Entire Blog Feed

South Carolina's SPMJ Charge

James Snell — Tue, 10 Apr 2012 06:00:00 GMT

If you have been arrested or cited for SPMJ in South Carolina this abbreviation stands for Simple Possession of Marijuana. This is a criminal charge whether or not you were arrested and taken to jail, or given a ticket and allowed to proceed on your way.

To be charged with SPMJ all that is required is that you have enough marijuana to test. Even an amount as small as a gram can be enough to result in a criminal drug charge.

Anyone who has been charged with SPMJ in South Carolina is facing several possible penalties. They include:

•A publicly available criminal record
•Up to 30 days in jail
•A fine and\or court costs
•Loss of college scholarships
•Loss of employment

To help our client's avoid a conviction we look at all possible legal or factual defenses, including whether or not our client's rights were violated by the police. Additionally we can help negotiate entrance into either the pre-trial intervention (PTI) or conditional discharge program to have our client's SMPJ marijuana charge dismissed.

If you have been charged with a South Carolina SPMJ charge contact the Law Office of James R. Snell, Jr., LLC, for an initial consultation. You can reach our office by calling (803) 359-3301 or using our 24 hour call center at 1-866-252-5789.

Arrested at the Carolina Cup?

James Snell — Tue, 03 Apr 2012 17:50:00 GMT

Local media is now reporting 225 students have been arrested at this year's Carolina Cup. Many others were also arrested for offenses such as:

Underage Possession of Alcohol
Driving Under the Influence
Disorderly Conduct
Criminal Domestic Violence
Drug Possession

If you or your child was arrested at this year's Carolina Cup, and have been referred to the Kershaw County Magistrate Court or Kershaw County General Sessions, it is important that you consult with a criminal defense attorney before your Court date.

We are offering fast, free consultations to anyone arrested in conjunction with the Carolina Cup. Appointments can be scheduled by calling 1-866-252-5789. At the appointment we will discuss:

The circumstances surrounding the arrest
Police conduct during and after the arrest
Legal or factual defenses to the criminal charge
Prospective criminal penalties
Whether or not pre trial intervention (PTI) is an option
What a criminal defense lawyer can do to help

The Law Office of James R. Snell, Jr., LLC, located in Lexington, South Carolina, represents clients in criminal cases throughout the greater Columbia area including Lexington, Richland and Kershaw counties. The office was founded and is managed by defense attorney James Snell, a member of the South Carolina Association of Criminal Defense Lawyers. The attorneys have experience representing clients in all levels of Court fight misdemeanor and felony charges. To contact a lawyer about your case call 1-866-252-5789.

Should you call the police back?

James Snell — Fri, 23 Mar 2012 02:26:00 GMT

Often times the first indication that you are under investigation by the police is receiving a call from an investigator or detective. When this call comes in you have to quickly decide how you will respond.

First, you are never required to answer questions or speak to law enforcement. What you have heard on TV about "anything you say can and may be used against you" is absolutely true. Your decision on how to respond to the police phone call may determine whether or not you are ever arrested, or how serious your charges will be.

If you do decide to speak to the police you should know that they are allowed to lie to you in order to get you to give incriminating information. If the police are calling they might not have enough evidence to arrest you, and are hoping you will give them the additional evidence they need to obtain an arrest warrant. You should also know that if you do speak to law enforcement this could also result in a request that you agree to be questioned in a police interrogation room, or submit to a police polygraph.

If you do decide to speak with the police you should know that you have the right to stop answering questions or end the phone call at any time. Taking advantage of your right to remain silent cannot be used against you in Court later.

During any investigation for a South Carolina state or federal crime, it is important that you consult with an attorney prior to returning any phone call from law enforcement. Consulting with a criminal defense attorney is the best way to determine whether or not your interests would be served by either a waiver or enforcement of your rights.

