-
Case Dismissed
1st Degree Domestic Violence
Our client was charged with CDV 1
st
after an altercation involving his wife. The case was dismissed on the
day of the trial. Our client's record will be automatically expunged
by the court. He will also not be required to complete any counseling,
pay any fines, or do anything else.
-
Not Guilty
1st Degree Sexual Conduct with a Minor
James Snell represented a client charged with criminal sexual conduct w/ a minor in the 1st degree. This is a serious offense that carries a minimum sentence of 25 years up to a possible life sentence. After a nearly week-long trial, the jury returned a verdict of not guilty.
-
Reckless Driving
2 Counts Felony DUI with Great Bodily Injury
Our client was facing two counts of felony DUI with great bodily injury.
This was a case prosecuted in General Sessions. Each charge carried a
maximum penalty of up to 10 years in the Department of Corrections. After
review of the evidence and negotiations with the prosecutor the charges
were reduced to a single ticket for reckless driving.
-
Warrant Dismissed
20 Year-Old Felony Arrest Warrant
Our office was contacted by an individual now living several states away.
He had recently learned that an arrest warrant had been issued for him
in Lexington County over twenty years ago. Arrest warrants in South Carolina
are not subject to any statute of limitations or expiration date. The
warrant was for a felony charge. We hired an investigator to locate the
original complainant regarding the warrant. After contacting that individual
we were able to negotiate a resolution that involved payment of a restitution
amount that resulted in the warrant being dismissed.
-
Charges Dismissed
2nd Degree Domestic Violence
Our client was arrested for 2nd degree domestic violence. This was a case
prosecuted in General Sessions. The arrest came as a result of an argument
he had with his pregnant wife. After being retained we conducted interviews
of the witnesses and recommended our client voluntarily enter into a counseling
program. As a result of completion all charges were dismissed.
-
Charges Dropped
2nd Degree Domestic Violence
Our female client was arrested for DV 2
nd
degree after an argument with her husband. This was a case prosecuted
in General Sessions by the Solicitor’s office. After reviewing the
government evidence in the case, all charges were dropped prior to trial.
-
Charges Dismissed
2nd Degree Domestic Violence
Our client was charged with DV 2
nd
degree after the police alleged that the victim's nose was broken
during an argument. DV 2
nd
carries a possible prison sentence of up to three years. After voluntarily
completing a domestic counseling program, and our case evaluation, the
prosecutor agreed to dismiss the charge.
-
Charges Dismissed
2nd Degree Domestic Violence
Our client was arrested for 2nd degree domestic violence after an incident
involving his wife. The circumstances of his arrest however seemed to
stem more from his wife’s mental health condition rather than any
criminal conduct. After raising this issue all charges were dismissed.
-
Charges Dropped
2nd Degree Domestic Violence
Our client was a senior-citizen arrested for DV 2
nd
degree after getting into an argument with her ex-husband. This was the
first time she had ever, in her entire life, had ever been charged with
a crime. She had a history of employment stability, and was really the
type of person who you would never think would be arrested. But she found
herself facing this serious General Sessions charge and up to three years
in the South Carolina Department of Corrections. After a full review of
the facts and circumstances, including using a private investigator to
help document the true nature of events, all charges were ultimately dropped
by the prosecutor.
-
Charge Dismissed
2nd Degree Domestic Violence
Our client was arrested for DV 2
nd
degree in an incident involving his wife. He was offered to plead guilty
to a lesser-3
rd
degree charge. After notifying the General Sessions prosecutor that no
plea bargain would be accepted the charge was ultimately reduced anyway
and returned to a magistrate level court. After notifying that office
that there would not be any plea the charge was dismissed.
-
Charge Dismissed
2nd Degree Domestic Violence
We represented a wife who was charged with domestic violence 2
nd
degree after an incident involving her husband. This is a serious offense
that was created by the 2015 South Carolina Domestic Violence Reform Act.
Our client was facing a maximum three year prison sentence. After evaluation
of the facts and circumstances of the case, and consultation with the
prosecutor, the charge was dismissed.
-
Reckless Driving
2nd DUI
Our client was charged with DUI 2
nd
after going through a Highway Patrol checkpoint. He was facing up to one
year in the Department of Corrections. Ultimately we were able to negotiate
a reduction to reckless driving, and our client paid a $445 fine.
-
Not Guilty Verdict
3rd Degree Criminal Defense
We represented a man charged with Domestic Violence 3
rd
degree in the Lexington County Magistrate Court. He was arrested after
an ex-girlfriend alleged that he threatened to shoot her, and grabbed
her leaving bruises on her arm and body. A jury trial was conducted by
James Snell. After a nearly full-day of trial, including multiple witnesses
for the prosecution and the defense, the jury returned a verdict of not-guilty.
-
Charge Dismissed
3rd Degree Domestic Violence
Our client was arrested and charged with DV 3
rd. The allegation was that during an argument he had left bruises on his
wife. The wife however gave multiple, differing accounts of what had happened.
We notified the court and the prosecutor that our client would be pleading
“not guilty.” On the day of the scheduled contested trial
the charge was dismissed. As a result our client’s record is cleared,
and he did not have to pay any fines or have any other requirements.
-
Charge Dismissed
3rd Degree Domestic Violence
We represented a 64 year old woman who was arrested with DV 3
rd
degree after an argument with her husband. The arrest was made after her
husband of almost 20 years called police to try to help settle her down
after an argument. Due to “zero tolerance” policies though
of the local police department they instead arrested her and took her
to the county jail. The charge was ultimately dismissed prior to the case
being called for trial.
-
Charge Dismissed
3rd Offense Criminal Domestic Violence
We were contacted on behalf of a client who was recently incarcerated on
a failure to appear bench warrant related to a General Sessions level 3
rd
Offense Criminal Domestic Violence offense. This is a felony and the maximum
sentence is ten years imprisonment. The client was scheduled to remain
incarcerated on the bench warrant until the conclusion of his case and
any sentence that he might receive. After meeting with the client it was
determined that there were special circumstances in his case that may
render prosecution impractical. After we consulted with the prosecutor
they agreed to lift the bench warrant and dismiss the criminal charge.
This all occurred on the same day we were initially contacted.
-
Not Guilty
4-Point Traffic Ticket
Our client received a 4 point traffic ticket after being involved in a
motor vehicle accident. After a hearing in the Traffic Court the client
was found not guilty. Our client is not responsible for any court fine,
and will not have any points assessed against their license.
-
Dismissed
9 Total Charges
Our client was arrested after a traffic stop occurring on Highway 6 in
the Red Bank community of Lexington County. He was charged with driving
under suspension 3
rd, possession of controlled substance 3
rd, failure to stop for a blue light, driving left of center, simple possession
of marijuana, operating uninured, improper passing, failure to signal,
and not having a vehicle registration card. At the onset of being retained,
Mr. Snell filed a specific objection pursuant to Rule 6 of the South Carolina
Rules of Criminal Procedure to any drug test results being admitted in
court without requiring all witnesses to testify. Due to this, and a personal
issue involving one of the officers involved in the case, the General
Sessions prosecutor eventually dismissed the charges pending in that court.
The remaining charges remained pending in Magistrate Court. At the initial
trial date the prosecuting officer moved for a continuance after he realized
that there would not be a guilty plea stating that he needed additional
time to prepare the case and obtain the necessary witnesses. The court
granted this continuance request. The day before the next scheduled trial
date the officer dismissed all remaining charges.
-
Dismissed
Armed Robbery
Our client was charged with armed robbery and facing 10-30 years in prison.
This was for a robbery occurring at a grocery store where a clerk gave
money out of a cash register. After negotiations with the prosecutor he
was allowed into the pre-trial intervention (PTI) program. After successfully
completion all charges were dismissed.
-
Dismissed
Assault & Battery 3rd Degree
Our client was arrested for Assault & Battery 3
rd
Degree after an altercation with his neighbors. He retained our office
prior to his first court date. We filed our initial discovery motions
and notified the court that it would be a contested trial. Prior to the
actual trial date the prosecutor elected to dismiss the charge.
-
Acquittal
Assault & Trespass
A client was charged with assault and trespass in Lexington County following
a dispute with a neighbor. She was acquitted of all charges after a jury trial.
-
Dismissed
Assault 3rd Degree
Our client was charged with Assault 3
rd
in the Lexington County Magistrate Court. Our client was charged after
he pushed a man away who was arguing with his wife at his house. Prior
to the call of the case attorney James Snell made a pre-trial motion to
dismiss based on the Protection of Persons and Property Act. During a
hearing on that motion the Court found by that our client was immune from
criminal prosecution and dismissed the charge.
-
Dismissed
Assault 3rd Degree
Our client was charged with Assault 3rd degree based on an allegation of assaulting a home health worker. On the
day the case was scheduled for jury selection Mr. Snell appeared and advised
the prosecutor that he was ready for trial. As a result the prosecutor
agreed to dismiss the case.
-
Dismissed
Assault 3rd Degree
Client charged with Assault 3rd degree due to an alleged assault on a family
member. Case dismissed by the prosecutor after a mistrial.
-
Not Guilty
Assault 3rd Degree
Our client was charged with Assault 3
rd
Degree in the Orangeburg County Magistrate court. The case involved an
allegation of relationship violence and both parties to the case had been
charged. On the day of trial we notified the officer that our client and
the other party involved would be refusing to testify pursuant to the 5
th
Amendment. As a result there was no testimony available to be presented
against our client and the court entered a verdict of not-guilty.
-
Dismissed
Assault 3rd Degree
Our client was charged with Assault 3
rd
degree in a case prosecuted in Lexington County Magistrate Court. The
case involved a dispute involving his son. After filing and serving a
request for trial and initial discovery motions, the arresting officer
agreed to dismiss the case prior to trial.
-
Not Guilty Verdict
Assault and Battery
We represented a Chapin area man who was arrested for Assault and Battery
based on accusations made by a neighbor. We notified the court that we
were fully contesting the charge, and that he would not be accepting any
plea bargain. A jury trial was held in the Lexington County Magistrate
Court. The allegation was that he had assaulted a neighbor woman by pushing
her down. Her husband testified that he was a witness to the assault.
The trial was conducted by James Snell. On cross-examination he pointed
out how the accusers had been inconsistent with their story and provided
inaccurate evidence. During closing he argued self-defense, in that the
neighbor had come onto our client’s property and initiated the conflict.
The jury returned a verdict of not-guilty. As a result this charge will
be erased from our client’s record.
-
Not Guilty
Assault and Battery 3rd Degree
Our client was arrested and charged with Assault and Battery 3
rd
Degree in violation of S.C. Code § 16-3-600. The charge stemmed from
an incident with a woman in his home who had consumed alcohol, prescription
drugs, and marijuana. At a jury trial conducted in the Lexington County
Magistrate Court, Mr. Snell argued that she was over-exaggerating her
injuries, manipulated photographic evidence, and that our client's
conduct was lawful self-defense. The jury returned a verdict of not-guilty.
-
Dismissed
Assault and Battery 3rd Degree
Our client was charged with Assault and Battery 3
rd
Degree after an alleged incident involving a neighbor. We notified the
court that the case was fully contested. During two pre-trial hearings
the government notified the court that they intended on prosecuting the
case. On the day of trial, which was approximately two years after the
arrest, the government agreed to a dismissal of the charge. The court
dismissed the charge and advised the neighbors to try to be more neighborly.
-
Dismissed
Assaulting a Jail Guard
Client was charged with assaulting a jail guard. After obtaining a report
on his psychological condition all charges were dismissed.
-
Not Guilty
Assaulting Daughter
Client was arrested and tried for physically assaulting her minor daughter.
After Mr. Snell requested that the judge instruct the jury on corporal
punishment as a legal defense, the jury returned a verdict of not-guilty.
-
Dismissed
Attempted Murder
Our client was arrested for attempted murder after an alleged stabbing. Initially, bond was denied by the magistrate. Mr. Snell was able to obtain a bond for our client after filing a motion in General Sessions. This allowed our client to be released from the county jail. Ultimately, the attempted murder case was dismissed by the state prior to trial.
