202002.26
0

The Right To A Unanimous Jury Verdict

Does a state court criminal defendant have the right to a unanimous jury decision to convict? In all but one state, Oregon, yes. The Sixth Amendment guarantees a unanimous jury verdict in federal criminal trials. Currently, however, any state could enact a non-unanimous rule. For example, in Oregon, since 1934, a criminal defendant can be…

202002.18
0

How Do I Hire a Criminal Defense Attorney

Years ago, someone arrested for and accused of a criminal offense relied on “word of mouth” in searching for a criminal defense attorney. However, times have changed, and now the most likely move is to reach for a smart phone, tablet or computer. A Google search for a criminal defense attorney will result in pages…

202002.18
0

South Carolina Asset Forfeiture Laws Ruled Unconstitutional

South Carolina’s laws permitting law enforcement to seize and retain a person’s property, including cash, vehicles, and even homes, upon an arrest for a South Carolina Drug Crime has been found unconstitutional by a Circuit Court Judge in Horry County, South Carolina. Routinely, the South Carolina Criminal Defense Attorney is faced with the situation of…

201912.06
0

Anatomy Of A Felony Criminal Jury Trial

Hollywood has indeed created memorable courtroom dramas: 12 Angry Men; The Verdict; Judgment at Nuremberg; To Kill a Mockingbird; Anatomy of a Murder; A Few Good Men; and my second favorite, My Cousin Vinny. However, in the fictional movies, filmmakers are able to set the environment, pick a portion of the trial on which to…

201910.28
0

The Right to a Unanimous Verdict

          Does a state court criminal defendant have the right to a unanimous jury decision to convict? In all but one state, Oregon, yes. The Sixth Amendment guarantees a unanimous jury verdict in federal criminal trials. Currently, however, any state could enact a non-unanimous rule. For example, in Oregon, since 1934,...
DUI: The Legal Limit Myth
201706.05
0

DUI: The Legal Limit Myth

in DUI

The expression that an individual charged with Driving Under the Influence (DUI) was over the limit as regards the person’s blood alcohol content (BAC) perpetuates yet another DUI myth. First, let me explain what is being expressed. Most often, as there are exceptions, an individual arrested for DUI will be offered the opportunity to submit…

DUI:  Drinking and Driving is Illegal is a Myth
201705.30
0

DUI: Drinking and Driving is Illegal is a Myth

in DUI

Misinformation as to South Carolina DUI law is more than common. I refer to these items of misinformation as DUI “myths,” and on occasion, they pose a threat to freedom and justice. One myth is that it is illegal to drink alcohol and drive. The current problem is that many law enforcement officers now believe…

201705.23
0

DUI: The Aftermath

in DUI

Driving under the influence (D.U.I.) can be a very expensive and very serious crime for anyone convicted. The process is a long, humiliating and costly price to pay in order to get back your driver’s license. This doesn’t just include the overnight stay at a local police station or the initial fine you are given…