If you or a loved one is under a police investigation in South Carolina contact a criminal defense attorney at the Law Office of James R. Snell, Jr., LLC, for a free consultation. Appointments are scheduled by calling 1-866-252-5789. Appointments are held at our office located at 316 South Lake Drive in downtown Lexington.

Police Note Increase in Detergent Theft

James Snell — Mon, 12 Mar 2012 23:51:00 GMT

Police accross the country are reporting an unusual crime wave: increasing thefts of Tide detergent. Some departments are even setting up specialized task forces to try to control the thefts.

The reason for the increase in thefts? As anyone who has shopped for household supplies lately knows, laundry detergent is expensive. Just like illegal drugs, a lucrative black market exists for stolen Tide and the thieves are able to resell it for profit.

From www.foxnews.com "Police take on rising wave of Tide detergent theft" March 12, 2012

So what would the law be in South Carolina for stealing Tide? Three possible charges would be:

Shoplifting: A South Carolina Shoplifting charge would be appropriate when someone attempts to steal detergent by either concealing it in the store, or (and more likely) having it in a buggy and attempting to wheel it out of the store withoput paying.

Breath of Trust: A breach of trust charge would apply when a store employee either assists another in by-passing the checkout procedure (such as a cashier bagging an item without scanning). Cigarettes and beer are other popular items stolen at the checkout line. Another strategy would be for a store employee to open up the backdoor and attempt to remove entire cases of merchandise.

Larceny: South Carolina's basic theft charge is called Larceny. Shoplifting and breach of trust are just variations of this criminal offense. A larceny charge may result from stealing detergent off of a loading dock, from the back of an open truck or taking an unattended bottle at the laundrymat.

South Carolina ABC Violation Tickets

James Snell — Sun, 30 Oct 2011 17:31:00 GMT

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 for liquor.The law makes it illegal to transport any open bottle of liquor in a car or motor vehicle unless it is in the luggage or cargo area.

People usually get charged with this ABC violation at traffic checkpoints, after being pulled over for a traffic infraction or as part of a DUI arrest. It carries a fine and/or up to thirty days in jail.

The catch with this law though is that if someone is convicted - either by paying the fine, pleading guilty\no-contest or being found guilty after a trial their driver's license must be suspended. For a first offense your driver's licence must be suspended for six months. For a second offense one year and for a third offense two years. While the suspension is in place no vehicles are allowed to be registered in your name.

The open container law was changed several years ago incorporating some of the language originally intended to apply for the unlawful transportation of illegal moonshine. It now applies to everyone - even someone who simply tries to drive with a single mixed drink. Originally the Courts and the DMV were unaware of the way the law now applies and for several years no one's license was actually suspended. But starting law year the DMV has begun issuing suspensions related to these ABC violations.

If you have received a ticket for open container in South Carolina there are several options that are available to you. As a South Carolina Criminal Defense Attorney I know the various strategies available to help my clients keep their driver's license after receiving and ABC violation. If you would like to discuss your case with me contact my office at 1-866-252-5789. Initial appointments are provided at no-cost in my office located at 316 South Lake Drive in downtown Lexington.

First Time DUI in South Carolina

James Snell — Tue, 11 Oct 2011 21:48:00 GMT

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 considered a zero tolerance offense for the South Carolina Highway Patrol and and most city and county police officers. The penalties for a DUI conviction start high, and only get worse for those with a prior history of convictions.

South Carolina has three tiers of DUI offenses. Most all of the defendants charged with the more serious levels are the ones who tried to cooperate with the police. Depending on the level you are charged with you face a fine of approximately $1,000-2,500 and up to ninety days in the county detention center.

Everyone convicted of a DUI in South Carolina will also face the penalties imposed by the South Carolina Department of Motor Vehicles. This includes a driver's license suspension, mandatory alcohol counseling and the requirement to have special DUI insurance.