-
Released Freely
Bench Warrant
We were hired to represent a client who was incarcerated on a bench warrant.
She potentially could have been held in jail for months or longer while
her case was waiting to be resolved. After notifying the prosecutor's
office of our involvement we were able to obtain an agreement to bring
her to court that same week. Once in Court she was represented by Mr.
Snell who explained her circumstances to the judge who imposed a time-served
sentence. Although she was facing up to six months, she was released with
no additional jail, probation, or fine assessed.
-
Not Guilty
Boating Under the Influence (BUI)
Client was charged with Boating Under the Influence (BUI) after being stopped
on Lake Murray by officers with the South Carolina Department of Natural
Resources. The client was found "not guilty" after a trial.
-
Dismissed
Burglary and Malicious Injury to Property
Our client was charged with two felony charges of burglary and malicious
injury to property. A former co-worker alleged that someone broke into
his garage and damaged his property and stole some items. A neighbor claimed
to be an eyewitness. The missing items were found in the possession of
our client. As a result our client was arrested and charged with these
serious offenses. We conducted a defense investigation and learned that
the items claimed to have been stolen were in fact in our client’s
possession for more than one year prior to the supposed burglary. After
raising this, and other inconsistencies, all charges were dismissed.
-
Dismissed
CDV
Our client was charged with CDV after an incident involving her husband.
The case was dismissed during an in-court proceeding.
-
Not Guilty
CDV
Mr. Snell's client was charged with criminal domestic violence 1
st
offense. The case was subsequently referred to the South Carolina Attorney
General's office for prosecution. A jury trial was held. The witnesses
for the State included one of the arresting officers and the client's
spouse. After considering Mr. Snell's closing arguments, the jury
returned a verdict of not-guilty. As a result our client did not have
to pay any fine, submit to any counseling, be sentenced to any jail time,
and will have the record of this event expunged.
-
Not Guilty
CDV
Our client was charged with CDV after an argument with his wife. It began
after she had come back from a bar intoxicated. Although our client was
the one who called "911" for assistance in trying to settle
her down, he was arrested after his wife claimed that he had pushed her.
After a jury trial where we were able to introduce evidence of the wife's
intoxication our client was found not-guilty.
-
Not Guilty
CDV
Our client was charged with CDV after an argument with her live-in boyfriend
of several years. He claimed that she had slapped him. After a trial our
client was found not-guilty.
-
Dismissed
CDV
Our client was arrested for CDV based on allegations made by her husband.
His report to the police came after a fight over the contents and possession
of a cell phone. Ultimately the prosecutor elected to dismiss the charge
prior to it being called for trial.
-
Acquittal
CDV
Client was charged with criminal domestic violence (CDV) for an argument
with his wife. The allegations included throwing beer cans and pushing
her downstairs. After a jury trial he was acquitted.
-
Dismissed
CDV
Client was charged with criminal domestic violence after having an argument
with his wife. Although there was an arrest warrant issued, the factual
allegations in the warrant failed to state the required legal elements
of CDV. After a pre-trial motion made by Mr. Snell the Court agreed and
dismissed the charge.
-
Dismissed
CDV
Our client was charged with CDV after an incident involving her husband.
After a review of the case we were able to negotiate an in-court dismissal
of the CDV.
-
Dismissed
CDV
Client was charged in Magistrate Court with 1st offense criminal domestic
violence. The allegations included fighting both with the wife and another
man. On the day of trial the charge was dismissed.
-
Acquittal
CDV
A female client was charged with criminal domestic violence for allegedly
assaulting her boyfriend. She was acquitted of all charges after a jury trial.
-
Not Guilty
CDV
Our client was arrested and charged with 1st offense criminal domestic
violence. Three witnesses testified for the State, including the responding
police officers and the alleged victim. The jury returned a verdict of
not-guilty.
-
Charge Dismissed
CDV 1st
Client was charged with CDV 1
st
after an argument with her husband. At the call of the case the court
granted Mr. Snell's request to have the charge dismissed. As a result
our client did not pay any fines or court costs, receive any jail sentence,
or have to do counseling. Additionally our client's request will be
automatically cleared by the court at no further expense to her.
-
Dismissed
CDV 1st Degree
At a pre-trial conference during court our client's CDV 1
st
charge was dismissed due to considerations of the exact nature and circumstances
of our client's arrest.
-
Charge Dismissed
CDV 1st Degree
Our client was charged with CDV 1
st
by the Spartanburg County Sheriff's Department. The charge was ultimately
dismissed and our client is now eligible to have his record expunged.
-
Case Dismissed
CDV 1st Degree
Our client was charged with CDV 1
st
after his ex-girlfriend came to his home and found him with another woman.
After raising numerous issues, including the lack of household member
standing with the prosecutor, the case was completely dismissed in open court.
-
Counseling, Charge Dismissed
CDV 1st Degree
Client was charged with CDV 1
st
in the Town of Lexington. After voluntarily completing a serious of domestic
abuse counseling classes the charge was dismissed and the client's
arrest record was expunged.
-
Dismissed
CDV 1st Degree
At a pre-trial conference during court our client's CDV 1
st
charge was dismissed due to considerations of our client's advanced
age and health status.
-
Dismissed
CDV 1st Degree
Client was charged with criminal domestic violence (CDV 1
st). He hired Mr. Snell after coming into the office for a free initial consultation.
After being retained, Mr. Snell filed a request for a comprehensive jury
trial, and discovery motions pursuant to the South Carolina Rules of Criminal
Procedure. Prior to the case being scheduled, the charge was dismissed
after discussions between Mr. Snell and the prosecutor that occurred in
the courtroom during a pre-trial conference.
-
Not Guilty
CDV 1st Degree
Client was charged with CDV 1st for an incident involving her husband.
After trial she was found not-guilty.
-
Case Dismissed
CDV 1st Degree
Client was charged with CDV 1st for allegedly striking his live in girlfriend.
Photographs and witness statements established minor physical injuries.
The client was allowed to enroll in the PTI program which resulted in
the CDV being dismissed and his record expunged.
-
Dismissed
CDV 1st Degree
Our client was charged with CDV 1
st
in Richland County. On the day of trial the Court granted a motion to
dismiss made by James Snell. Our client's record will be automatically
expunged by the court.
-
Not Guilty
Commercial Driver Accident
Our client was a professional truck driver holding a CDL license. He was
involved in a "right turn" accident and cited by the Highway
Patrol. At a jury trial held before the Lexington County Magistrate Court
he was found not-guilty. As a result there are no points assessed against
his license and he did not have to pay any court fees or fines.
-
Dismissal by Motion
Criminal Domestic Violence 1st Degree
Our client was charged with Criminal Domestic Violence 1
st
Degree in Columbia, South Carolina. At the call of the case the court
granted our motion to dismiss. Our client was not required to pay any
fines, attend any counseling, or serve any jail time. His arrest record
will be expunged automatically by the court for no charge to our client.
-
Charges Dismissed
Criminal Domestic Violence of a High and Aggravated Nature (DVHAN)
Our client was arrested and charged with Criminal Domestic Violence of
a High and Aggravated Nature (DVHAN), pointing and presenting a firearm,
and possession of a firearm by a convicted violent felon. He was charged
after getting into an argument with his girlfriend in which her children
claimed that he had made threatening statements while holding a firearm.
Due to the serious nature of this offense (our client was facing a minimum
mandatory prison sentence), we recommended a thorough defense investigation
be conducted. Working in conjunction with an investigator it was determined
that our client was in fact not guilty of any crime at all. As a result,
and due in large part with our client's own cooperation with the defense
strategy we set forth, all charges were dismissed pre-trial.
-
Case Dismissed
Criminal Domestic Violence of a High and Aggravated Nature (DVHAN)
Our client was charged with Criminal Domestic Violence of a High and Aggravated
Nature (DVHAN). She was facing a minimum sentence of one year in prison
as a result of the seriousness of the charge. Our client followed our
recommendations and allowed us to voluntarily enroll her in a domestic
abuse counseling program. As a result, and after full evaluation of the
case, the prosecutor agreed to dismiss the case.
-
Dismissed
Criminal Sexual Conduct
We represented an adult woman charged with criminal sexual conduct based
on an alleged sexual encounter involving an underage boy. She was facing
a sentence of up to fifteen years in prison and mandatory registration
as a sex offender. After review of the we discovered indications the story
was manufactured. After discussions with the prosecutor all charges were
dismissed prior to trial.
-
Dismissal
Criminal Sexual Conduct (Rape)
Our client was charged with Criminal Sexual Conduct (rape) regarding an
alleged assault against an ex-girlfriend. Although our client attempted
to cooperate with the police investigators before he contacted our office,
he was unsuccessful in dissuading them from charging him. He was arrested
out of state and spent over three weeks in custody (without a bond hearing)
to be extradited back to South Carolina. It was during this time period
that the Law Office of James R. Snell, Jr., LLC, was retained. The very
next day that we were hired our investigator flew over 900 miles from
the Columbia airport to meet with our client in the out of state jail.
We also ordered relevant police reports. After evaluating the case we
determined that there was insufficient evidence support the charge. After
consultation with the prosecutor's office they agreed, which resulted
in a total dismissal of our client's charges. This was a very significant
result for our client as the dismissal saved him from possible lengthy
prison sentence and sex-offender registration.
-
Dismissed All Charges
Criminal Sexual Conduct with a Minor
Our client was arrested for Criminal Sexual Conduct with a Minor after
an allegation of performing a sexual act upon a young child. After investigating
the circumstances Mr. Snell uncovered numerous inconsistencies. Plea offers
were rejected and the prosecution was notified that we were prepared to
try the case. Prior to actually calling the case for trial the prosecutor
elected to dismiss all charges.
-
Charged Dismissed
Criminal Sexual Conduct with a Minor
Client was charged with criminal sexual conduct with a minor and was facing
up to twenty years in prison and entrance onto the sex offender registry.
The prosecutor initially offered a plea carrying up to fifteen years in
prison. After obtaining a report of his mental state criminal charges
were dismissed. He was referred for psychiatric treatment and then subsequently
released to his family.
-
Minimum Speeding Ticket
Criminal Speeding
Our client was charged with criminal speeding for going 86\60 MPH zone.
Mr. Snell was able to obtain an agreement from the prosecuting officer
to lower the charge to 64\60, saving our clients hundreds of dollars in
fine money and potentially thousands in insurance rate increases.
-
Reduced to 2-Point Ticket
Criminal Speeding
We represented a client charged with 90 M.P.H. in a 60 M.P.H. zone. At
30 M.P.H. over the speed limit, this is the most serious type of speeding
charge in South Carolina. Our client was facing a license suspension in
addition to a fine, points, and an increase in car insurance rates. After
negotiation with the officer the ticket was ultimately reduced to a 2
point ticket. This saved our client a substantial portion of the fine
and car insurance rate increase, and also avoided the suspension.
-
Dismissed
Cruelty to Children
Our client was arrested and charged with cruelty to children. This was
after a report was made that a child had been struck with a belt. On the
day of trial, after we notified the prosecutor that we were objecting
to their planned evidence, the case was ultimately dismissed.
-
Dimissed
Cruelty to Children
We represented a mother and father who had both been arrested and charged
with Cruelty to Children by the Lexington County Sheriff's Department.
After the conclusion of the state's case during a jury trial the court
granted Mr. Snell's motion for a directed verdict of not-guilty. This
resulted in the charges against both defendants being dismissed, and their
records will be automatically expunged.
-
Reduced to Small Fine
Discharging a Firearm into a Dwelling
We were retained to represent a client who was charged with discharging
a firearm into a dwelling. This is a serious felony, carrying a possible
sentence of up to ten years in prison. Our review of the case indicated
that although a gun did discharge into a residence, it was not under circumstances
indicating an intent to threaten or injury anyone. Ultimately the prosecutor
agreed to reduce the charge to a misdemeanor disorderly conduct, and our
client's sentence was reduced to a small fine.
-
Dismissed
Disorderly Conduct
Our college aged client was arrested for disorderly conduct after a noise
complaint at his apartment complex. Charge dismissed by the prosecutor
prior to trial.
