In typical court proceedings, an arraignment occurs when a person goes in front of a judge and is formally advised of what charges are being brought against the defendant. In the larger districts, like New York and Los Angeles, the arraignment occurs at the very beginning of the process and culminates with the defendant entering a plea, usually of “guilty” or “not guilty.” In South Carolina, it’s a little bit Read More

What is Unlawful Carry of a Pistol?

People are generally aware of the fact that every state’s laws may differ, but it’s a rare person who goes to the effort to fully research those differences before visiting a new state. And in most cases, that works out fine – you may end up with a traffic ticket you wouldn’t have received in your home state, but that’s not the end of the world. Of course, if traffic tickets were the worst consequence, we wouldn’t be Read More

What is an Open Container Charge?

When one goes on vacation to Myrtle Beach, one expects to enjoy themselves. A popular method of relaxation is a day at the beach – which is often, for folks 21 and older, accompanied by an adult beverage. We all know that it is illegal to drink and drive, and we’ve already discussed how there are laws regulating the consumption of alcohol on the beach, but we haven’t yet acknowledged that even the containers from Read More

Understanding Diversion Programs

Being charged with a crime does not mean that you will be convicted of a crime. While most defendants would prefer to have their charges simply dismissed outright, that is not a common outcome. Instead, many defendants are offered the chance at a Diversion Program which, if completed successfully, would result in dismissal of the charges. In general, Diversion Programs require participants to pay some fee or fine and Read More

I Have to Do ADSAP Twice?

When you are charged with a DUI in South Carolina, you might also have your license suspended. Either, or both, of these issues could result in the requirement to take South Carolina’s Alcohol and Drug Safety Action Program (ADSAP). And yes, since there are two different reasons that you might be required to take ADSAP, that also means that there may be a scenario in which you take the course not once but twice. As Read More

What Does a Defense Attorney Actually Do Once Retained?

If you’re considering hiring an attorney to represent you on a criminal charge, you may find yourself wondering whether you even need one. If you’ve already hired an attorney to represent you, you may find yourself wondering what, exactly, you are paying for. So, what do attorneys do once they’re hired? The goal of a defense attorney is to find the most reasonable or best outcome for their client. Depending on when Read More

I Failed PTI, Now What Happens?

If you are given the opportunity to do a Pre-Trial Diversion program, we hope that you will take that opportunity seriously. But we also understand that our clients are human and that there are a variety of reasons why a person might “fail” or be kicked out of their PTI program. The good news is that this is not a worst-case scenario. You still have options if you don’t complete your PTI Program. When you sign up for Read More

When Am I Required to Comply with a Law Enforcement Officer?

Unless complying with the Officer would violate your rights, the short answer is you should always comply with law enforcement. It’s important to know what your rights are regarding what a law enforcement officer is allowed to do or to ask from you, and there are times when you can refuse a request made, but if the request does not violate your rights, the best response is to comply. When might I find myself in this Read More

What is (Simple) Possession?

(Simple) Possession is a term that refers to a drug charge in a weight of drugs generally considered to be intended for “personal use.” First Offense Possession charges are usually classified as misdemeanor drug charges in the state of South Carolina*. Second or subsequent offenses are generally classified as felony charges. Whatever the classification, a Possession charge can have very serious consequences if a Read More

What Is Drug Court in Horry County?

In Horry County, if you are charged with a Drug offense or other non-violent offense in General Sessions and are not eligible for Pre-Trial Intervention, you may be eligible for Drug Court. Drug Court is an intensive judicially supervised treatment program for individuals who are addicted to or dependent on drugs, alcohol, or other controlled substances, who are committed to recovery, and who are willing and able to Read More