You cannot trust the police officer or the court to have mercy on you just because this is your first time facing a DUI charge. It is important that you consult with a DUI Defense Attorney before your Court date to ensure that you understand all of your legal rights along with the possible defenses for a South Carolina DUI charge.

Columbia DUI Defense Attorney James Snell represents clients charged with traffic offenses throughout South Carolina. To schedule your confidential consultation with him about your DUI or other criminal charge contact his office at 1-866-252-5789.

SC BUI Defense - Who was operating the boat?

James Snell — Tue, 11 Oct 2011 00:13:00 GMT

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 of the boat.

Second - the State must prove that the defendant was materially and appreciably impaired.

This article focuses on the requirement that the State prove operation.

South Carolina BUI Law is codified in S.C. Code § 50-21-112. It makes it illegal to operate any type of watercraft while under the influence of drugs and/or alcohol. This includes jet skis, pontoons, fishing boats and sail boats.

Just like in a DUI Arrest the State must prove that the person they arrested was the actual operator of the boat. There is not law against being onboard a boat while you are impaired - you just cannot be the operator.

Anyone who has spent any significant time on Lake Murray or Lake Greenwood will know that law enforcement routinely pulls boats over after dark. This includes DNR, the Sheriff's Department and the Coast Guard. Although the reason for the stops given are safety equipment checks - they are screening all operators for a boating under the influence charge.

If you were arrested at night for BUI you need to consider what evidence law enforcement has that you were actually the operator. At night it is impossible to see at any significant distance on the lake. If your boat is a center console type, or if no one was sitting at the counsel by the time law enforcement pulled alongside this may become an issue at trial.

If you are looking for a Columbia Criminal Defense Attorney consider the Law Office of James R. Snell, Jr., LLC for your case. Initial appointments are provided on a confidential and no cost basis by calling our 24/hr new case line at 1-866-252-5789.

Do you have a right to give a statement to the police?

James Snell — Sat, 08 Oct 2011 18:25:00 GMT

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 provide them with an opportunity to make a statement. I am asked if they have a right to give a statement.

There are really two answers to this question. The technical legal answer is no. You have an absolute right to not give a statement to the police guaranteed by the 5th amendment. The police can never force you to answer questions or make a statement. You also cannot force the police to ask you questions, listen to you or read what you write.

The second answer, which is a more practical one, is yes you can always give a statement to the police. There is nothing preventing a defendant from writing out their own account of what happened and delivering it to the police. In almost all cases the police will happily read what you provide since they know that often times criminal suspects unknowingly make incriminating statements against their own interests which attempting to exonerate themselves.

Although the defendant's exercise of their right to remain silent cannot be used against them in Court, the police's failure to conduct a thorough investigation certainly can be the foundation of a legal defense. When the police fail to ask even basic questions before making an arrest it can create large holes in the State's case.

In almost every case I strongly advise my clients that no statements be given until we have had an opportunity to fully investigate the case and have obtained copies of the police reports, witness statements and other materials turned over after I file a discovery motion.

If you are seeking a Lexington Criminal Defense Attorney to represent you in your case contact the Law Office of James R. Snell, Jr., LLC, at 1-866-252-5789. We represent clients in criminal charges in Columbia and surrounding areas in misdemeanor and felony cases including domestic violence, drug possession, and DUI. Initial appointments are provided on a no-cost and confidential basis.

Criminal Violations of the South Carolina Freedom of Information Act

James Snell — Sat, 01 Oct 2011 16:36:00 GMT

The South Carolina Freedom of Information Act is a law that provides for the release of government records and access to government meetings to the general public.

Public officials, to include any elected official or other government agent who intentionally violates the law by failing to release records, destroying records or attempting to prevent the public's or media's access to meetings can be criminally charged.

Under S.C. Code § 30-4-110

Any person or group of persons who willfully violates the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned for not more than thirty days for the first offense, shall be fined not more than two hundred dollars or imprisoned for not more than sixty days for the second offense and shall be fined three hundred dollars or imprisoned for not more than ninety days for the third or subsequent offense.

