Trial Theory
111 FOLLOWERS
Trial Theory Blog is a forum to discuss trial theory, creative trial preparation, life as a trial lawyer, criminal defense law and appellate opinions specific to South Carolina, and life in general. The primary author is criminal defense lawyer Lacey Thompson in Myrtle Beach, South Carolina.
Trial Theory
3M ago
Why do you do it? Why do you represent those people?
The question implies a lifetime of watching television shows and movies – fiction, mostly – where the good guys wear blue, and the bad guys always get locked up.
Occasionally, if an innocent person gets caught up in the criminal courts, our fair and righteous justice system will sort it out and the truth will be told, right? Anyway, if they didn’t do this thing, they probably did something, right?
Do you think that you don’t need to worry if you have nothing to hide? That everyone gets their day in court, and there is equal protection under ..read more
Trial Theory
3M ago
South Carolina’s legislature passed a Constitutional Carry Law this year, H. 3594, which was signed by the governor and went into effect on March 7, 2024.
SC gun laws now permit anyone who is not otherwise prohibited (by their criminal record, for example) to carry a handgun anywhere in the state (except for a limited number of areas like prisons and courtrooms) without a permit.
In this article, we will go over the most recent changes to SC gun laws in 2024, including:
Open carry and concealed carry laws in SC in 2024,
SC’s constitutional carry law, and
Criminal gun charges in SC.
Constitu ..read more
Trial Theory
10M ago
Just because you did it doesn’t mean you’re guilty…
People are still talking about this billboard, and they are mostly describing it as “sleazy” or “unethical” lawyer advertising. Is it “lowering the bar,” though? Non-criminal defense attorneys might think so – you know, the ones in the white-collar firms who would never take one of those cases…
It’s not unethical, though. It’s also not sleazy, although that’s in the eye of the beholder.
It is a true statement about the standard of proof in every criminal case in our country – Beyond Any Reasonable Doubt.
What Do We Mean When We Say, “Just Be ..read more
Trial Theory
1y ago
Is there a backlog of untested rape kits at SLED, South Carolina’s state law enforcement agency?
The South Carolina Law Enforcement Division (SLED) handles the DNA testing for most of our state’s law enforcement agencies, including the testing of rape test kits collected in hospital emergency rooms around the state.
According to Fox Carolina, SLED has denied multiple FOIA requests since August of this year requesting information about the number of untested rape kits in SLED’s possession – why didn’t they want to release this information?
The media report says that SLED did provide some infor ..read more
Trial Theory
1y ago
A lesser-included offense could make the difference between prison time or probation, prison time or a fine, or substantial prison time or a short stint in the county jail, whether you are accepting a plea offer or taking your case to trial.
But what does it mean? How do you prove it?
Below, we will cover the basics of lesser-included offenses in SC law, including:
The “elements test” to determine whether a crime is a lesser-included offense of another greater crime,
Why lesser-included offenses matter in a guilty plea or criminal trial,
Examples of lesser-included offenses, and
Case law def ..read more
Trial Theory
1y ago
If you are paying attention to the news, you may think that South Carolina has a brand-new fentanyl trafficking law that, for the first time, allows law enforcement to arrest drug dealers for trafficking fentanyl, with more severe penalties than ever before for a drug crime in our state.
Much of that is not true.
We do, however, have a new law that criminalizes the possession and trafficking of fentanyl. Below, I’ll look at the details of SC’s new fentanyl trafficking law, including:
Potential penalties for fentanyl trafficking,
Potential penalties for other fentanyl crimes in SC, and
A brea ..read more
Trial Theory
1y ago
South Carolina has new bond laws – “bond reform” that 1) is intended to keep accused repeat offenders in jail before their trial, but that also 2) ensures rich people who are charged with a crime can get out of jail pending trial while poorer defendants will continue to stay behind bars.
SC’s new bond laws include:
A new crime for committing a violent offense while out on bond,
A requirement that defendants who are accused of a new violent crime while out on bond pay any new bond in full and in cash,
Automatic revocation of a previous bond if a defendant is accused of a new violent offense ..read more
Trial Theory
1y ago
SC’s ignition interlock device program is getting an overhaul in the 2023 amendments to SC’s DUI laws, including new requirements for ignition interlock devices for first-time DUI and DUAC convictions and for implied consent violations.
Below, we’ll provide some cliff notes and thoughts on the new law, including:
What an ignition interlock device is,
When you are required to install an IID, and
What will change with the 2023 amendments to SC’s DUI laws.
What is the Ignition Interlock Device Program in SC?
An ignition interlock device, or IID, is a handheld breathalyzer that is attached to y ..read more
Trial Theory
1y ago
Drug manufacturing charges in SC may include:
Growing marijuana,
Operating a “meth lab,”
Pressing pills, or
“Cooking” crack cocaine in your kitchen.
Any time a person produces or creates a controlled substance, it can result in charges for drug manufacturing.
What is drug manufacturing and how do people get charged with it? Below, we will discuss:
What drug manufacturing means under SC law,
The potential penalties for drug manufacturing charges in SC,
Manufacturing marijuana charges, and
Manufacturing meth charges and related offenses including meth labs, possession of precursors for manuf ..read more
Trial Theory
1y ago
South Carolina has a “three strikes law,” and we also have a “two strikes law,” both of which are also called SC’s “life without parole,” or LWOP laws.
Below, we will discuss SC’s LWOP law, including:
The offenses that fall under SC’s three strikes law,
The charges that come under SC’s two strikes law, and
When two or more closely connected offenses are considered one offense for purposes of the LWOP statute.
SC’s Three Strikes Law – Two Strikes Law
South Carolina’s life without parole (LWOP) law is found in SC Code Section 17-25-45. Under this law, a person can be sentenced to life without ..read more