ferry Road and behind a Harris Teeter supermarket and other businesses in the West Ashley Circle Center shopping complex. It calls for 380 units with 36 townhouses, along with separate garages, a clubhouse and a pool.

“I think even at a height scale and massing, I struggle to support it…,” board member David Meeks said.

No decision was made at Monday’s meeting because developer Middleburg Communities first needs approval from a city zoning board to cut down a number of protected grand trees on the 28-acre property. That determination would impact site design and only then could the project go before the Design Review Board.

But given how many residents weighed in — the applicants waited more than two hours to speak — the city panel was open to discussing the project.

The property has been owned by Bees Resources LP since 1994, according to county land records, and it includes eight acres of wetlands. The site zoned as miscellaneous commercial area.

Middleburg’s proposed apartment buildings would have a maximum height of 55 feet. Plans also call for 589 parking spaces and 25 garages.

Katie Burke, an architect with Cline Design, presented details of the project at the meeting on behalf of the developer. She noted that the “street edge is meant to feel as residential as possible,” with heights increasing inward.

She added the idea is to make a walkable community that will “echo some kind of Lowcountry vernacular” with its design.

Mosby Bees Ferry would back up to Long Savannah Road, the future main thoroughfare for 4,500 homes planned for the neighboring Long Savanna development. More than 20 years in the making, Long Savanna will be broken up into three main parts: a city park, a county park and a 1,200-acre residential area spread over 10 neighborhoods.

Several hundred more homes are planned along a 5-mile stretch of Bees Ferry Road. While traffic was a major feedback theme, the Design Review board said its oversight is limited to the design elements only.

Of the 81 public comments submitted, most focused on concerns that fall outside the panel’s purview. These included land use, stormwater and flooding.

But some noted the buildings felt too tall, and others requested more trees be preserved to serve as buffers. One comment requested better screens for garages and trash cans from the public roadway while another asked the palette of the apartments match the rainbow-hued townhomes nearby.

Frank Ricker, a retired doctor who lives in Grand Oaks, said he moved into the neighborhood because of its “modest” one- and two-level homes and winding roads around ponds and trees.

The Mosby project would require clearing out a huge swath of forest.

“What concerns me is what happens to Charleston. Developers come in … and they just dump these big buildings on us, and these buildings are out of context with the architecture of the rest of the community,” he said.

While congestion was not up for consideration, Ricker said it’s hard to overlook the 400 cars that would add to the already brutal traffic on roads in and around Grand Oaks.

“It’s overdevelopment,” he said.

Charlie Strickland, another resident of Grand Oaks, said he passes by the proposed site almost daily. His said the design does not match the rest of the community that he’s lived in for 20 years.

He asked that the board consider the residents who have to view the project daily, not the developers.

“They don’t live here,” he said.

The board recommended that before returning, the developer review a number of aspects, including strengthening the base of the apartment buildings with a brick water table, adjusting the colors of the pool house, pushing the pickleball courts away from the parking lot to allow for more greenspace and walking paths, and adding more details to the townhome entrances.

Burke did not immediately respond to a request for comment on the timeline on the project.

Vienna, Va.-based Middleburg said on its website that it has acquired, developed and financed more than 32,000 multifamily housing units since 2004 with a total value exceeding $4.5 billion.

Locally, the company built the Mosby Ingleside apartment complex near Interstate 26 and U.S. Highway 78 North Charleston and Hamlet Maybank, a single-family rental community on Johns Island.

Commercial expansion planned for outer West Ashley

New development aims to reduce traffic by bringing retail closer to growing residential areasWEST ASHLEY, S.C. (WCSC) — City officials are moving forward with plans to expand commercial development in outer West Ashley, targeting an area between Bees Ferry Road and Glenn McConnell Parkway.The Charleston City Council approved the first reading of an ordinance Tuesday night for a planned unit development in what developers call “The Wedge” area of outer West Ashley.“The city has really been trying...

New development aims to reduce traffic by bringing retail closer to growing residential areas

WEST ASHLEY, S.C. (WCSC) — City officials are moving forward with plans to expand commercial development in outer West Ashley, targeting an area between Bees Ferry Road and Glenn McConnell Parkway.

The Charleston City Council approved the first reading of an ordinance Tuesday night for a planned unit development in what developers call “The Wedge” area of outer West Ashley.

“The city has really been trying to focus on bringing more commercial development into that area because with Grand Oaks, Carolina Bay, and the Bees Ferry corridor, we feel like there’s enough heads in beds to finally really have a nice commercial component for outer West Ashley,” Karl Brady, Charleston City Councilmember for District 5, said.

Documents show there are 85,000 residential units within a five-mile radius of West Ashley Circle. The area currently has an established Walmart and other services, but Brady said the development aims to fill the remaining section with additional retail and commercial purposes.

The planned unit development proposes three land use districts: the Outparcel District, the Financial District, and the Commercial District. The plan combines general offices and businesses with walkability to existing locations.

Brady said the development addresses the city’s goal of creating work nodes where people can live, shop and potentially work in the same area.

City officials said traffic complaints are the top concern they receive from residents. The commercial expansion aims to reduce traffic along Sam Rittenberg Boulevard and other main West Ashley arteries by bringing grocery stores and other services closer to residential areas.