This law applies to all levels of South Carolina government including municipalities, counties, school boards, law enforcement agencies, state agencies, fire department, special purpose districts, and courts.

Government officials subject to compliance with the Freedom of Information Act should know that they are not guaranteed "safe harbor" by following the instructions of their superiors. Further boards, commissions and councils cannot avoid requirements of the law by simply voting to determine to consider documents otherwise subject to disclosure "executive privileged."

Can you receive PTI for a DUI?

James Snell — Mon, 26 Sep 2011 23:02:00 GMT

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. Completion of PTI will result in a dismissal of the charge and removal of the arrest record.

By statute PTI is not available for someone charged with DUI or DUAC. This cannot be waived by with the Court or the prosecutor's office.

In most cases the only options for a DUI arrest are to either resolve it through a plea bargain or challenge it in Court. DUI charges that can be reduced typically are reduced to reckless driving or another traffic offense.

If you are interested in challenging your South Carolina DUI you may contact the Law Office of James R. Snell, Jr., LLC, for an initial case review. They are provided confidentially and without charge in our office located at 316 South Lake Drive in downtown Lexington.

Honesty is the best policy for your Federal pre-sentence interviews

James Snell — Sun, 25 Sep 2011 17:45:00 GMT

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 as part of developing their sentencing memorandum. This is an important document in your case that is given to the judge to explain the government's position about your case and how the sentencing guidelines should apply.

A significant part of the sentencing interview and memorandum will be questions about your background. This includes your childhood, family, education, medical and work history.

Often times in Federal Court cases the worst penalties faced by defendants is not for the underlying offense but for lying or making misrepresentations to law enforcement. This is not only a real risk during any proffer statements but also in the sentencing interview.

If you are facing a Federal sentencing interview you should be aware that everything you say is subject to be investigated and verified by the officers. If you make any false statements you are subjected to lose any sentencing points for cooperation that you may have been otherwise eligible for. You also could face an additional sentencing enhancement for obstruction of justice. Of course the judge also will now be more than inclined to give you the maximum permissible under the guidelines, and may even entertain argument from the U.S. Attorney to go above the guidelines.

Honesty is the best practice going through any sentencing interview. If you have any concerns about your past history or questions that may be asked you need to discuss them with your lawyer as early in your case as you can.

Defense Attorney James Snell represents clients facing Federal Criminal Charges in the United States Court for the District of South Carolina. He is also admitted to the Fourth Circuit Court of Appeals and the United States Supreme Court. If you or a loved one is facing any Federal Court charge contact his office to a confidential and no-cost consultation at 1-866-252-5789.

How can I win my South Carolina DUI case?

James Snell — Sat, 24 Sep 2011 17:31:00 GMT

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 other states. Because of this much of the information you might read on other websites, especially on lawyer's websites from other states, will not apply to your case.

First off you need to know that DUI is the only criminal offense in South Carolina with technical defenses. What this means is that if the officer failed to follow the correct procedures in conducting the DUI field investigation then your case will be dismissed. This is regardless of any other evidence in your case. This part of our law is important, because so much of the basis of a DUI arrest is the officer's opinions that we hold them to as high of an objective standard as possible.

You cannot know whether or not the officer has complied with the law at the time of your arrest or even if your case goes to traffic court. The only way to learn is to file discovery motions with the Court and legally serve them on the officer.

As a DUI Defense Lawyer the first step I take in investigating any arrest is to verify whether or not the officer has followed the law himself in making the DUI arrest. If not I will ask the Court to dismiss my client's DUI case. Many DUI arrests are ultimately dismissed by South Carolina Courts for failure to follow the correct procedures.

After looking to see if the police followed the law the next step is to determine what evidence they think they have to establish guilt of DUI. We have a "materially and appreciably impaired" standard for DUI cases. This means that everything can be factored in by the Court in determining the verdict at trial.

