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

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 plea bargain is accepted or the trial 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 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 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

Probable Cause Explained

Probable cause is a significant part of the arrest process. It is a term that law enforcement officers rely upon to support their reasons for arresting a suspected criminal or obtaining evidence pertaining to a suspected crime. The term can be defined as having an objective belief that a crime has been committed and that a particular person is responsible for that crime. Having probable cause is what motivates a Read More

You Have the Right to Remain Silent: Understanding the Miranda Warning

It was the Supreme Court ruling in Miranda v. Arizona in 1966 that forever changed the way that police officers read suspects their rights before taking them into custody for questioning. It’s something you have likely heard on television crime dramas, but do you fully understand what it means? Read on to find out. The standard Miranda warning is as follows: "You have the right to remain silent. Anything you Read More