202003.27
0

Frequently Asked Questions About South Carolina Juvenile Court

What happens when a minor is arrested in South Carolina? The South Carolina Department of Justice (DJJ) will conduct an “intake” to complete a comprehensive psychological, social, and educational assessment of the child. A caseworker with DJJ will be assigned, and will interview the child and the child’s parents or guardian to compile background information….

202003.09
0

Criminal Law and the CDL

CDL AND REQUIREMENTS A Commercial Driver License (CDL) is a driver license authorizing an individual to drive a class of commercial motor vehicle, which is defined as any motor vehicle designed or used to transport passengers or property if the vehicle: has a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the…

202002.29
0

DUI: Field Sobriety Tests

in DUI

A driver suspected of DUI will almost always be requested to perform Field Sobriety Tests (FSTs). While it is not uncommon for an officer to request a driver to perform any number of tasks, such as touching the tip on one’s nose with the index finger or going through the alphabet backward A driver suspected…

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,...