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
How Long Does It Take to Get Evidence in My Case?
So, you’ve hired an attorney and they have submitted a Brady Motion requesting the evidence in your case. How quickly can you expect to start reviewing that evidence? What Kinds of Evidence Exist? The most common forms of evidence in a criminal case are police reports and car/body camera footage, but these are not the only type of evidence. Police reports and camera footage are created on or shortly after the date Read More
Is it Illegal to Drink on the Beach?
Imagine, if you will: it’s a perfect, sunny day. The sky is a shade of blue to rival the ocean that meets it on the horizon. The ocean waves are ideal for whatever water activity you have planned. The breeze is just enough to cool, but too light to kick up any sand into your drink. And that drink? It’s an ice-cold beer or a perfectly smooth daiquiri. It’s every vacationer’s dream. Until it isn’t. What that vacation Read More
Federal vs. State Drug Crimes
Federal drug crimes are, essentially, the same as state drug crimes. All of the different drug types that are illegal to either possess or sell in state court are also illegal to possess or sell in federal court. There are a couple of areas in which the federal and the state differ regarding drug crimes, some small, some major. One of the minor differences between federal and state drug charges is a matter of Read More
What About My Right to a Speedy Trial?
It is important to understand that the court systems in every state, county, and municipality operate a little differently from one another. While you may be familiar with the general process in one court system, you may find that the courts just one county over have a strikingly different process. The court procedures which we are most familiar with, New York and Los Angeles thanks to film and television, should Read More
What is a Bench Trial?
Courtroom Most people are familiar with what a Jury Trial is because we see them all the time in film and on television: you have a jury of twelve sitting in a jury box while a prosecutor and a defense attorney take turns calling witnesses and objecting to one another’s questions, after which the jury deliberates and decides whether the defendant is guilty or not guilty. A Bench Trial is different because you do Read More
What are Good Questions to Ask a Potential Attorney?
If you’re looking to retain a lawyer to defend you on a case, there are certain things that it would probably behoove you to ask them. It’s helpful to have someone that you relate to and who you can tell your story to, tell what’s going on in your life, and to have someone who cares about you and genuinely wants to help you. But retaining a lawyer is not just about you feel good about emotionally, you should also Read More
Quick Guide to CSC Charges in South Carolina
Criminal Sexual Conduct charges in South Carolina are the crimes of sexual assault, rape (including date-rape and statutory rape), and child molestation. Sexual assault charges are sub-divided between conduct against an adult (Criminal Sexual Conduct) and conduct against a non-adult (Criminal Sexual Conduct with a Minor), which is further sub-divided based on the age of the alleged victim at the time of the alleged Read More