-
Not Guilty
Disorderly Conduct
Client was charged with disorderly conduct. A jury trial was held in which
the two witnesses for the State were responding police officers. The jury
returned a verdict of not-guilty.
-
All Charges Dismissed
Disorderly Conduct, Simple Assault, Trespassing, and Resisting Arrest
We represented a college-age man who was arrested in Five Points and charged
with disorderly conduct, simple assault, trespassing, and resisting arrest.
All charges dismissed prior to trial.
-
Dismissed
Disregarding a Traffic Control Device
Our client was charged with disregarding a traffic control device, which
is a 4 point traffic ticket. This was after a minor car accident at an
intersection. After discussions with the prosecuting officer on the day
of trial the charge was dismissed.
-
Case Dismissed
Domestic Violence
We represented a woman who was arrested for DV 3rd after admitting to striking
her husband. Initially, he was non-cooperative with the defense. A no-contact
condition was imposed by the court. A few weeks later the husband wanted
to reconcile and contacted our office. We were then able to obtain a court
order removing the no-contact bond restrictions. Based on the totality
of the circumstances we recommended that our client voluntarily participate
in a counseling program. Ultimately the case was dismissed by the prosecutor
prior to it being scheduled for trial.
-
Dismissed
Domestic Violence
We represented a young college-graduate who had been arrested for DV 3rd
degree. Our investigation into the circumstances showed that the police
had arrested the wrong person. After conferring with the prosecutor and
sharing our concerns the charge was dismissed.
-
Charge Dismissed
Domestic Violence
A husband became concerned about messages and photographs that he believed
his wife was sending other men on her phone. After confronting her with
information about his suspicions they got into a physical argument over
possession of the phone. During the police investigation it was unclear
if any charges would be brought, and if so, who would be arrested. Ultimately
the husband was arrested, and retained our office. On the day of the scheduled
trial date the charge against him was completely dismissed. He did not
have to pay any fines, fees, or court costs.
-
Charge Dismissed
Domestic Violence
Mr. Snell was contacted by an individual who currently had two outstanding
arrest warrants. One was for a CDV case in which he had already plead
guilty (he had gone to court without an attorney), and he was unable to
successfully complete the court ordered counseling program. The other
was for a new CDV case. After being retained Mr. Snell arranged for the
court to hold a hearing on the bench warrant. At that hearing the court
allowed him a second chance at completing the counseling program, dismissing
the arrest warrant. Several months later, after having successfully completing
counseling, the remaining CDV charge was completely dismissed.
-
Charges Dismissed
Domestic Violence
Our client was schedule to complete a term of probation when he was charged
with domestic violence. This is significant, because a CDV arrest can
result in probation being violated. After voluntarily enrolling and completing
a counseling program the judge and prosecutor both agreed to dismiss the charge.
-
Dismissed
Domestic Violence
Our client was charged with CDV after an incident involving a former boyfriend.
On the day of court the charge was dismissed.
-
Reduced to Disorderly Conduct with $100 Fine
Domestic Violence
We represented a man with a significant prior criminal record. He was arrested
for domestic violence after an altercation with his wife. Both had been
drinking. We began by obtaining copies of the relevant police reports
and witness statements. After discussing with the prosecutor how it appeared
that the wife was an aggressor, the domestic violence charge was reduced
to disorderly conduct with a $100 fine.
-
Charges Dismissed
Domestic Violence
James Snell was retained by a young man who had been arrested for domestic
violence. He had asked for a jury trial on his own, but then moved without
properly notifying the court of his new address. His case was brought
to trial in his absence and he was convicted. Mr. Snell filed a motion
to re-open which was granted by the court. Then, after having a new trial
scheduled the case was eventually dismissed by the prosecutor. As a result
our client’s record is expunged, and he no longer has to worry about
this charge negatively affecting his future.
-
Case Dismissed
Domestic Violence
Our client had an argument with his girlfriend. Police were called to help
defuse the situation. The police announced though they were going to make
an arrest, which took them both by surprise. James Snell was contacted
in time to be at the original bond setting, and the client was allowed
to sign himself out of jail and the judge did not impose a “no contact”
order. At the call of the case after the alleged victim notified the prosecutor
that she did not want to prosecute the court dismissed the case.
-
Charge Dismissed
Domestic Violence
Our client was a wife and mother of three who was arrested after her soon-to-be
ex-husband accused of slapping him after an argument over his infidelity.
We began by notifying the court and prosecutor that we were fully contesting
the charge. We then obtained prior police reports to show the alleged
victim’s history of not only assaulting his wife, but also trying
to use law enforcement as a weapon against her. As a result the prosecutor
agreed to dismiss the charge. Our client now has a clean record and was
able to keep her employment.
-
Not Guilty Verdict
Domestic Violence
Our client was employed as a deputy with a local Sheriff’s Department.
He was arrested after his wife reported he assaulted her during an argument.
After a full day of trial the jury returned a verdict of not-guilty.
-
Charges Dismissed
Domestic Violence
Our client was a young veteran who, like many other returning soldiers,
had found himself caught up in the criminal justice system. After voluntarily
enrolling and completing a counseling program the judge and prosecutor
agreed to dismiss his domestic violence charge.
-
Not Guilty Verdict
Domestic Violence
Attorney James R. Snell, Jr., obtained a trial verdict of "not-guilty"
on behalf of a client charged with criminal domestic violence. Our client
was separated from his wife. It was reported to law enforcement that he
had followed her in traffic and then pulled into a parking lot. While
there it was claimed that he had gotten out of his car, hit the windows,
tried to open the doors, and had threatened to beat her. The law enforcement
investigator testified that it was an "easy" case.
During cross-examination of the state's witnesses, Mr. Snell had the
wife expound on the incident bringing out the allegation that he was yelling
and acting in a very aggressive manner (Mr. Snell believes that sometimes
by "helping" the complaining witness make the story bigger it
shows a lack of credibility). Although a police officer actually rode
by parking lot while the parties were there he did not notice any criminal
activity. The officer testified on cross that he would have intervened
had he heard yelling or seen that type of commotion. A defense witness
testified that he was in the car with the Defendant and that he engaged
in no violent or inappropriate conduct. In closing argument Mr. Snell
submitted to the jury that the lack of any corroborating evidence at all
combined with the possible motivation to make up a false allegation to
try to gain an advantage in a family court case, justified a not-guilty
verdict. After a brief deliberation the jury did return a verdict of not-guilty.
In addition to the domestic violence charge our client was also charged
with violating the no-contact provisions of a previously issued Family
Court order. As our client was present with his wife the jury did find
him in violation of the no-contact provisions of that prior court order
and he was required to pay a fine for that violation.
The end result was that the jury found our client not-guilty of the criminal
domestic violence offense, even after finding that an order of protection
was in effect and had been violated. Because the CDV charge was dismissed
by the jury, our client did not face any sentencing for it, and that arrest
will be automatically expunged from his record.
-
Post-Conviction Relief (PCR)
Domestic Violence
Client was arrested for criminal domestic violence by the City of Columbia
Police Department. He went to his court date before consulting with a
lawyer and attempted to represent himself. After pleading not guilty,
he was convicted by a judge. Mr. Snell was able to have this client's
conviction reversed after filing for Post-Conviction Relief (PCR) based
on grounds that the Municipal Court failed to adequately advise the client
of his right to an attorney or a jury trial. This decision to grant PCR
was appealed by the South Carolina Attorney General's Office to the
South Carolina Supreme Court. After remitting the matter the Court of
Appeals, the State was not permitted to appeal, affirming the PCR victory.
-
Dismissed
Domestic Violence
We represented a woman charged with domestic violence after she called the police for help during an argument with her husband. We obtained copies of her call for help, incident report, and police body-cam footage as part of the court's discovery process. After a review, we determined that the police had failed to properly investigate the situation. After sharing our findings with the prosecutor, the charge was dismissed.
-
Case Dismissed
Domestic Violence
Our client was arrested for assault 3rd degree after his girlfriend reported a physical altercation to law enforcement.
This was considered relationship violence and prosecuted by the local
domestic violence prosecutor. We declined to accept any plea offer and
demanded a contested trial. Prior to the case being tried the charge was
dismissed.
-
Reduced to Misdemeanor
Domestic Violence of a High and Aggravated Nature (DVHAN)
Our client was charged with Criminal Domestic Violence of a High and Aggravated
Nature (DVHAN) in Richland County. This was a very serious case where
our client's use of a bladed weapon during an argument lead to the
other party requiring medical attention. Our client followed our advice,
and voluntarily participated in a counseling program before going to court.
Ultimate result was that a DVHAN charge that carried a minimum prison
sentence was reduced to a misdemeanor level charge and our client received
a short probationary sentence.
-
Dismissed
Driving Under Suspension
Our client was charged with Driving Under Suspension (DUS). All charges
were dismissed pre-trial.
-
Dismissed
Driving Under Suspension
Client charged with driving under suspension. At a bench trial the client
was acquitted of the charge after the police were unable to establish
that the DMV had timely served the notice of suspension on the defendant.
-
Dismissed
Driving Under Suspension 2nd Offense and Improper Backing
Our client was charged with Driving Under Suspension 2
nd
Offense and Improper Backing. He was faxing up to 90 days in jail, or
a fine of over $1,500. On the day of trial, and after our motion to dismiss
the charge or suppress the evidence, the judge excluded evidence related
to the driving under suspension charge. As a result that charge was dismissed
and our client was only required to pay a fine of $237.50.
-
Charges Dismissed
Driving Under Suspension, 3rd Offense
We represented a driving charged with driving under suspension 3rd offense.
This carries a mandatory jail sentence. In addition there were several
other charges including operating uninsured, no registration, and an improper
vehicle license (no tag). We notified the court and prosecutor that we
would be fully contesting all charges. Prior to the case the prosecutor
agreed to dismiss all charges.
-
Misdemeanor Possession
Drug Trafficking
Our client was charged with drug trafficking after being stopped on the
Interstate for speeding. After being retained we immediately began on
the case by obtaining copies of the police report and filing a motion
for discovery including the drug chain of custody documentation. After
reviewing the case we uncovered several facts calling into question whether
or not the initial police stop was proper, and whether or not the police
had probable cause to search the car. After notifying the prosecutor of
these issues the charges were reduced from trafficking (minimum of 10
years) to a misdemeanor possession. This saved our client from a felony
conviction, along with thousands in fines, and potentially a decade or
more in prison.
-
Charge Reduced to Reckless Driving
DUI
Our client was charged with DUI and his case was referred to the Richland
County Central Magistrate Court. He had been charged after being observed
driving over the center line, and then providing a 0.15 BAC breath sample.
While this case was pending our client received another DUI in a different
location. Prior to the Richland County case being called for trial we
were able to negotiate a reduction to reckless driving.
-
Dismissed
DUI
We represented a young man charged with DUI. The arrest came after a member
of the public called police to report unsafe driving. When the police
contacted our client they reported that he had signs and symptoms of drug
use, and needle tracks on his arm. Our client was offered a plea to reckless
driving which was turned down. On the day of court the prosecutor called
the case for trial. After hearing the legal arguments and objections made
by our attorney, the DUI was dismissed.
-
Dismissed
DUI
Client was charged with DUI in Richland County. After Mr. Snell discovered
a serious issue with the State's case, the charge was dismissed.
-
Reckless Driving
DUI
Client was charged with driving under the influence (DUI) after being involved
in a single car accident. Charges were reduced to reckless driving pre-trial.
-
Dismissed
DUI
Richland County DUI charge was dismissed by the Court. Our client did not
plead guilty to anything, did not remit a fine, and will have no points
assessed against his license.
-
Reckless Driving with Reduced Fine
DUI
Our client was arrested for DUI. She admitted to drinking, took field sobriety
tests, and provided a breath sample of 0.10. The DUI charge was reduced
to reckless driving with a reduced fine (under $100).
-
Dismissed
DUI
Mr. Snell's client was charged with DUI. Mr. Snell's review of
the case indicated that the client should not have been arrested. End
result was the DUI was dismissed with no plea bargain or concession on
the client's part.
-
Dismissed
DUI
The client was charged with DUI and DUS after going through a checkpoint.
