Category: Criminal Defense
What is the Difference Between a Felony and Misdemeanor?
When we hear about criminal charges, we often hear the terms misdemeanor and felony, but many of us don’t know exactly what that means. A misdemeanor is a much less serious crime than a felony, and most of the time a person charged with a misdemeanor will see a judge…
Arson Charges a Serious Crime in South Carolina
A man is being charged with two counts of arson after setting ablaze two rental properties. The properties are owned by Governor McMaster, though authorities do not believe his office was motive for the crime. The fires caused approximately $450,000 in damage and forced the evacuation of numerous residents. There…
Legal Consequences of a DUI With a Child in the Car
If you make the decision to operate a motor vehicle under the influence of alcohol such that your blood alcohol concentration levels are above the legal limit, you may suffer legal consequences if you are stopped, arrested, and charged with a DUI (Driving under the influence of alcohol). However, if…
Consequences of Drug Use in the Military
If you are a member of the military in South Carolina and live on any of the military bases, you must follow a strict code of conduct established by the military. In some cases, the pressures of military life can tempt a service member to use drugs. This decision can…
Insanity Defense in Criminal Cases
In certain criminal cases, certain defendants believe that they should consider pleading the insanity defense. This defense is a complicated one and requires essentially that a defendant fully admits that they committed the crime, but that due to their insanity they should not be held responsible for their actions or…
Why Should I Appeal My Criminal Case?
If you were arrested, charged, and convicted of a crime, you still have legal options regarding your criminal case. You have the right under the law to appeal your conviction, which is a process that investigates whether or not the court’s legal basis for their decision in your case was…
Prosecutorial Discretion and Your Criminal Case
If you were arrested for any type of crime, the prosecutor in your local District Attorney’s office will make the final determination regarding which crime will be charged against you in your case. This prosecutor will not only determine whether a crime will be charged, but also what severity of…
You Have the Right to Remain Silent
Everyone has heard it on television and in the movies: “You have the right to remain silent.” If you have been arrested or charged with any type of criminal activity, this becomes a much more serious phrase. In fact, you have a right under the Constitution of the United States…
Legal Search Requirements in South Carolina
The Fourth Amendment to the United States Constitution protects you from unreasonable search and seizure, but what does that mean? Generally speaking, police will need to obtain a warrant prior to searching or taking anything from your home and car. However, there are exceptions to this requirement, particularly in emergency…
What Is Disorderly Conduct?
Disorderly conduct is a general term which can include any of the following on public property: Obvious, extreme intoxication Using profanity Firing a gun while under the influence or pretending to be under the influence It is important to note that a public place does not have to be publicly-owned…
