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

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

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

Why should I hire a lawyer before I am charged with a crime?

We are often contacted by individuals who have had the police stop by their house or call them requesting information. The reason for this police contact may be that these individuals are suspected of criminal activity, or that the police believe they may know something about some criminal activity they are investigating. Regardless of why the police wish to speak to someone, it is important to know that every Read More

Search and Seizure: When Can the Government Invade Your Privacy?

Imagine this scenario: You’re sitting at home when you hear a knock at your door. You open it to find a couple of local police officers in front of you, asking if they can take a look around your house. Understanding whether you are legally obliged to allow them to conduct a search of your home, or if you are within your rights to refuse them, is critical. Many people believe that they are obligated to permit Read More

Understanding the Criminal Appeals Process

If you are found guilty of a crime, but feel that the law wasn’t applied correctly or adequately in your case, you have the right to appeal. Whether the conviction takes place at the federal or state level, you can still try to appeal it by arguing that there was a mistake made during the trial that could have influenced the jury against you, and ultimately affected the outcome. The handling of appeals cases is Read More

A Brief Guide to Drug Crime Punishments in South Carolina

Unlawful drug offenses in South Carolina include the purchase, sale, trafficking, distribution, manufacturing, possession, or possession with intent to distribute controlled substances. Every one of these offenses is aggressively prosecuted by law enforcement and the Circuit Solicitor’s Office in an attempt to clean up the streets. If you’re convicted of a drug crime, you’ll find yourself facing heavy fines and Read More