Maybe you are applying for jobs, maybe you’re applying to school, or maybe you’re just being proactive about your background. Either way, you may find that you have arrests or convictions listed on your background check that you want to get removed. There are a few things you should know when considering clearing up your criminal record in South Carolina. Clearing your record generally means getting charges expunged Read More
Should I Answer Questions from a Law Enforcement Officer?
We are frequently approached by people who have had a law enforcement officer come to their home or business asking them questions. These people want to know if a) they need to answer these questions and b) they should have an attorney present when speaking to these law enforcement officers. There’s really no complete right or wrong answer to these questions. Should somebody answer questions from any law Read More
What Makes a Felony DUI?
What makes a DUI a felony in South Carolina is that someone is hurt, or possibly killed, as a result of a DUI accident. There are two types of Felony DUI, depending on the result of the accident. A Felony DUI with Death is very serious – like a homicide, it carries up to 25 years in prison. A Felony DUI with Great Bodily Injury carries up to 15 years in prison. All the elements of a Felony DUI are the same, except Read More
What Are Federal Sentencing Guidelines?
Judge gavel, scales of justice and law books in court In Federal Court, sentencing after a conviction or plea bargain can be fairly predictable. This predictability comes from the fact that most (though not all) federal courts will fairly closely follow Federal Sentencing Guidelines. Knowing what these Guidelines look like means that a lawyer can have a pretty good idea of what sentence is most likely before the Read More
Federal Fraud Charges: Mail, Wire, Bank, Mortgage, and Medicare
There are several types of fraud cases which are prosecuted in the federal courts rather than the state court. The federal government has the authority to prosecute whenever a federally funded or charted institution, such as a Bank or Medicare, is involved. In some cases, in order for a charge to be prosecuted in the federal court, it is given a somewhat generic title which gives the federal government the authority Read More
Should I be Worried About Hiring Someone with an H-1B or J-1 Visa?
Questions are often raised by people who own companies or factories about whether they should be worried about hiring employees from other countries that come here on a J-1 visa (a student visa/travel visa) or on an H-1B visa (a work visa). For both visa types, if you are in strict compliance with the visa requirements, no, you need not worry. But, if you’re not in strict compliance with the visa requirements, then Read More
Can the Police Actually Lie to Me?
We get a lot of questions about whether the police can or do lie to people. This is an important question and the answer to it is why we encourage anyone who believes they are being investigated by the police to contact an attorney immediately. The short answer to the question of whether the police can lie to you is: yes. Yes, the police can, and often do, lie to people during the course of an investigation. As far Read More
A Brief Overview of Hate Crimes
A hate crime is defined as a criminal offense that is carried out due to an underlying prejudice or hostility towards a particular person or group of people. If the motivation for the crime was because of disability, religion, sexual orientation, or race, this could be classified as a hate crime. If a judge rules that a criminal act is a hate crime, they can impose a more severe sentence on the defendant under the Read More
Understanding the Difference Between Theft, Larceny, Robbery, and Burglary
It is easy to get theft, larceny, robbery and burglary confused, and often these terms are used interchangeably. While they all do involve taking someone else’s property without their permission, there are, however, essential differences between them. Let’s take a look at each one individually. Theft/Larceny The terms Theft and Larceny are both used to refer to the act of a person taking another person’s property Read More
3 Dangers of Representing Yourself in Your Criminal Case
There are a few reasons why a defendant might want to represent themselves in court. Some think they cannot afford a lawyer; others have a misplaced sense of mistrust in the system, which makes them feel they can represent their own interests better. They may wish to plead guilty and therefore think that hiring a lawyer is pointless or they may believe that if they don’t hire a lawyer, they won’t have to play by the Read More