Statements made by an alleged victim can have a major impact on the outcome of a criminal case. In many scenarios where the state pursues charges related to assault and other forms of violence, the victim affected by the incident is a key source of evidence if the...
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Criminal Defense
What is the purpose of a preliminary hearing?
People who are facing a case in the criminal justice system generally have to make more than one court appearance. One appearance they may have to make is a preliminary hearing, which occurs after an initial appearance. This hearing must be held within a reasonable...
Should I schedule a preliminary hearing for my South Carolina case?
In South Carolina, any person charged with a General Sessions crime must be given notice of his or her right to a preliminary hearing. If you are charged with a magistrate or municipal level offense, then you do not have a right to a preliminary hearing. In most...
When can police officers pull people over in South Carolina?
There are multiple stages in the process that leads to someone's prosecution for a driving under the influence (DUI) infraction in South Carolina. The very first step is usually an initial traffic stop. Some people get arrested after causing a crash, but many other...
ICYMI: Key Takeaways From H.3532 Signed Into Law By Governor McMaster
In case you missed it, Governor McMaster signed into law H.3532 last month. There are several key takeaways that will impact the criminal justice system in South Carolina. Pursuant to § 17-50-270, an additional criminal offense was created which carries up to five (5)...
South Carolina Domestic Violence Laws
Your world can be turned upside down from a domestic violence accusation. In South Carolina, there are several different Domestic Violence charges, all of which carry the potential for prison time. South Carolina takes domestic violence cases seriously. The penalties...
What is the difference between civil & criminal cases in South Carolina?
A. Who is a party in the case? In South Carolina, a criminal case is filed by a prosecutor. In other words, while you may be a victim in a criminal case, it is the state (aka-the prosecutor) who is the actual party to the case that files the criminal charges against...
Social Media Posts Can Impact Your Criminal Case:
Social Media sites such as Twitter, Facebook and Instagram are a wonderful way to keep in touch with family and friends. In 2022, pretty much every person you know uses some form of social media daily. People use social media to post live feeds of their life, memes,...
What Are The Most Common Spring Break & Drinking Related Arrests In South Carolina?
Spring Break has begun for some colleges and is quickly approaching for others. As the number of Covid-19 cases begin to decline and travel restrictions are lifted, some experts believe travel will return to a pre-pandemic level. The Lowcountry, particularly...
What are the collateral consequences of a conviction in Magistrate or Municipal Court in South Carolina?
The most common cases we handle in magistrate and municipal courts are: Driving under the influence (DUI) Open Container Public Intoxication Minor in Possession of Alcohol Possession of a Fake ID Domestic Violence Assault and Battery Simple Possession of Marijuana...