April 22, 2016 | Criminal Law
South Carolina DUI: What to Know
No one starts off the day planning to get pulled over for a DUI but when a bad decision ends up in flashing lights, it can leave a lasting impact on a driver’s record. Since, as Benjamin Franklin famously said, an ounce of prevention is… read more
April 6, 2016 | Criminal Law
South Carolina’s Poor Unrepresented in Criminal Defense Cases
South Carolina’s poor defendants are frequently put on trial without the benefit of legal representation in the state’s low-level criminal courts, reports a new study by the National Association of Criminal Defense Lawyers and the American Civil Liberties Union (ACLU). The study also found… read more
March 28, 2016 | Criminal Law
South Carolina Legislators Push for More Domestic Violence Prosecutors
As state lawmakers take up the debate on the proposed upcoming $7.5 billion budget, some are pushing to make room in the plan to pay for 39 new domestic violence prosecutors requested by Gov. Nikki Haley earlier this year. The additional prosecutors, along with… read more
March 15, 2016 | Criminal Law
Study: SC Criminal Sentencing Shows Racial Bias
A study by researchers at the UK’s University of Sheffield reveals what many have suspected: there is an unfair racial disparity in criminal sentencing. The researchers focused on sentencing patterns in South Carolina to uncover a bias at the expense of African Americans, who… read more
March 14, 2016 | Criminal Law
Right to Remain Silent: Should I Talk to the Police Without a Lawyer?
RIGHT TO REMAIN SILENT: DO NOT TALK TO THE POLICE WITHOUT A LAWYER! You have the right to remain silent, which is also known as the right against self-incrimination. In Miranda v. Arizona, 384 U.S. 436 (1966), the United States Supreme Court established “certain procedural safeguards… read more
February 25, 2016 | Criminal Law
Survey: Majority of SC Primary Voters Favor Drug Law Reforms
A recent survey conducted among likely South Carolina primary voters found that the majority favored reforming drug laws to emphasize treatment rather than incarceration, with an overwhelming majority (65%) responding that drug charges should primarily be treated as a “health problem” rather than a… read more
February 16, 2016 | Criminal Law
Critics Argue Overcriminalization in South Carolina
Though “ignorance of the law is no excuse” when it comes to criminal defense matters, a new report suggests that South Carolina is working hard to set its citizens up to commit crimes they have no real reason to know about. The report by the… read more
January 5, 2016 | Criminal Law
Making A Murderer – Netflix Documentary – Exoneration and Conviction
Making A Murderer : Netflix Documentary Reveals a Story of Exoneration, Conviction, and Our Flawed Justice System. The Netflix documentary Making a Murderer exposed many of the flaws in our criminal justice system. A significant number of those failures contribute to wrongful convictions. The Innocence Project… read more
December 22, 2015 | Criminal Law
Field Sobriety Tests in DUI Cases: Horizontal Gaze Nystagmus (HGN)
State v. Gordon, Op. No. 27554 (S.C. Ct. App. filed August 5, 2015) Holding – Field Sobriety Tests: In Gordon, the South Carolina Supreme Court affirmed a DUI conviction and held that Section 56-5-2953 requires the defendant’s head be video recorded during the administration of the… read more
December 2, 2015 | Professional License Defense
License Suspension: South Carolina Implied Consent Law and DUI Arrest
License Suspension: South Carolina Implied Consent Law and DUI Arrest License Suspension? South Carolina’s Implied Consent laws are separate from the criminal offense of DUI. You do not have a right to drive, only the privilege provided by the state of South Carolina. You have… read more