After negotiations the DUI was dismissed and the client plead guilty to DUS only.
-
Reckless Driving
DUI
Mr. Snell's client was charged with DUI in August, 2014, and submitted
a breath sample. After negotiations the DUI was dismissed and the client
plead guilty to reckless driving.
-
Reckless Driving
DUI
Our client was charged with DUI in July, 2014, after going through a police
checkpoint and then completing field sobriety tests. After negotiations
the DUI was dismissed and the client plead guilty to reckless driving.
-
Reckless Driving
DUI
Client was charged with DUI and submitted a breath sample of 0.18. The
DUI was dismissed, and client plead guilty to reckless driving.
-
Reckless Driving
DUI
Client was charged with DUI and submitted a breath sample of 0.14. The
DUI was dismissed, and client plead guilty to reckless driving.
-
Reduced to Reckless Driving
DUI
Our client was stopped for speeding shortly before midnight. He admitted
to leaving a bar\restaurant and drinking beer. Per the officer’s
report he did poorly on the full battery of standardized field sobriety
tests. After being retained we notified the court that we were fully contesting
the charge. We obtained the roadside video and the officer’s narrative
incident report, and the officer’s score sheet from the field sobriety
tests. Our review indicated multiple defects and inconsistencies in the
case. As a result the charge was reduced to reckless driving prior to trial.
-
Reduced to Reckless Driving
DUI
Our client was stopped after 1:00 A.M. for following another vehicle too
closely and weaving. The officer claimed to observe several unopened beer
cans in the vehicle. Our client also admitted to having drunk beers earlier.
The officer reported that our client did poorly on field sobriety tests
administered prior to making the arrest for DUI. A breathalyzer test was
administered at the jail at a 0.09 level. After reviewing the evidence
and noting problems in the police officer’s case, the charge was
reduced to reckless driving prior to trial.
-
Reckless Driving
DUI
Our client was charged with DUI 1
st
and provided a breath sample of 0.20. The charge was negotiated to a reckless driving.
-
Reckless Driving
DUI
Our client was charged with DUI after going through a Lexington County
checkpoint. He participated in field sobriety tests, and admitted to having
had beer with a recent meal. He refused the breathalyzer. The DUI charge
was dismissed in exchange for a plea to reckless driving.
-
Reckless Driving
DUI
Client was charged with DUI after a single car accident and subsequently
admitting to having had 4 or 5 drinks. The DUI was reduced to reckless driving.
-
Dismissed
DUI
Client was charged with DUI in Columbia, SC. This was after a late-night
incident where the client's car rolled off of an embankment in a parking
lot. The charge was dismissed.
-
Dismissed
DUI
Client was arrested for DUI in Orangeburg County. After law enforcement
failed to respond to our requests for copies of the evidence in the case
the charge was dismissed.
-
DUI
Driving Under the Influence (DUI)
Our client was pulled over late-night\early-morning for speeding. He admitted
to drinking, and attempted field sobriety tests. According to the officer
he showed multiple indicates of impairment on those tests and was arrested
for drunk driving. At the police station he refused a breath test. After
a full-day trial, our client was found not-guilty. As a result his record
is expunged, and he did not have to pay any fine or lose his driver’s license.
-
Reduced to Reckless Driving
DUI
Our client was a college-aged driver who was charged with DUI after a late-night
incident involving running his car off of the road and striking a fire
hydrant. Water shot up in the air. He admitted drinking, performed field
sobriety tests, and provided a breath BAC score of 0.17. This appeared
to be an impossible DUI case. However after fully evaluating the case,
we discovered that there were in fact significant defenses that could
be raised. After discussions with the prosecutor the DUI was reduced to
reckless driving.
-
Reduced to Public Disorderly Conduct
DUI
We represented a driver who was arrested after he was found on the side
of the road with his car running. An open bottle of alcohol was also found
in the vehicle. He provided a breath BAC score of 0.16. After fully evaluating
the evidence we learned that there was a significant challenge to the
DUI. As a result prosecutor agreed to reduce the charge to public disorderly conduct.
-
Dismissed
DUI
Our client was charged with DUI and provided a breath sample of 0.09. This
was a case pending in a Lexington County municipal court. Prior to the
court date the police department was unwilling to offer any reductions
to the charge. We notified them that we would be fully contesting the
case in court and had the court schedule a trial date. After we had prepared
the case for court they agreed to dismiss the DUI and offer a plea to
reckless driving.
We represented a man arrested for DUI after the police found him asleep
in a car that had run off of the road and up into a ditch. According to
the police he smelled like alcohol and showed other signs of impairment.
Prior to trial we negotiated a reduction to too fast for conditions (a
type of speeding ticket). The DUI was dismissed and erased from our client’s record.
-
Not Guilty
DUI
James Snell obtained a not-guilty verdict on a DUI prosecuted in the Irmo
Municipal Court. Our client was pulled over after 3:00 A.M. after being
observed driving in the wrong lane. Upon questioning there was an admission
at having some alcohol, and the breathalyzer test was refused. Mr. Snell
argued to the jury that such a substantial driving error would, if related
to intoxication, be substantial intoxication. But the evidence presented
didn't show that, and instead the driver was simply tired and also
sick. After deliberations the jury found our client not-guilty. As a result
there was no fine, no points, no DUI suspension, SR-22 insurance, interlock
device, or other penalty imposed.
-
Reckless Driving
DUI
Our client was observed driving his car off of the side of the road. Field
sobriety tests were administered that he allegedly failed. After being
arrested for DUI he provided a breath sample at 0.18. After review of
the evidence, and negotiation with the prosecutor, the charge was ultimately
amended to reckless driving.
-
Reckless Driving
DUI
Our client was stopped on the Interstate for driving over 100 M.P.H. The
police officer noticed open beers in the vehicle and our client admitted
to drinking. Field sobriety tests were administered and the officer reported
that our client "failed." After reviewing the evidence of the
case our lawyers determined that the field sobriety tests were not properly
administered or scored. Although our client refused the breathalyzer,
that suspension was also dismissed by the Office of Motor Vehicle Hearings
prior to the trial date. On the day of trial the DUI was reduced to reckless
driving. Our client paid a fine to the court for the reckless driving
and open container. He was not required to enroll in ADSAP, obtain SR-22
insurance, or have any license suspension.
-
Dismissed
DUI
Our client was involved in a single car accident. When the police responded
they reported the odor of alcohol and that he had performed poorly on
all standard field sobriety tests. He was arrested for DUI. At the jail
he provided a breath sample of 0.14. After identifying potential legal
issues with the case he was allowed to plead to reckless driving. The
DUI was dismissed.
-
Speeding Ticket
DUI
Our client was pulled over for speeding. When the officer approached the
vehicle he believed that the driver smelled like alcohol, and additionally
was lethargic indicating drug impairment. The driver did admit to taking
some prescription medication and to having drunk the night before. After
being arrested he provided a breath sample of 0.05. The DUI charge was
resolved through a plea to speeding.
-
Dismissed
DUI
We obtained a pre-trial dismissal on behalf of a client who was arrested
for DUI near Columbia, South Carolina. Our client was parked on the side
of the road with a flat tire. This case was dismissed after Mr. Snell
raised the availability of a defense based on an absence of evidence that
the defendant had put the vehicle into motion while under the influence
of alcohol.
-
Dismissed
DUI
Our client was charged with an ABC violation (open container of liquor)
and with DUI. After being arrested he provided a breath sample of 0.09.
On the day of trial the judge granted our motion to dismiss due to a failure
of the state to be able to maintain or provide discovery materials.
-
Public Disorderly Conduct
DUI
Our client was arrested at a vehicle license checkpoint for driving under
the influence. Prior to the case being called for trial the charge was
reduced to public disorderly conduct.
-
Speeding Ticket
DUI
Our client was arrested for a marijuana induced DUI. After a review of
the evidence in the case and negotiation with the prosecutor the charge
was amended to a speeding ticket.
-
Reckless Driving
DUI
Our client was arrested on I-20 and charged with DUI. The charge was based
on the our client's driving combined with admissions of prescription
drug use. Prior to trial the DUI was amended to a reckless driving.
-
Reckless Driving
DUI
Client was charged with DUI 1
st
and submitted a 0.18 breath sample. Our investigation indicated errors
in the police officer's investigation and handling of the case. As
a result the prosecutor agreed to reduce the charge to reckless driving.
-
Dismissed
DUI
Client was arrested for DUI. After submitting a 0.00 breath sample the
DUI case continued based on suspicion of drug impairment. Documents produced
pursuant to our discovery motions indicated that there were no drugs in
our client's system. As a result the DUI was dismissed prior to trial.
-
Dismissed
DUI
Our client was arrested for DUI after being stopped for speeding. After
our review of the evidence and pointing out shortcomings in the case with
the prosecutor all charges were dismissed prior to trial.
-
Disorderly Conduct
DUI
Our client was charged with DUI after being found asleep in a car parked
in the road. The DUI was dismissed in exchange for the client's plea
to disorderly conduct. Since this was not a moving offense, no points
were assessed, there was no license suspension, and no requirement of
SR-22 insurance.
-
Reckless Driving
DUI
Our client was charged with DUI at a 0.13 BAC level. The charge was reduced
to reckless driving.
-
Reckless Driving
DUI
Our client was arrested for DUI after his vehicle left the roadway and
entered a ditch. The charge was reduced to reckless driving.
-
Reckless Driving
DUI
Our client was arrested in the City of Columbia for DUI after he confessed
to the officer that he had taken prescription medication. After negotiations
the prosecutor agreed to dismiss the DUI in exchange for a plea to reckless driving.
-
Reckless Driving
DUI
Client was charged with DUI after being stopped at a Highway Patrol checkpoint.
Negotiated reduction to reckless driving.
-
Reckless Driving
DUI
Lexington County client charged with DUI. Client submitted a breath same
and registered a 0.20 BAC, which is substantially higher than the 0.08
guideline standard. After a review of the case James Snell found that
the arresting office had not fully complied with mandatory arrest procedures.
As a result of this review he was able to negotiate a dismissal of the
DUI in exchange for a plea to reckless driving.
-
Dismissed
DUI
Client was charged with DUI. After a pre-trial motion was made by Mr. Snell
due to a violation of the State DUI statute by the arresting officer (failure
to videotape the field sobriety tests) the charge was dismissed.
-
Reckless Driving
DUI
Our client was pulled over after a police officer observed him speeding.
He admitted to drinking a beer at a local bar, and then attempted field
sobriety tests. At the police station our client submitted a breathalyzer
reading of 0.12. After a review of the evidence and discussion with the
prosecutor the charge was reduced to reckless driving.
-
Dismissed
DUI
Our client caught the attention of law enforcement after spinning his tires
in a bar parking lot. He was pulled over in an adjoining parking lot.
He admitted to drinking beer, and then attempted field sobriety tests.
After being arrested for DUI was provided a breath sample of 0.18. After
retaining our office we field the necessary paperwork to help him challenge
both the implied consent suspension as well as the criminal DUI offense.
The charge was completely dismissed.
-
Dismissed
DUI
Our client was arrested and charged with DUI after running a stop light.
The charge was completely dismissed prior to trial.
-
Too Fast for Conditions Traffic Ticket
DUI
Our client was arrested on I-20 and charged with DUI. Our client was pulled
over for allegedly swerving out of his lane. Prior to the trial the DUI
was amended to a regular traffic ticket for too fast for conditions.
-
Dismissed
DUI
Our client was charged with DUI in Richland County. This was especially
concerning for him because he had plans on obtaining his CDL and becoming
a professional truck driver. On the day of his scheduled trial the case
was dismissed. As a result his record will be expunged and he is now eligible
to earn his CDL.
-
Reckless Driving
DUI
Our client was charged with DUI and submitted to a breath test registered
a 0.10. Our investigation into the facts of our client's arrest indicated
that there may have been an issue with whether or not the police officer
had legal justification to initially pull our client over. Prior to trial
James Snell negotiated a reduction to reckless driving with the prosecutor.
-
Reckless Driving
DUI
Our client was arrested for driving under the influence. He provided a
breath sample that came back at 0.20. This is a very high result, and
subjected him to the maximum penalties under South Carolina law for a
first offense. After negotiations with the prosecutor concerning legal
and other issues involved in the case we were able to negotiate a reduction
to reckless driving.