The first step for anyone trying to win their South Carolina DUI case is to work as hard as they can educate themselves about our law. This is best done by working closely with your DUI Defense Attorney to explore all possibilities for your case.

Defense Attorney James Snell of Lexington, South Carolina, represents clients in DUI cases throughout South Carolina. If you have been arrested for driving under the influence you are eligible to meet with him for a confidential and no-cost case evaluation. Contact his office at 1-866-252-5789 about your case today.

Can you appeal from a guilty plea?

James Snell — Wed, 21 Sep 2011 16:55:00 GMT

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 dissatisfied with the sentence imposed by the Court, or they have a change of heart in giving up their right to challenge their case through trial.

Anyone convicted of a criminal offense in South Carolina has a right to an appeal. This is regardless if their conviction was the result of a guilty plea or after a trial. Defendants have ten days after Court to file their appeal.

In an appeal you are asking a higher Court to examine the decision of the lower court for legal errors. One difficulty when appealing a guilty plea is that as long as the original court sentenced in the range provided for by the statute there will not be any legal error for the appeals court to consider. For this reasons our appellate rules require that at the time an appeal from a guilty plea is filed the legal grounds or basis for the appeal be specified. If this is not done the appeal can be automatically dismissed.

Beyond the appeal there are other options which may be able to assist a defendant after an unfavorable sentencing hearing. Options to be considered include:

1.    Making a motion with the sentencing court to reduce or modify the sentence (must be done within ten days)
2.    Making a motion with the sentencing court to vacate or set aside the guilty plea (must be done within ten days)
3.    Filing for post-conviction relief (must be done within one year)

If you have a case regarding appealing or voiding a guilty plea in South Carolina contact the Law Office of James R. Snell, Jr., LLC, at 1-866-252-5789. Our office is located in Lexington, South Carolina. There is no cost of obligation for your first meeting with our office.

What is a plea bargain?

James Snell — Sun, 18 Sep 2011 16:43:00 GMT

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 challenge or contest their case through a trial.

Plea bargains are almost always made in the best interest of the government. This is because the government is guaranteed to obtain a criminal conviction, avoids the expense of trial and does not have to risk any challenges made to the existing laws or actions of law enforcement.

Sometimes plea bargains are also in the best interest of the defendant as well. This is because the defendant can limit or negate their exposure to criminal penalties such as jail or prison time and will not have to incur the expense or uncertainty of trial.

There is no requirement that the government offer any defendant a plea bargain. However defendants always have a right to plead guilty if they so chose. Without a plea bargain their sentence will be controlled by any sentencing range called for in the law along with the discretion applied by the Court.

There are several ways a plea bargain can be structured. This may include agreements to dismiss some charges, reduce the severity of charges or an agreement on probation or the amount of jail time a defendant may face.

Before any defendant should consider a plea bargain they should fully understand the charges they are facing, what the government would have to prove at trial to prevail and what the evidence is against them. Once a plea bargain is submitted to the Court and approved by the judge it is typically irrevocable - meaning even if the defendant changes their mind later they have given up their right to a trial.

Kidnapping and the South Carolina Sex Offender Registry

James Snell — Sat, 17 Sep 2011 14:40:00 GMT

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 criminal sexual conduct. The other option is to be convicted of any other offense and have the Court make a special finding that registration is required.

Kidnapping in South Carolina works different than either one of these examples. One convicted of kidnapping in South Carolina, either by plea or after a trial, is placed on the registry by default. However unlike mandatory registration offenses the Court has the option of finding that the defendant does not have to register.

Frequently those being release of kidnapping offenses are surprised to find out from their supervision officer that they are required to register as a sex offender. If the original offense was not sexually motivated there is a way to obtain removal from the registry.

I am able to assist anyone placed on the sex offender registry for a kidnapping conviction anywhere in South Carolina. If this applies to your situation you are invited to contact my office at 1-866-252-5789.