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Criminal Appeal Lawyer in Myrtle Beach, SC

If you have been convicted of a crime in SC, or the court made a mistake in your sentencing hearing, that’s not necessarily the end of the road. Depending on which court your conviction was in and the potential grounds for relief, you can file a direct appeal to the next higher court, and then [..]

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Animal Cruelty in SC – is Fish Abuse a Crime?

Animal cruelty is a crime in SC – people are often arrested for alleged mistreatment of dogs, horses, or other pets or livestock. Where do we draw the line, though? Most charges of animal cruelty in SC are related to neglect or mistreatment of dogs or horses, although the law clearly applies to most animals. [..]

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No Faretta Warning? PCR Granted…

In Osbey v. State, the SC Supreme Court granted post-conviction relief (PCR) to Osbey, reversing his convictions for trafficking in cocaine base and possession with intent to distribute cocaine base because he pled guilty to the charges with no attorney and there was no valid waiver of his right to counsel. When is it okay for [..]

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How Do You Represent a Guilty Client?

How do you represent a guilty client? It’s one of the more common criminal defense questions, asked by unintentionally self-righteous friends and family who have never been confined within the concrete and steel of a jail cell. Most people don’t understand why a criminal defense lawyer does what they do, and, after they ask and [..]

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Should I Take the First Plea Offer?

I can’t tell you how many times I’ve heard defendants (but not their attorneys) say, “should I take the first plea offer?” “Never take the first plea offer” is a myth that is often repeated by inmates talking at the jail. I’m not saying you should take the first plea offer. Or the second, third, or fourth [..]

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Marijuana Trial? Not Without a Chemist…

How do you win a marijuana trial? When the prosecution does not call their chemist as a witness in a marijuana trial, the drugs do not come into evidence. No drugs = directed verdict (when the court “dismisses” the case at the halfway point because there is insufficient evidence for a guilty verdict). Every case is unique, [..]

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What is a Preliminary Hearing in SC?

What is a preliminary hearing in SC? If you’ve been charged with a General Sessions level offense in SC, you only have ten days to request a preliminary hearing – request the hearing or have your attorney request the hearing asap. You can waive it later if needed, but you can’t go back and ask [..]

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Should South Carolina Lower the DUI Limit to .05?

Should SC lower the DUI limit to .05? The federal government, MADD, and other advocates for modern alcohol prohibition are still pushing for a nationwide limit of .05 for driving under the influence (DUI, DWI, OWI) charges. Utah is the first state to fall into line, with its new DUI laws going into effect this [..]

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