-
Dismissed
DUI
Our client was charged with DUI 1
st
by the Richland County Highway Patrol. After presenting the prosecutor
with documentation regarding our client's health condition the charge
was dismissed prior to trial.
-
Dismissed
DUI
Our client was charged with DUI 1
st
in Lexington County. After discussions with the prosecutor the charge
was dismissed prior to trial.
-
Reckless Driving
DUI
Client charged with DUI 1
st, Driving Under Suspension 3
rd, and Open Container. Our client plead to reckless driving, all other charges
dismissed.
-
Speeding Ticket
DUI
Client charged with DUI 1
st. Client was allowed to plead guilty to a speeding ticket and remit a fine.
-
Reduced to Reckless Driving
DUI
We represented a member of the military who was stopped for speeding. After
the officer learned the man had been drinking the night before he asked
him to perform field sobriety tests. The officer made an arrest for DUI
after feeling that the tests were “failed”. At the jail, the
man voluntarily provided a breath sample registering blood alcohol of
0.13%. After substantial negotiations with the prosecution, the charge
was reduced to reckless driving. This will allow our client to remain
in the military.
-
Plea to Open Container and Driving Too Fast for
DUI
Our client was charged with DUI, Driving Too Fast for Conditions and Open
Container. After notifying the prosecutor that the case was a trial, the
DUI was dismissed in exchange for a plea to Open Container and Driving
Too Fast for Conditions.
-
Traffic Ticket Improper Lane Change
DUI
We represented a driver who was stopped outside of Columbia, South Carolina,
after "cutting off" a police officer. According to the officer
the driver admitted to drinking, and stumbled upon exiting his car. He
was then arrested for DUI. After taking the case we learned that the police
officer failed to properly preserve the evidence. As a result we were
able to negotiate a resolution to an ordinary traffic ticket for an improper
lane change. The DUI was dismissed and removed from our client's record.
-
Reduced to Reckless Driving
DUI
James R. Snell, Jr., represented a client who had been arrested by police
officers in a city adjacent to Columbia, South Carolina. The client was
charged with DUI after going through a police checkpoint and then telling
the police that he had been drinking beer. Initially the prosecutor said
“no offer” and refused to reduce the charge. After evaluating
the case and alerting the prosecutor to several potential legal issues,
they relented and extended an offer of reckless driving. As a result our
client’s DUI arrest record is erased, and there is no requirement
to complete ADSAP or install an ignition interlock device.
-
Reduced to Speeding Ticket
DUI
James Snell represented a young man who was stopped by a police officer
after leaving a bar in the early morning hours. A review of the evidence
showed that there were significant weaknesses in the facts alleged by
the police officer to justify his assumption of impairment. After bringing
these issues up to the prosecution, the DUI was ultimately reduced to
a speeding ticket. As a result there is no DUI conviction, no ADSAP, no
SR-22 insurance, no interlock requirement and no license suspension.
-
Dismissed
DUI
Our client was arrested for DUI after his car was seen swerving all over
the road prior to rolling over in a ditch. A blood test showed a blood
alcohol level of over 0.16, putting the case in the highest category of
DUI in South Carolina. We defended the case by notifying the court and
prosecution that the charges were fully contested, and we objected to
the introduction of the blood test. The charge was dismissed prior to trial.
-
Reduced to Reckless Driving
DUI
We defended a client charged with DUI, open container and other related
charges. A police “drug recognition expert” determined that
our client was impaired by marijuana, and a drug test showed marijuana
and other drugs in our client’s system. The DUI charge was reduced
to reckless driving, a minor in possession of alcohol charge was sent
to the alcohol education program. Other charges were dismissed. This will
result in our client having a clean criminal record and a second chance
at a fully productive life.
-
Reckless Driving
DUI
Our client was stopped after other drivers reported seeing his vehicle
swerve. After being pulled over he was arrested and charged with DUI.
After being arrested he provided a breath sample of 0.18. The DUI charge
was resolved through a plea to reckless driving.
-
Reckless Driving
DUI
Our client was arrested for DUI after being pulled over for allegedly crossing
over the fog line. In addition our client admitted to having consumed
some alcohol and provided a breath sample of 0.11. Prior to trial the
DUI was dismissed and our client was allowed to plea to reckless driving.
-
Reckless Driving
DUI
Our client was involved in an incident where his vehicle ran off the road
and into a ditch. After being arrested for DUI he was taken the hospital
for an alcohol blood test. The result of that test indicated a blood alcohol
level of 0.11. Prior to the case being called for trial the charge was
reduced to reckless driving.
-
Dismissed
DUI
Our client was arrested for DUI and submitted a breath sample of 0.34.
After being retained our office filed a notice with the court that we
were fully contesting the charge and also submitted discovery motions.
Prior to the call of the case for trial the state's main witness was
no longer available to testify, and the state would not have been able
to proceed over our objections. As a result the charge was dismissed.
-
Reckless Driving
DUI
Our client was a nursing student charged with DUI. She provided a breath
sample of 0.17 (putting her in the highest category of DUI 1
st
cases). It was important for her to avoid a DUI conviction since she was
attempting to get into a competitive nursing program. After review of
her case and finding some potential issues and discussions with the prosecutor
she was allowed to enter a plea to a reduced charge of reckless driving.
-
Too Fast for Conditions Traffic Ticket.
DUI
Our client was arrested for DUI after being stopped at a police checkpoint.
At the police station he submitted to a breath test and blew a 0.10. After
discussing issues related to the checkpoint and the police procedure with
the prosecutor, the charge was reduced to a too fast for conditions traffic ticket.
-
Reckless Driving
DUI
Our client was charged with DUI after being observed driving the wrong
way on the interstate. A 0.20 breath sample was provided, making the case
prosecuted at the highest level for DUI 1
st
in South Carolina. After plea negotiations, the client's charge was
reduced to reckless driving.
-
Dismissed
DUI
Our client was charged with DUI and Speeding and refused the breath test
procedure. After plea negotiations he was allowed to enter a plea to the
speeding violation, resulting in a dismissal of the DUI charge.
-
Reckless Driving
DUI
Our client was stopped for DUI after another driver reported alleged erratic
driving. After being arrested he was taken to the police station where
he provided a 0.18 breath sample. After plea negotiations the charge was
reduced to reckless driving.
-
Reckless Driving
DUI
Our client was pulled over by city police after failing to use a turn signal.
He was subsequently arrested for DUI and provided a 0.12 breath sample.
The charge was ultimately reduced to reckless driving.
-
Case Dismissed
DUI
An area woman was arrested for DUI after her car drove into a ditch late
at night. She admitted to taking prescription medication and drinking
wine prior to the accident. The police officer reported that she showed
multiple signs of impairment during field sobriety tests. We conducted
a full evaluation of the circumstances of her arrest, and discovered that
the observable evidence on the officer’s camera didn’t match
up to the report. Additionally it appeared that the officer hadn’t
followed required procedures when making the arrest. As a result the DUI
was dismissed.
-
Charge Reduced - Did Not Lose Driver's LIcense
DUI
An area man was arrested for DUI after his truck ran off the road and into
a tree. He admitted to drinking prior to driving, and the officer reported
that he had slurred speech and smelled of alcohol beverages. The officer
also reported multiple failures during field sobriety testing. The charge
was ultimately reduced to reckless driving and our client’s criminal
record was cleared of the DUI arrest and he did not lose his driver’s license.
-
2 Point Traffic Ticket
DUI & Littering
Our client was charged with DUI 1
st
and littering. Both criminal charges were resolved through a negotiated
plea to a minor (2 point) traffic ticket.
-
Reckless Driving
DUI & Open Container
Our client was charged with DUI and Open Container. On the date of jury
selection the prosecutor agreed to dismiss the open container and reduce
the DUI charge to reckless driving.
-
Dismissed
DUI - Accident
Client was charged with DUI 1
st
after a traffic collision occurring in Lexington County. During a trial
held in the Lexington DUI Court, Mr. Snell made a motion to dismiss based
on the State's non-compliance with required arrest procedures, as
well as insufficiency of evidence actually presented to the Court. The
Court granted the motion, resulting in a total dismissal of the DUI charge.
-
DUI - Appeal Granted
Driving Under the Influence (DUI)
We were hired to file an appeal on behalf of an individual recently convicted
of DUI. They had originally hired another law firm, and after a trial
were found guilty. Mr. Snell prepared an appeal arguing that the court
had allowed the prosecutor to go into matters that were irrelevant and
improperly prejudiced the defendant. The appellant court agreed with the
appeal, and reversed the conviction.
-
Public Disorderly Conduct
DUI - Breath Test Refusal
Our client was charged with DUI and refused the breath test procedure.
After plea negotiations he was allowed to enter a plea to publically disorderly
conduct. This is a non-traffic related offense, meaning that although
our client had to pay a fine, his car insurance rates and license points
are not affected.
-
Dismissal
DUI - Marijuana
Our client was pulled over at night due to a burned out brake light. Client
admitted to the police that he has recently smoked marijuana. He participated
in field sobriety tests that according to the police indicated multiple
"clues" that he was under the influence. On the day his trial
was to begin the prosecutor and James Snell negotiated a resolution where
he would be allowed to plead guilty to a defective brake light in exchange
for a dismissal of the DUI.
-
DUI - Reduction to Speeding Ticket
Driving Under the Influence (DUI)
Our client was arrested for DUI after his car ran off the road and ended
up in a ditch. We notified the court and prosecutor we were fully challenging
the case. After obtaining discovery materials Mr. Snell discovered that
there were circumstances creating significant doubt that the state could
prove its case. As a result the prosecutor agreed to dismiss the DUI in
exchange for our client accepting a minimum speeding ticket.
-
Reckless Driving - Striking Fixtures
DUI - Striking Fixtures
Our client was charged with DUI and with Striking Fixtures. A private citizen
identified our client by car description and tag number as having committed
a "hit and run" on a mailbox. The police followed up by going
to the client's home and making the arrest. At the police station
our client refused the breathalyzer. After negotiations with the prosecutor
the charge was reduced to reckless driving and striking fixtures.
-
Reckless Driving
DUI 3rd Offense
Our client was charged with a DUI 3
rd
offense after being pulled over for allegedly swerving between lanes.
This was a felony charge pending in General Sessions. Field sobriety tests
were administered, and our client was told he "failed." After
a review of the evidence, including the video recording of the traffic
stop, we negotiated a resolution to reckless driving.
-
Acquittal
DUI Accident
A client was charged with DUI after a traffic accident (running off the
road and into a tree). He refused field sobriety tests or the breathalyzer.
After a jury trial he was acquitted of all charges.
-
Dismissed
DUI Accident
Our client was charged with DUI after being involved in a motorcycle wreck.
His blood alcohol level was tested at a 0.12, which is high enough to
put him at the mid-level for South Carolina DUI charges. James Snell was
retained and notified the court and prosecution that our client was pleading
“not-guilty.” After determining that there were circumstances
which prevented the case from going forward the DUI charge was dismissed
prior to the case going to trial.
-
Reckless Driving
DUI Accident
Client charged with DUI 1
st
after a single car accident. Allowed to plead guilty to reckless driving.
-
Reduced Reckless Driving
DUI Accident
Our client was charged with DUI after being involved in an accident. Our
client had taken the prescription drug Ambien. The charge was reduced
to reckless driving prior to trial. As a result our client’s driver’s
license was not suspended.
-
Reckless Driving
DUI Accident
Our client was arrested for DUI after being involved in a minor motor vehicle
accident. Although there was no alcohol in their system, the police believed
that there was evidence that they were under the influence of prescription
medications. The DUI charge was reduced to reckless driving.
-
Reversed Conviction, No Charges
DUI Conviction
Client was arrested for DUI. After being convicted at trial the South Carolina
Court of Appeals reversed the conviction, resulting in no charges for
our client. The grounds for the reversal were that the defendant was taken
off camera for the breathalyzer test. Although you could hear the test
being given, you could not actually see it. This resulted in a published
opinion which set precedent for other DUI cases in South Carolina.
