Blog Posts in 2011

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South Carolina ABC Violation Tickets

This article discusses South Carolina's ABC Violation Tickets otherwise known as open container of liquor. South Carolina actually has two open container laws - one for beer and wine and the other ...
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First Time DUI in South Carolina

If you have been arrested for South Carolina DUI and have no previous history of arrests, you face substantial legal penalties which can impact your personal and professional life. Drunk driving is ...
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SC BUI Defense - Who was operating the boat?

In order to be convicted of boating under the influence in South Carolina two things must be proven beyond a reasonable doubt in Court. First - the State must prove that the defendant was in operation ...
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Do you have a right to give a statement to the police?

I often encounter clients in our initial conferences who are upset with the police investigation that lead to their arrest. One common complaint is that the police either did not question them or ...
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Violations of the South Carolina Freedom of Information Act

According to S.C. Code § 30-4-10, the South Carolina Freedom of Information Act mandates that all public bodies are required to release government documents and records to the general ...
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Can you receive PTI for a DUI?

Pre-trial Intervention, or PTI, is a program sponsored by the prosecutor's office in each South Carolina judicial circuit. As a diversion program it is an alternative to prosecution in Court. ...
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Honesty is the best policy for your Federal pre-sentence interviews

If you plead guilty or are found guilty for any criminal offense prosecuted in the United States Federal Court the next step in your case will be to go through interviews conducted by the government ...
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How can I win my South Carolina DUI case?

If you are trying to win your South Carolina DUI the first thing you must do is to educate yourself about the law and court procedure for your case. South Carolina has a unique law on DUI compared to ...
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Can you appeal from a guilty plea?

Sometimes after a defendant pleads guilty, either with or without a plea bargain, they have "buyer's remorse" and want to change their mind. Often times this is because they are ...
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What is a plea bargain?

A plea bargain is an agreement between the government and the defendant concerning the terms and conditions of a guilty plea. When a defendant accepts a plea bargain they are giving up their right to ...
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Kidnapping and the South Carolina Sex Offender Registry

In South Carolina there are generally two ways to be placed on the sex offender registry. One is to be convicted of an offense that requires registration. Examples would include lewd act on a minor or ...
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How your social media account can be used against you

I am finding more and more of my clients running into issues related to their use or access of various social media accounts (such as Facebook or Myspace). Previously I've posted on my domestic ...
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Can you appeal from Traffic Court?

In South Carolina you have an absolute legal right to appeal from a verdict or plea of guilty made in any Traffic Court.When you appeal you are asking a higher Court to reconsider legal decisions made ...
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If the police find marijuana in a car who is charged?

A common occurrence is for the police to find marijuana in a car. Many times there are two, three or more people in the car and a question arises as to who should be criminal charged. The common ...
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What are the penalties for Felony DUI in South Carolina?

There are three separate types of DUI cases in South Carolina that are classified as felonies. They are: Felony DUI with Death : This offense carries a minimum of one year to a maximum of twenty five ...
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How to challenge a South Carolina BUI charge.

In South Carolina there is a criminal statute making it unlawful to operate a boat while under the influence of alcohol or other drugs. Boating under the influenced, or BUI, is becoming more and more ...
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What happens in Bond Court in Lexington, South Carolina?

When someone is arrested and taken to jail in Lexington County they are taken to the Detention Center. This is located in the same property as the Sheriff's Department at 521 Gibson Road, Lexington, ...
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Special concerns for minors investigated for sexual offenses.

Minors can be investigated, arrested and convicted for sexually oriented offenses just like an adult can. Depending on the age of the child and the specific allegation the charges can be adult charges ...
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Reducing Bond in South Carolina

If you have a loved one charged with a serious offense in South Carolina the Bond Court may set an unreasonably high bond. In Bond Court the judge typically only has a few minutes per case and will ...
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Norwegian Mass Murderer Faces 21 Year Sentencing Cap

According to international news reports Anders Behring Breivik, the 32 year old suspect in the Norway mass murder killings, is only facing a maximum of 21 years. This is even though he is charged with ...
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Who is Eligable for Federal Pretrial Diversion (PTD)?

There is a potential option to a guilty plea or trial for those charged with a Federal Offense in South Carolina. The United State Probation Service operates a pretrial diversion program that may be ...
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Can you drive after a DUI arrest?

A common question I am asked is if someone is allowed after being arrested for DUI. In South Carolina there is no automatic suspension of your driver's license just for being arrested for DUI. In fact ...
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How to Appeal a DUI Case

If you have been convicted of DUI in South Carolina you are no doubt concerned about the serious penalties. From the fine, SR-22 insurance, license suspension and criminal record; getting convicted is ...
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Too Fast for Conditions - South Carolina's "Catch All" Traffic Ticket

Highway Patrol and other police officers in South Carolina routinely charge people with driving too fast for conditions after an accident. This charge is frequently overused by law enforcement and ...
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How much marijuana is required for criminal possession?

In South Carolina all marijuana possession charges are criminal in nature. The most common offense is called Simple Possession of Marijuana and may be listed as SMPJ on your ticket or arrest warrant. ...
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