“The traffic is just getting worse and worse by the day,” West Ashley resident Carter Souris said.

Some residents said they welcome the convenience of closer commercial options despite concerns about rapid development.

“It’s a lot better because then it’s quicker to drive through down here, even though the distanc,e because of how long you’d have to sit in traffic,” Max Lee, another West Ashley resident, said.

The ordinance must complete the regular approval process before moving forward.

Encampment cleared near West Ashley as homelessness rises in the Lowcountry

CHARLESTON, S.C. (WCSC) — A homeless encampment located about a hundred yards off Ashley Hall Road is now being cleared, as outreach workers say it’s part of a growing homelessness trend across the Lowcountry.Personal belongings remain scattered throughout the area, including clothing, shoes, and bedding. Crews with the HOPE Resource Center say the site is currently in the process of being addressed through outreach efforts.The encampment is one of six her organization has worked to address so far this year, reflect...

CHARLESTON, S.C. (WCSC) — A homeless encampment located about a hundred yards off Ashley Hall Road is now being cleared, as outreach workers say it’s part of a growing homelessness trend across the Lowcountry.

Personal belongings remain scattered throughout the area, including clothing, shoes, and bedding. Crews with the HOPE Resource Center say the site is currently in the process of being addressed through outreach efforts.

The encampment is one of six her organization has worked to address so far this year, reflecting what she describes as a broader rise in homelessness across the region, according to Executive Director LaTosha Jenkins-Fludd.

The encampment is located off North Woodmere Drive. Jenkins-Fludd says sites like this often form so people can remain together, particularly families or couples who want to avoid being separated.

A recent state report shows more than 450 people are experiencing homelessness across the Lowcountry, representing an estimated 14 percent increase from last year.

Jenkins-Fludd says those numbers align with what the HOPE Resource Center is seeing firsthand, including noticeable increases in unhoused seniors, women, and children. She says many people living in encampments are dealing with a range of challenges, including eviction, mental health struggles, terminal illness, or transitioning out of foster care.

“Usually when we’re made aware of an encampment, we engage with it using our own outreach specialists here in the City of Charleston,” Jenkins-Fludd said. “We go out and ask people how we can help — whether that’s access to showers, a hot meal, laundry services or case management for housing.”

She added that not everyone is immediately receptive to help, and that the organization works closely with mental health partners to address deeper needs.

The HOPE Resource Center is open four days a week and offers hot showers, a hot breakfast, and case management services. Those in need of assistance are encouraged to reach out for help.

Longtime West Ashley Indian restaurant set to open after 2-year closure

WEST ASHLEY — Two years after an Indian restaurant that was a favorite of locals shut down for a complete remodel and rebuild, it’s finally eyeing a reopening date.The only hold up? The building still needs interior walls and equipment.Balvinder Banga originally expected the overhaul of Nirlep at 908 Savannah Highway to take about seven months. Instead, the project is nearing the two-year mark.She’s now hopeful the fully rebuilt space will be ready by early 2026, ideally in January.As part of the...

WEST ASHLEY — Two years after an Indian restaurant that was a favorite of locals shut down for a complete remodel and rebuild, it’s finally eyeing a reopening date.

The only hold up? The building still needs interior walls and equipment.

Balvinder Banga originally expected the overhaul of Nirlep at 908 Savannah Highway to take about seven months. Instead, the project is nearing the two-year mark.

She’s now hopeful the fully rebuilt space will be ready by early 2026, ideally in January.

As part of the refresh, Banga unveiled a new logo on the outside of the Charleston building featuring an Indian man wearing sunglasses — a visual cue, the owner said, to clearly signal that Nirlep serves Indian cuisine.

The logo and the refreshed interior will be the most notable changes to the dining experience.

“It will be the same menu, same everything,” Banga said. That includes Nirlep’s popular lunch buffet.

Nirlep closed at the end of 2023 after persistent issues with the aging structure, particularly its plumbing, Banga said.

What followed was a full demolition down to the slab. The new building will feature a larger kitchen, two clay ovens — one for the restaurant’s variety of tandoori-roti breads and another for chicken — as well as a bar with seating and a semi-private dining room that can hold about 20 guests.

Banga is also considering adding outdoor seating behind the building.

Many longtime staff members plan to return, and Banga will remain in the kitchen cooking her secret-sauce chicken tandoori, spicy Krahi chicken and chicken tikki masala.

She and her husband, Dilawar Banga, first opened Nirlep in 2002, naming it after their son. They purchased the building in 2008 for $485,000, according to county records.

Despite construction delays, customer demand hasn’t waned. Banga said diners as far as Summerville continue to ask when Nirlep will reopen. All of the restaurant’s new furniture is sitting in a warehouse, ready to be moved in once the renovations are complete.

Nirlep’s return comes as Charleston’s Indian dining scene continues to grow.

In recent years the Lowcountry area has welcomed Spice Palette in Mount Pleasant, Ma’am Saab, the Pakistani restaurant and cocktail bar from the owners of the more casual Malika Canteen in Mount Pleasant, and most recently, Riviat, a higher-end Indian restaurant which opened in the Cannonborough/Elliotborough neighborhood in September.

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