-
Dismissed
DUI Drugs
Our client was charged with DUI based on suspicion of drug impairment.
The case was dismissed prior to being called for trial.
-
Reduced to Speeding Offense
DUI with Accident
Our client was charged with DUI after a minor car accident. She was taken
to the hospital and submitted to an alcohol and drug blood screening test.
The results came back at 0.22 BAC, triggering the highest level of DUI 1
st
in South Carolina including the new Emma's Law penalties. James Snell
filed specific court motions to challenge the admissibility of the blood
test results. On the day of trial the prosecution agreed to voluntarily
dismiss the DUI, and instead allow our client to plead guilty to a minimum
level speeding offense (2 points and an $81 fine).
-
Reckless Driving
DUI, Drug Possession
We represented a young man charged with DUI, drug possession, and other
related offenses. This was from a traffic stop where the officer claimed
to observe our client crossing the center line of the road. After extensive
negotiations, the DUI charge was reduced to reckless driving. The remaining
criminal charges were referred into pre-trial intervention.
-
Reckless Driving, Leaving the Scene Dismissed
DUI, Leaving the Scene of an Accident
Our client was charge with both DUI and leaving the scene of an accident.
We obtained the accident report, officer’s report, and a video of
the DUI field tests. We also notified the court that we would be fully
contesting the charges. Prior to trial he DUI was reduced to reckless
driving, and the leaving the scene was dismissed.
-
DUI Reduced to Reckless Driving
DUI, Possession, Open Container, Drug Paraphernalia
Our client was arrested for DUI, marijuana possession, open container of
alcohol, and drug paraphilia. After review of the evidence, and discussion
with the prosecutor, the DUI was reduced reckless driving and the open
container and drug paraphernalia charges were dismissed.
-
Plea Deal for Misdemeanor Assualt
DVHAN
Our client was charged with DVHAN for an alleged incident involving threatening
his spouse with a firearm. Client was permitted to plead guilty to misdemeanor
assault, allowing him to avoid prison time. This plea allowed our client
to remain in the military.
-
Plea Deal for Misdemeanor Assault
DVHAN
Our client was charged with DVHAN for an alleged incident involving assaulting
a former boyfriend. Client was permitted to plead guilty to misdemeanor
assault, allowing her to avoid prison time.
-
Plea Deal for Misdemeanor DV 3rd Degree
DVHAN
Our client was charged with DVHAN for an alleged incident involving threatening
his wife with a firearm. Client was permitted to plead guilty to misdemeanor DV 3
rd, allowing him to avoid prison time.
-
Reduced to Misdemeanor
DVHAN
Our female client was charged with DVHAN after an argument with her husband.
She was facing a mandatory prison term due to the seriousness of her charge.
After negotiations with the prosecutor the charge was reduced to a misdemeanor.
The client paid a small fine and was not sentenced to any prison or probationary sentence.
-
Treatment, Case Dismissed
DVHAN
Client was charged with felony DVHAN and facing one to ten years in prison.
Prior to contacting our office he was scheduled to plead guilty "straight
up" to felony 1st Degree Assault that carried up to ten years imprisonment.
After we were retained we were able to obtain an agreement with the prosecutor
to continue the case to allow the client to go to alcohol counseling.
After the client was successful in that program, and completed a 26 week
domestic abuse counseling program, the charge was dismissed.
-
Dismissed
Extortion
Our client was charged for an alleged extortion attempt. He was arrested
and the case prosecuted in General Sessions. After researching the law
and discussing the allegations in detail with the prosecutor the charge
was dismissed prior to trial.
-
Dismiss
Failure to Have the Proper Documents
Our client was pulled over by a small town police officer and cited for
failure to have proper documents. However the client did in fact have
the proper documents at the time he was stopped. Even though the officer
acknowledged that the client had the documentation he still wanted to
proceed with prosecution. At the call of the case the court granted our
motion to dismiss based on lack of probable cause and prosecutorial misconduct.
-
Dismissed
Failure to Stop for a Blue Light
Our client was charged with failure to stop for a blue light. This offense
carries up to three years in prison and is prosecuted in the Court of
General Sessions. The charge was dismissed prior to trial.
-
Not Guilty
Failure to Yield to the Right of Way
Our client was charged with failure to yield the right of way by the South
Carolina Highway Patrol. This was after a car accident resulting in property
damage. Failure to yield right of way is a four point ticket. After a
trial held in the Lexington County Traffic Court our client was found
not-guilty. As a result she did not have to pay any fine, have any points
go against her license, and the ticket will not increase her car insurance rates.
-
Petition Dismissed
Family Court Order for Protection
Our client was a wife whose husband served her with a Family Court Order
for Protection under the Domestic Abuse Act. He was seeking a finding
of misconduct on her part, along with financial and other relief. After
being retained we filed a motion with the court to dismiss. At the day
of the hearing rather than deal with a contested hearing the husband dismissed
the petition.
-
Dismissed
Felony 2nd offense Drug Possession, Possession of Contraband in a County Jail Facility
We were retained after our client had been served with a failure to appear
bench warrant. The underlying charges including a felony 2
nd
offense drug possession and a felony charge for possession of contraband
in a county jail facility. The felony charges carried sentences of up
to five years and ten years respectively. After an evaluation of our client’
discovery materials, including the prior record, it was determined that the 2
nd
offense charge was not supported. Although our client had already been
indicted by the county grand jury, the prosecutor agreed with our assessment
(which involved an analysis of another state’s laws). That reduced
that charge to a misdemeanor. The prosecutor offered to dismiss the remaining
felony as part of a plea agreement. Our client plead and received a “time-served”
jail sentence, which meant no further jail time or probation.
-
Charges Dismissed
Felony Domestic Violence
We represented a senior citizen charged with felony domestic violence.
This was a very severe charge that came as a result of an allegation that
her husband had been threatened with a weapon. That allowed our client
to return home. We also recommended our client voluntarily enter into
a counseling program. After completing that program all charges were dismissed.
-
Dismissed
Felony Drug Possession
We represented a young college student who was charged with a General Sessions
level drug possession offense. There were pills found in his car after
he was stopped for a traffic violation. The case was referred to pre-trial
intervention, and upon completion the charge will be dismissed and our
client’s record cleared.
-
Dismissed
Felony Drug Possession
Our client was arrested for a felony drug possession charge made during
a routine traffic stop. He wanted to join the military, but learned that
any resolution short of a complete dismissal could prevent that from happening.
This even would prevent PTI. We were able to negotiate an arrangement
were he plead guilty in traffic court, and as a result the drug charge
was completely dismissed.
-
All Charges Dropped
Felony DUI
We represented a client charged with Felony DUI w/ Great Bodily Injury. This is a serious offense carrying up to 15 years in prison. This charge was made after a serious wreck in which our client, along with other vehicle passengers, were injured. Our investigation revealed that the Highway Patrol has misidentified the driver of the vehicle, incorrectly charging our client. As a result of the information and witness statements obtained by this office, all charges against our client were dropped.
-
Dismissed
Felony Possession of Stolen Property
Our client was arrested for a felony possession of a stolen motorcycle
after being stopped by the Highway Patrol. When the officer ran the VIN
of the motorcycle it was flagged as being close to a VIN of a bike reported
stolen. Our client was arrested from the side of the road, taken to jail
and had his bike impounded. Although the initial "offer" from
the prosecutor was a request to plead guilty, the charge was ultimately
dismissed before the case was called for trial.
-
Dropped Charges
First Degree Burglary
Client was charged with first degree burglary and was facing 15 years to
life imprisonment. Initially he was represented by another law firm. At
a bond hearing an eyewitness identified him as the suspect and the court
denied bond. Mr. Snell was subsequently retained and after our investigation
discovered facts not found by the police the prosecutor agreed to drop
all charges.
-
Dismissed
Habitual Offender
Client was charged with violating the Habitual Offender law and facing
a possible sentence of up to five years imprisonment. The charge was dismissed
prior to trial.
-
Dismissed
Harassment
Our client was charged with harassment and his case was originally referred
to General Sessions. After reviewing the warrant the factual allegations
of the case Mr. Snell determined that the case should be remanded back
to misdemeanor court. After the case had been remanded it was ultimately
dismissed by the prosecutor on the day of trial. Our Our client will now
be eligible to have his record expunged (cleared) of any record of the charge.
-
Charges Dropped
Hit & Run
We represented a young adult who was arrested for hit & run after a
minor accident. Because the other car was occupied, the charge was prosecuted
in General Sessions and our client was facing up to one year in the South
Carolina Department of Corrections. We immediately noticed that there
were unusual circumstance and that the allegations seemed to sound a little
unusual. Ultimately it was determined that the situation stemmed from
a mental health episode. After a diagnosis was obtained all charges were dropped.
-
Dismissal
Hit & Run
Mr. Snell's client was charged with hit & run in Lexington County,
and faced a sentence of up to one year in the South Carolina Department
of Corrections. Client was referred into the pre-trial intervention program
resulting in a dismissal of the charge.
-
Dismissed
Hit & Run and Assault 2nd Degree
Our client was arrested for Hit & Run and Assault 2
nd
Degree. He was facing up to three years in prison. Our office conducted
a pre-trial investigation which uncovered additional evidence and a new
witness to his case. As a result all charges were dismissed.
-
Avoided Prison Sentece
Illegal Re-Entry into the United States
Client was charged with illegal re-entry into the United States. This was
a case pending in Federal Court and prosecuted by the U.S. Attorney's
office. After researching the client's prior record Ms. Snell was
able to determine that he did not have a prior drug conviction for sentencing
purposes as determined by the government. After sharing our legal research
the government changed its position on that issue, assisting our client
in avoid a recommended additional prison sentence under the Sentencing
Guidelines.
-
Single Misdemeanor & Time Served
Kidnapping & DVHAN
Client was charged with kidnapping and criminal domestic violence of a
high and aggravated nature. He was facing up to thirty years in prison
plus entrance on the sex offender registry. After negotiations with the
prosecutor the client's charge was reduced to a single misdemeanor
and he received a time served jail sentence.
-
30 Months Probation
Kilogram of Cocaine
We represented a client who was arrested with a kilogram of cocaine. This
is an approximate street value of $30,000. The case was referred to the
State Grand Jury after evidence was uncovered linking the cocaine to a
drug distribution conspiracy spread across multiple counties. South Carolina
law is extremely harsh for this amount of cocaine, and our client was
facing a minimum prison sentence of 25 years (no part of which may be
suspended). After a thorough investigation by James Snell, and an extensive
discussions with the state, the charge was ultimately reduced to a significantly
lesser offense, that while still carrying a possible lengthy prison time
also allowed the court to consider a non-custodial sentence. After agreeing
to this reduction, our client was ultimately sentenced to 30 months of
probation. This was considered a major success in that this reduction
and favorable sentence had the effect of saving our client literally decades
of prison time.
-
Charge Reduced to Reckless Driving
Leaving Scene of Accident, DUI
Our client was arrested for leaving the scene of an accident and DUI. The
leaving the scene charge carries a maximum sentence of up to one year
in prison, and is prosecuted in General Sessions. The client’s DUI
charge remained in traffic court. After filing our initial challenges
to both charges the prosecutor reviewed the evidence obtained by the police
officer and dismissed the leaving the scene charge. This left the DUI
still pending in Magistrate Court. Prior to the case being called for
trial the DUI was reduced to a reckless driving. This resulted in the
DUI being removed from our client’s record, and our client not being
subjected to a license suspension, SR-22 insurance, ADSAP course, or interlock
requirement.
-
Removed from Electric Monitoring
Lewd Act Upon a Minor
James Snell represented the first person to successfully petition the court
for removal of lifetime electronic monitoring requirements. The case involved
a man who was convicted of lewd act upon a minor (now known as CSC w/ Minor 3
rd
Degree). As a part of his sentence he was placed on the sex offender registry,
required to serve out a period of probation, and then under South Carolina
law was subject to continued electronic monitoring. After ten years a
defendant is eligible to petition the court for removal of this requirement.
Mr. Snell filed that motion, and then represented him at court hearing.
