WHEN CAN THE POLICE SEARCH MY CAR? The Fourth Amendment to the United States Constitution ensures that citizens are “secure in their persons, houses, papers, and effects against unreasonable searches and seizures.” What does this mean in practice in relation to automobiles? 1. Police officers can ask a person's consent to "search" a vehicle for …
Effective October 1, 2014, South Carolina will alter how it handles licensing convicted drunk drivers. First time offenders will be required to install ignition interlock devices in their automobiles before being licensed to drive again. An ignition interlock device is similar to a mini-breath test device. It plugs in your car and requires a breath …
FIVE FACTS ABOUT THE BERKELEY-CHARLESTON CRIMINAL JUSTICE SYSTEM 1. We have three types of courts that hear criminal cases, (1) municipal, (2) magistrate, and (3) general sessions. Generally, municipal court and magistrate court hear offenses that carry up to thirty days in jail such as speeding tickets, simple possession of marijuana, and DUI. 2. If …
FIVE THINGS TO KNOW REGARDING SOUTH CAROLINA'S DUI LAWS There are no breath tests conducted at the roadside. This means that when a person is given the opportunity to provide a breath sample, they are already arrested and will most likely be facing a DUI or DUAC charge. You have the right to refuse the …
I am often asked by friends and family members questions regarding the etiquette of South Carolina courtrooms. Here are some basic recommendations based on my observations over the years. 1. Dress: Many lawyers feel like their clients need to be dressed a certain way based on the type of case. Generally, male litigants can do …
SOUTH CAROLINA CRIMINAL TRIALS I have set my life upon a cast, and shall stand the hazard of the die… Richard III, William Shakespeare Five things to know about criminal jury trials in South Carolina 1. Trials are governed by the South Carolina Rules of Evidence and South Carolina Rules of Criminal Procedure along …
Are tougher DUI laws on the way? The National Transportation Safety Board wants to change the limit from .08% to .05%. Your thoughts? http://www.cnn.com/2013/05/14/us/ntsb-blood-alcohol/ If you have been charged with a probation violation, traffic ticket, criminal offense, or a DUI, feel free to contact me to discuss your options. At my office, you will receive …
BRIEF OVERVIEW OF SOUTH CAROLINA PROBATION Generally, Judges in criminal cases sentence people to either (1) fines, (2) prison/jail, (3) probation or (4) a combination. What rights do you give up if you are put on probation? 1. If you are convicted of a crime that carries a year or more in jail, you are …
SOUTH CAROLINA ROADBLOCKS During the holiday and summer months, roadblocks are a common occurrence in South Carolina. I represent people charged with traffic, criminal, and DUI offenses arising out of roadblocks. The 4th Amendment to the U.S. Constitution requires all "seizures" to be reasonable. A traffic stop is a seizure for purposes of the 4th …
SC CRIMINAL DOMESTIC VIOLENCE & HUNTING/FIREARMS Criminal Domestic Violence (CDV) is a crime in South Carolina. The law provides that It is unlawful to cause physical harm or injury to a person's own household member; or offer or attempt to cause physical harm or injury to a person's own household member under circumstances reasonably creating …