Categories of Criminal Cases That We Can Help You With:
Possessory Crimes (possessing it is illegal)
1. It can be against the law to possess, possess with the intent to distribute, manufacture, distribute or traffic in (trafficking is just possessing a lot of a substance) any substance placed by the United States government on Schedules I-V of the Controlled Substances Act. Further, it can be against the law to possess some of these substances without a valid prescription.
2. The punishments for these offenses are in enhanced (are more punitive, are “worse”) if you have previous convictions for controlled substances.
3. Some drug offenses (distribution within a school zone, trafficking cocaine, for example) are “Strike” offenses. Strike offenses can be used to enhance sentences. A person who has two previous strike offenses and is charged with a third strike offence may receive a sentence of life without parole upon conviction of the third strike.
4. Additionally, some drug offenses are labeled as “Violent” crimes under our law. The sentences for these offenses are calculated at a higher rate than for non-violent offenses.
1. Possession of firearms are generally prohibited in South Carolina subject to a few common exceptions.
2. Firearms may not be carried in your pocket, waistband or coat without a concealed weapons permit.
3. Firearms may not be carried in your car unless they are stored in a closed compartment that can be locked (like the trunk or glove compartment). Guns may not be carried under your seat like in most states.
4. Certain people (some felons) cannot possess firearms. Certain firearms may not be legally possessed (sawed-off shotguns, stolen firearms).
There are many valid defenses to a drug and gun charges, including an illegal search and seizure, lack of consent, lack of probable cause or reasonable suspicion, mere presence (“I was just standing there”), and lack of actual or constructive possession just to name a few.
Burglary: This is entering into the dwelling or place of business of another with the intent to commit a crime therein (usually steal something). Burglary can carry up to five years, ten years, fifteen years or life without parole depending of the facts of a case.
Larceny: This is another word for stealing. Larceny can be a felony or misdemeanor depending on how much was taken.
Stealing can come in many forms and is covered by many statutes: Breach of Trust, Embezzlement, Use of a Vehicle Without Permission, to name just a few.
Persons Crimes: These are crimes committed against individuals and are treated more seriously under our law and many are “Strike” and “Violent” offenses: Robbery, Assault and Battery, Criminal Sexual Conduct (Rape), and Murder. Many of these offense have minimum mandatory sentences. For example, a person convicted of Armed Robbery must receive a sentence of at least 10 years in prison, even if the judge would like to sentence the person to less.
Alcohol Related Crime:
DUI: Driving a motor vehicle while impaired by alcohol or drugs is a misdemeanor on the first conviction and a felony, given enough convictions. The punishments increase with subsequent convictions as well. To prove a DUI the prosecutor and the officer must follow the DUI must follow the statutes very closely.
Felony DUI: It is illegal to operate a motor vehicle under the influence of alcohol or drugs and violate a traffic statute and cause the death or great bodily injury of another.
Criminal Cases We Can’t Help You With: We have not found one yet.
When should I get an attorney?
Now. Having an experienced attorney can influence all aspects of the criminal process so the sooner the attorney is working on your case the better the outcome is likely to be. Criminal matters don’t go away by themselves. Often having an attorney involved from the moment that you are contacted by law enforcement can make the difference between charges being brought or the embarrassment and inconvenience of arrest being avoided. Also, many important events, such as preliminary hearings, can be waived if you do not exercise your right to the hearing early on in the process.
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