The judge found that he was eligible to have the electronic monitor removed.
-
Dismissed
Marijuana Possession
Our client was with a group of friends in a public setting when they were
approached by law enforcement. A small amount of marijuana was found and
the officer charged everyone present. Our client was concerned with how
this criminal charge might affect employment prospects. After explaining
our clients concerns to the officer Mr. Snell was able to obtain an agreement
resulted in our client’s charge being dismissed.
-
Charge Dismissed
Military Domestic Violence
Our client was active duty military. He was accused of committing an assault
against his wife. If he had been convicted he would have been automatically
discharged. On the day of trial the prosecutor offered a reduced charge.
After declining this offer and requesting a trial by jury the charge was
ultimately dismissed.
-
Dismissed
Minor Possession of Alcohol
Our client was charged with minor in possession of alcohol and an unlawful
identification card. Our client was a college student. Prior to trial
all charges were dismissed, our client was not required to enroll in any
program or pay any fine.
-
Charge Dismissed
Misdemeanor
We represented a client who was arrested as part of a police anti-prostitution
sting. Police had ran an advertisement enticing men to call for female
companionship. When men responded they were invited to an area motel,
and then once there summarily arrested. Our client got caught up in this
and was arrested and taken to jail. Our client really wanted to try to
keep this charge off of his record so as to not jepordize his future.
We began the process by notifying the court that we were fully contesting
the charge. Later, after some time we filed a motion to dismiss based
on an unusual circumstance that arose during the initial court date. As
a result our client’s charge was dismissed.
-
Not Guilty
Misdemeanor
Our client was handcuffed by area police while receiving a ticket for illegally
parking in the road. This was after he had objected to commercial traffic
using a private driveway in front of his house. We notified the prosecuting
officer that there was no evidence that our client was in a road and requested
that they dismiss the case. The prosecuting officer disagreed, and instead
called the case to trial before a jury. At the conclusion of the state’s
case the court returned a directed verdict of not-guilty.
-
Charge Dismissed
Misdemeanor
We represented a client charged with shoplifting in the City of Columbia
Municipal Court. This was after a major retail store’s loss prevention
officers accused our client of stealing. Our client really needed to avoid
being convicted of shoplifting so that he could keep his job. We began
the process by notifying the court that we were fully contesting the charge,
and that we would be preparing a comprehensive defense. Prior to the case
being called for trial the charge was dismissed.
-
Both Charges Dismissed
Misdemeanor
We represented a client charged with too fast for conditions and possession
of marijuana. After discussions with the officer on how the marijuana
charge could negatively affect our client's school and work situation,
the officer was so sympathetic he elected to dismiss both charges.
-
Misdemeanor \ Magistrate Court
Summary Court / Misdemeanor Charges
Our client was charged with failure to yield the right of way, and driving
with no proof of insurance. He had been involved in an accident causing
significant damage to both vehicles, along with possible medical treatment
sought by the occupants of the other car. The most concerning charge was
the operating uninsured- a conviction results in a 6 month license suspension,
which would cost him his employment. Most concerning was that on the day
of the accident he was in-fact driving uninsured. On the day of trial
we were able to negotiate a dismissal of that charge in exchange for accepting
the failure to yield ticket. As a result our client was able to keep his
license and employment.
-
Dismissed
Molestation of a Family Member
Our client was served with court paperwork filed by the Department of Social
Services seeking to place him on the central registry of abuse and neglect
based on allegations that he had molested a family member. A hearing was
held before a Family Court judge. After making a motion to dismiss, based
on an objection to unsubstantiated hearsay, the court granted the motion
dismissing the DSS petition. Our client was not required to register.
-
No Charged Filed
Molesting a Young Child
Our client was accused of molesting a young child. After we were retained
Mr. Snell notified the police department that our client would not be
consenting to any interviews and would not provide any statement. Ultimately
the investigation was closed without any charges being filed.
-
Reduced to Reckless Driving
Motorcycle DUI
Our client was charged with DUI and driving under suspension after allegedly
being found “passed out” on a motorcycle. After negotiations
with the prosecution the DUS was dismissed and the DUI was reduced to
reckless driving.
-
Dismissed
Multiple Counts of Armed Robbery
Client was charged with multiple counts of armed robbery as part of a home
invasion scheme. There were multiple eyewitnesses, not all of whom cooperated
with law enforcement. Investigating police officers reported, at least
initially, that the client had confessed. All charges were dismissed prior to trial.
-
Dismissed
Open Container
James Snell represented a client charged with an open container of alcohol while she was sitting in the passenger seat of a parked vehicle. Mr. Snell was able to negotiate a dismissal of the charge with the citing police officer at a pre-trial hearing held in the Magistrate Court.
-
Dismissed
Possession of Cocaine and Drug Paraphernalia
Our client was charged with possession of cocaine and drug paraphernalia
after the police conducted a raid at a house he was visiting. We notified
the prosecutor’s office that no plea deals would be accepted and
that the case should be scheduled for trial. As a result all charges were
dismissed.
-
Charges Dismissed
Possession of Crystal Meth & Criminal Conspiracy
Client was charged with possession of crystal meth and criminal conspiracy
in General Sessions. This was after law enforcement responded to a "party"
in a motel room. All charges were dismissed prior to trial.
-
Dismissed
Possession of Marijuana
Our client was arrested for simple possession of marijuana. This was based
on a traffic stop where a small quantity of a “green, leafy substance”
was found inside the car. After notifying the officer that we were fully
challenging the case, and requesting copies of drug analysis, in-car video,
chain of custody materials, and other documents that the officer would
need to produce to prove the case all charges were ultimately dismissed.
-
Dismissed
Possession of Marijuana, Driving Without Proof of Insurance and Speeding
We represented a client who was charged with possession of marijuana, driving
without proof of insurance and speeding. After showing proof of insurance
that charge was dismissed. Mr. Snell was also able to negotiate a dismissal
of the marijuana charge in exchange for paying the speeding ticket fine.
Our client received a too fast for conditions ticket after being involved
in a minor accident. After notifying the court and police officer that
our client would be requesting a fully contested trial the ticket was
dismissed.
-
Charges Dismissed
Public Disorderly Conduct
Our client was arrested for public disorderly conduct. He was arrested
after police responded to a 911 report that he had been acting strangely
on the side of the road. Our client was a business professional, and did
not have the character of someone who would be doing anything illegal.
When the officer responded he did find our client outside close to the
the road (and in the vicinity of his house) where he was going about his
regular activities, nothing inappropriate. After further investigation
Mr. Snell believed that a health condition that our client has was mistaken
by the officer as being symptomatic of drug or alcohol intoxication. We
obtained medical records and forwarded them to the prosecutor and other
documentation of how the symptoms can be mistaken for intoxication. After
the case was set for trial, but prior to the date of court, the prosecutor
elected to dismiss the charge.
-
Dismissed
Public Disorderly Conduct and Trespassing at a Hotel
Our client was charged with public disorderly conduct and trespassing at
hotel. The allegations included behaviors indicative of intoxication.
We obtained copies of our client's recent medical records to show
that the behaviors indicated were likely the result of a medical condition.
As a result the prosecutor and judge agreed to a pre-trial dismissal of
both charges.
-
Charged Dropped
Rape of Teenage Daughter
We were hired to represent a man charged with the forcible rape of his
teenage daughter. This was an extraordinarily serious allegation, and
our client was facing decades of prison time. Mr. Snell used the preliminary
hearing to learn how insufficient the police investigation had been. He
then reviewed the discovery materials and found multiple examples of inconsistent
statements, including evidence likely manufactured by the accuser. After
advising the prosecutor that no plea bargain would be accepted the charges
were dismissed.
-
Dismissed
Receiving Stolen Property
We represented a young man who was charged with receiving stolen property.
The factual background was that an area homeowner reported having items
stolen. The homeowner conducted his own investigation and found the items
at a local resale shop. Law enforcement was contacted and a "detective"
obtained the receipt and the surveillance footage where the stolen items
were sold by another young man. When the "detective" approached
the young man who sold the items to the store he said he didn't steal
them, and instead he obtained them for free from our client in a parking lot.
Satisfied with this version of events the "detective" arrested
and charged our client with a crime. At the initial court appearance the
"detective" informed attorney James R. Snell, Jr., that this
case was "open and shut". Undeterred, we notified the court
that we were requesting a fully contested trial and obtained the services
of a defense investigator. We were able to establish proof that our client
was the victim of a conspiracy to frame him, and that he was completely
innocent. The charge was then fully dismissed before trial.
-
Dismissed
Reckless Driving
Client was charged in municipal court with reckless driving. On the day
of jury trial the court granted a motion to dismiss on the basis of a
discovery violation by the police officer. The charge was dismissed.
-
Dismissed
Reckless Driving
Client was criminally prosecuted for reckless driving. He had actually
been arrested and taken to jail for the charge. On the day of his trial,
Mr. Snell notified the prosecutor that his client would not be pleading
guilty. As a result, the prosecutor finally dismissed the charge. This
will result in an expungement of our client's record.
-
Recommendation Dismissed
School Expulsion
Our client was a middle-school student who was put up for expulsion based
on allegations that he had sexually assaulted another student. After a
hearing in which the totality of the circumstances were explored and challenged,
the expulsion recommendation was dismissed and our student was allowed
back to school with only a minor misconduct finding.
-
Recommendation Dismissed
School Expulsion
Our client attended a local high school. He was recommended for expulsion
based on allegations of bullying and making racists threats. After a hearing
in which the school continued to press for expulsion our client was allowed
to return to his classes.
-
Dismissed
Second Degree Burglary
Client was arrested for second degree burglary related to a house break
in. He was referred into the pre-trial intervention program (PTI) which
resulted in all charges being dismissed.
-
Case Closed
Sexual Abuse
Client was accused of sexually abusing a five year old child. This had
been reported to law enforcement after a forensic interviewer indicated
allegations that were suggestive of abuse. Prior to meeting with law enforcement
the client contacted Mr. Snell who advised not to meet with or speak to
the police. He recommended a private polygraph examination which the client
was able to successfully pass. These results were forwarded to the investigator
who then closed the case.
-
No Charges Filed
Sexual Abuse of a Child
We were retained to represent a young father who was under investigation
for sexually abusing his child. Prior to our being retained both parents
had meet with the police and had allowed their child to be interviewed.
The parents were not allowed to listen in on the interview, but the interview
gave them both the impression that the child had made a credible report
of abuse. In addition the father had voluntarily participated in a police
interrogation session and was told that he appeared deceptive. Although
this seems like significant evidence of guilt, we know from representing
other clients in similar investigations that you cannot be sure that the
feedback clients have received is accurate and that the police aren't
simply on a fishing expedition. A few days later we were notified that
the police were dropping the investigation and no charges would be brought.
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No Charges Filed
Sexual Abuse of a Family Member
Mr. Snell was hired to provide representation of a client during an investigation
related to a report that he had sexually abused a young family member.
Police had attempted to contact him at his job, and he was worried that
if just word of the allegations got out it could cost him his employment.
We notified the police that he had hired Mr. Snell, and that all future
communications must be directed only to our office. We were able to oversee
a defense investigation which demonstrated that the allegations were false.
As a result no charges were filed.
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Dismissed
Sexual Assault
We represented a man who was in the process of going through a divorce.
During the pendency of that his wife contacted law enforcement and filed
charges that he has sexually assaulted her. As a result he was arrested
and charged with spousal sexual batter, this is a major felony that carries
a lengthy prison sentence as well as mandatory sex offender registration.
After reviewing the accusations and employing our own investigator, all
charges were dismissed.
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Investigation Closed
Sexual Assault
A grandfather retained us to assist in a police investigation stemming
from an allegation that he had sexually abused his granddaughter. The
allegation was very serious, and he could have faced up to a life sentence.
There were however some inconsistencies with the girl’s story. Mr.
Snell recommended that we conduct a polygraph in our office to try to
prove our client’s innocence. Our client was successful. The results
were provided to law enforcement which ultimately closed the investigation
without bringing charges.
