Understanding the Difference Between Probation and Parole

Getting arrested can be frightening and confusing. There are several potential outcomes from sentencing and it is important to understand what exactly is taking place and what is expected of you. Two terms which occasionally are not correctly understood, especially by first time offenders, are “probation” and “parole.” Probation A person is given probation rather than being sentenced directly to prison or jail. Read More

Objection, Your Honor! Hearsay.

Generally speaking, criminal trials have extremely strict rules regarding what evidence can and cannot be utilized in court in order to demonstrate a person's guilt. These rules are intended to systematize the legal process and ensure everyone has an equal entitlement to a fair trial. They are intended to protect defendants from having evidence twisted and presented in a manner that portrays them as guilty, even when Read More

What to Expect When Someone Else Gets a DUI in YOUR Car

A family member or friend asks to borrow your car, and being the good person that you are, you let them take it. No big deal, right? Well, what happens if they get charged with Driving Under the Influence while operating your motor vehicle? It is important to note that in South Carolina a person can be charged with DUI not only if they are driving while under the influence or alcohol, but also if they are under Read More

Understanding Conspiracy Charges

Anyone without a legal background or more advanced knowledge of the law may be perplexed to learn of the existence of a criminal charge known as “conspiracy.” More than likely for most people this word evokes images of wild-eyed fanatics in tinfoil hats spouting off about the JFK assassination or the moon landing. However, unlike most conspiracy theories, criminal conspiracy charges are very real and very serious, Read More

What You Need to Know About South Carolina Sobriety Checkpoints

If you plan to operate a vehicle in the state of South Carolina, particularly if you are considering drinking any amount of alcohol beforehand, you should be acutely aware of the possibility of running into a police Sobriety Checkpoint. Alternately known as roadblocks, DUI checkpoints, and mobile checkpoints, this type of police tactic is perfectly legal in South Carolina, and is intended to weed out inebriated Read More

4 Common Misdemeanor Misconceptions

Take a second and look up the word “misdemeanor” in a dictionary. Merriam-Webster defines it as “a crime that is not very serious.” Google explains that it is “minor wrongdoing.” These type of results are exactly what is wrong with the public perception surrounding misdemeanors. A misdemeanor is a criminal offense that is considered to be less serious than a felony, but more serious than an infraction. And Read More

One’s Own Recognizance: The “Get Out of Jail Free” Card

After an arrest is made, most people have some understanding of how the process usually plays out. Generally, the accused will face an arraignment and bail will be set. They will then have to put up money or property to fulfill the bail amount or face the prospect of sitting in jail until their trial. For more detail on bail, please read our previous blog on the subject. However, did you know that it is possible Read More

What to Do and What Not to Do When a Warrant Is Issued for Your Arrest

Having a warrant issued for your arrest can be an incredibly confusing, and exceptionally frightening situation. Many people, due to a lack of knowledge of how the process works, will let these emotions get the better of them, causing them to take ill-advised actions in response to discovering the warrant. An arrest warrant is a form of authorization granted by a judge that allows law enforcement to arrest an Read More

A Brief Guide to the Career Impacts of a Misdemeanor Conviction in South Carolina

A far too common misconception about criminal law is that a misdemeanor is not a big deal, or that it does not have any lasting effects beyond the penalty or sentence for the crime itself. Unfortunately, this is simply not the case, as we’ve discussed in a previous blog titled There’s Nothing Minor About a Misdemeanor, which you can read here. A misdemeanor has the potential to haunt you for years after you’ve Read More

The Knock & Talk: What to do When the Police Ask to Search Your Property

The text of the Fourth Amendment of the US Constitution states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This is one of the Read More