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

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

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

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

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

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

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

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

Shoplifting charges in SC can happen to anyone. We have seen people from all walks of life who have been accused of shoplifting – some who had a “momentary lapse of reason” and others who were falsely accused by overzealous, aggressive loss prevention employees. Below, we will discuss the different types of shoplifting charges in SC, including: Statutory definitions of shoplifting, Potential penalties for a conviction, and The difference between shoplifting and “retail theft” charges. Shoplifting Charges in SC: SC Code § 16-13-110 Most people think of shoplifting charges as a person conceal ..read more

Possession with intent to distribute, or PWID, is when a person is charged with possessing a controlled substance that they intend to sell or distribute. Intent is a thing that is only in a person’s mind, though – how can they prove that? Below, we will discuss all you need to know about possession with intent to distribute charges, including: The statutory definition of PWID, The difference between PWID, possession, trafficking, and distribution, How the state can prove intent to distribute, and The potential penalties for possession with intent to distribute charges in SC. What is Possess ..read more