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No Charges
Sexual Assault of a Young Child
We represented an area school employee accused of sexually assaulting a young child. Our client contacted us as soon as they knew of the allegation. This was prior to being contacted by the police or actually arrested. After notifying the police that we were representing the accused, the investigator contacted our office requesting to interview our client. Mr. Snell determined that this interview, or any cooperation, would not be in our client's best interest and declined the arrest. Ultimately, the case was closed with no charges being brought.
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Dismissed
Sexual Conduct with a Minor 2nd Degree
Our client was a young gay man. Through a smart-phone dating app ("Grindr")
he met a teenager who had registered into the site as an eighteen year
old gay man. The teenager was in fact fifteen years old. As a result of
the two meeting our client was charged with Criminal Sexual Conduct with a Minor 2
nd
Degree and Contributing to the Delinquency of a Minor. The Criminal Sexual
Conduct charge is a serious felony in South Carolina carrying a maximum
sentence of up to twenty years and requiring registration on the sex offender
registry. We submitted our client to a comprehensive psychological evaluation.
We also arranged for a comprehensive defense-oriented follow-up investigation.
As a result of the specific circumstances of this case the prosecutor
agreed to dismiss the most serious Criminal Sexual Conduct charge and
allow the Contributing to the Delinquency of a Minor charge to be resolve
through Pre-Trial Intervention (PTI). As a result of this resolution our
client's criminal charges are both dismissed, the record of the arrest
is expunged from his record, he is not required to register as a sex offender,
and he did not have to do any jail time, serve any probation, or pay any fine.
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Dismissed
Shoplifting
Our client was arrested for shoplifting at a major retailer. After obtaining
documentation that our client's circumstances may be related to a
medical condition all charges were dismissed by the prosecutor prior to trial.
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Dismissed
Shoplifting
Our college aged client was arrested for shoplifting after an incident
in a local drugstore. Prior to our client having to appear in front of
a judge we negotiated entrance into the pre-trial intervention (PTI) program.
Once our client completes the program the charge will be dismissed.
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Dismissed
Shoplifting
Client was arrested for shoplifting by the Spartanburg County Sheriff's
Department. After retaining our office, we filed and served a jury trial
request and discovery motions to require the prosecutor to turn over documentation
about the case. On the day of trial, the prosecutor still had not responded
to our discovery motions and did not otherwise have any witnesses to present.
At the call of the case, Mr. Snell made a motion to dismiss for lack of
prosecution; in response the prosecutor agreed to dismiss the charge.
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Dismissed
Shoplifting
We represented a man who was charged with shoplifting from a local retailer.
After notifying the court that we were contesting the charge, and requesting
documentation relevant to the arrest include any video recording, all
charges were ultimately dismissed.
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Dismissed
Simple Assault
Client was arrested and charged with simple assault on an EMS worker. On
the day of trial he was requested to plead guilty and not pay any fine.
After declining to plead guilty it was learned that the prosecuting police
officer had not come to Court. The Court then dismissed the case. Subsequently
the police appealed and the dismissal was affirmed by the Circuit Court.
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Dismissed
Simple Possession of Marijuana
Our client was charged with Simple Possession of Marijuana. James Snell
filed motions to require the prosecutor to turn over all the paperwork
related to the drug test and proof the substance was correctly placed
into police evidence. When the case was first scheduled for trial the
officer had not complied with this motion. The court continued the case
to allow the prosecutor to comply. After the prosecutor turned the material
we determined that the alleged marijuana had been destroyed by the Sheriff's
Department prior to the court date. As a result the prosecutor did not
have any drugs to submit into evidence, nor were any alleged drugs available
for a defense evaluation. On the date of the rescheduled trial the judge
granted Mr. Snell's motion to dismiss. Our client's record will
be automatically expunged by the court.
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Dismissed
Simple Possession of Marijuana
Client was charged with simple possession of marijuana, possession of alcohol
by a minor and a seatbelt violation. Ultimately, it was agreed that in
exchange for admitting guilt for not wearing a seatbelt and payment of
a $25 fine, the remaining two criminal charges against our client would
be dismissed.
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Dismissed
Simple Possession of Marjiuana
Client was charged with simple possession of marijuana after being stopped
for speeding. The court granted a motion made by Mr. Snell to suppress
the marijuana as being the result of an improper search made by law enforcement.
The charges against the client were subsequently dismissed by the Court.
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Dismissed
Speeding & Marijuana Possession
Client was cited for speeding and possession of marijuana after being stopped
on Interstate I-95 traveling to Florida. The police agreed to dismiss
the marijuana charge in exchange for pleading guilty and remitting a fine
to the lowest level of speeding in South Carolina.
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Charges Dismissed
Stalking
James Snell was retained to represent a client charged with stalking of
an ex-girlfriend. Our client was very concerned that this charge could
jeopardize his career. During his review of the case, Mr. Snell discovered
that the police investigator had issued a subpoena in violation of South
Carolina law. Ultimately the charge was dismissed prior to trial, and
the arrest has now been expunged.
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House Arrest & Probation
Theft of Public Funds
Client was charged with theft of public funds (over $125,000) in a case
prosecuted in Federal Court by the U.S. Attorney's office. Client
retained Mr. Snell as soon as the law enforcement investigation began
in earnest, allowing us an opportunity to be involved with an FBI investigation.
Even though our client had confessed to embezzlement of a high dollar
amount, the case was ultimately resolved through a sentence of house arrest
and probation.
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Dismissed
Theft of School Money
James Snell represented a high school student that was charged with theft
of some school money. There were two other co-defendants also charged.
We immediately began by notifying the court that we were contesting the
charge and requested a full copy of the police records about the case.
After our review it appeared that there was no actual evidence connecting
our client with any theft. At the pre-trial conference we notified the
prosecuting officers that our client would not be considering nay plea
bargain or PTI referral. The case was then scheduled for trial. On the
day of trial the case was dismissed. Our client’s record is being
expunged, and he did not have to pay any fines, fees, court costs, or
go into PTI.
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Dismissed
Theft of School Tablet
Client was charged with theft of a school for a tablet after signing for
it to be sold to a local pawn shop. The tablet was recovered and returned
to the school. After payment of restitution to the pawn shop both the
shop and the school agreed to have the charges dismissed.
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Dismissed
Theft, Break-In of an ATM
We defended a client who was charged with the theft and break-in of a bank
ATM. The charges included safecracking, S.C. Code § 16-11-390, which
carries a potential prison sentence of up to thirty years. After investigating
the circumstances of the case we were able to determine that there was
insufficient evidence against our client. After notifying the prosecution
that we would be taking the case to trial all charges were ultimately
dismissed.
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Reduced to Reckless Driving
Third DUI
Our client was charged with his third DUI. Our office previously represented
him on his two prior offenses, both of which were reduced to non-DUI offenses.
In his last case he was observed to be weaving by the police officer.
After being pulled over the officer believed that he was under the influence
of alcohol and\or medications. Prior to trial this DUI was reduced to
reckless driving.
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Reduced to Reckless Driving
Third DUI
We represented a client arrested for DUI by a local Sheriff’s Department.
He tried to cooperate during the arrest, answering all the officer’s
questions and even giving a breath sample. This meant that the evidence
against him included admitting multiple drinks, performing poorly on standardized
field sobriety tests, and a breath test result showing a 0.18 BAC (making
the case the most serious type of DUI 1st under South Carolina law). After
fully examining the evidence and discussions with the officer the charge
was reduced to reckless driving. This will erase the DUI arrest from our
client’s record and really give him a 2nd chance at a fully productive life.
Our young client was facing a third DUI arrest. We recommended an immediate
intervention into a counseling and treatment program. After review of
the evidence we uncovered details that would make it difficult for the
prosecutor to prevail. As a result the charge was ultimately reduced to
reckless driving. As a result our client was able to avoid jail time and
had the DUI arrest record removed.
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Probationary Sentence Accepted
Trafficking
We represented a young adult who was pulled over on I-95 while driving from Florida to New York. Our client's failure to use a turn signal while making multiple lane changes was captured on the police officer's dash-cam, documenting a legal basis for the traffic stop. The client gave consent to the police officer to search the rental car he was driving. Over a kilogram of cocaine was discovered. Upon roadside questioning, given after Miranda, our client admitted to being a "mule", being paid to transport the cocaine. As a result, the police officer charged him with trafficking, and he was facing a minimum of a 25-year prison sentence. This was a situation where there was not any available legal or factual defense, however, based on our client's young age, complete lack of criminal history, and how it appeared he had been taken advantage of by the real professional drug dealers, it would be completely unfair to subject them to that high of a sentence. After lengthy negotiations with the prosecutor, the charge was lowered to a level allowing for the possibility of a probation sentence. At the court hearing, the judge agreed to accept that reduction and sentenced our client to a probationary sentence under the youthful offender act. This allows our client the opportunity to avoid any prison sentence and to eventually obtain a full expungement of this charge off of his record.
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Dismissed
Trafficking Cocaine
We represented a client charged with trafficking cocaine. The charge was the result of a search made after a traffic stop. Mr. Snell argued that although there was a trafficking level quantity of cocaine found in the vehicle, there was not enough evidence to show that our client was in possession of the cocaine or even knew of its existence. All charges were dismissed.
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Dismissed
Trafficking in Crack Cocaine
Client was charged with trafficking in crack cocaine and was facing up
to twenty five years in prison. After investigating the circumstances
surrounding the arrest surrounding the arrest all charges were dismissed
pre-trial.
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Dismissed
Trafficking in Marijuana
Client was prosecuted for trafficking in marijuana. Our client was a resident
where law enforcement executed a search warrant and found several bales
of marijuana. All charges were dismissed prior to trial.
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Dismissed
Trespassing
Client was charged with trespassing on neighbor's land following a
dispute. At the day of trial the charges were dismissed by the arresting officer.
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Dismissed
Trespassing
Our client was criminally charged with trespassing at a large store. At
the pre-trial conference held in the Magistrate's court, the charge
was dismissed.
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Not Guilty
Tresspassing
Our client wanted to report a complaint involving the conduct of a police
officer. He made the "mistake" of trying to do so in-person
at the police station. In response to his complaint, the police officer
elected to arrest him for trespassing. At trial the Court granted our
motion for directed verdict, entering a finding of "not guilty."
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Dismissed
Two Counts of Attempted Murder
We represented a client charged with two counts of attempted murder after he was accused of shooting a high-powered rifle into a car. We immediately recognized that there was minimal evidence our client was the actual shooter. At the conclusion of the preliminary hearing, Mr. Snell made a motion to dismiss for lack of probable cause. Although it is very unusual for this type of motion to be granted, the court granted the motion resulting in the charges against our client being dismissed.
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Reckless Driving
Underage 21
Our client was arrested for a "zero tolerance" DUI based on being
under 21. She admitted to drinking and attempted field sobriety tests
but refused the breathalyzer. After notifying the prosecutor of potential
legal issues with the case the charge was reduced to reckless driving.
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Dismissed
Unlawful Assault
Client was charged with an unlawful assault on a child who had been slapped
in the face. Prior to retaining our office the client had admitted to
striking the child. After discussions with the prosecutor all charges
were dismissed prior to trial.
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Dismissed
Unlawful Conduct Towards a Child
Our client was charged with unlawful conduct towards a child. This is a felony carrying up to 10 years in prison. The charge came about after a young infant was taken into the emergency room for injuries. We obtained the relevant medical records which indicated that there was insufficient evidence of any criminal action by our client. Although a plea offer was made by the prosecutor, our client declined. Ultimately, the charge was dismissed prior to trial.
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Not Guilty
Unlawful Discharging of a Firearm
A client was charged with unlawfully discharging a firearm inside city
limits. The charge was for shooting a pistol in an apartment complex parking
lot early in the morning while in an argument. After a jury trial he was
found not-guilty of the charge.
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Charges Dismissed
Unlawful Prescription Drug Possession
Client was charged with unlawful prescription drug possession. This was
a case prosecuted by the Solicitor's office in General Sessions. After
discussions with the prosecutor the charges were dismissed.
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Probation Reinstated
Violating Probation
Client was arrested and charged with violating his probation. He was facing
a revocation of up to ten years, which was requested by his probation
officer. After a hearing his probation was reinstated and he was allowed
to return home.