South Carolina Criminal Lawyer Blog

The Charleston Courier is reporting that a Conway, South Carolina man has been charged with murder. The murder charge stems from a road rage incident in Horry County. Horry County Sheriff's department arrested David Pacheco on Saturday night at the scene of the shooting. This Conway murder charge may not be as strong of a case as one might think. The Charleston Post and Courier are reporting that Pacheco shot and killed Victor Arce after Arce intentionally caused a wreck. Pacheco will have some real defenses to these charges. The Horry County Solicitor's office will prosecute the case and the case will be before a General Sessions judge in Conway.

Pacheco will have the opportunity to hire a criminal defense lawyer in Conway or any criminal defense lawyer in South Carolina. Pacheco will most likely not face the death penalty in this case because there was not premeditation prior to the killing. Many times the a case with similar facts would expose a defendant to a plea offer ranging from 10 years to 25 years. Unless Pacheco is willing to plead guilty to many years in prison, he must get a trial attorney to prepare his case. Many times people hire lawyers who have never had a trial or litigated any case to verdict.

Continue reading " Conway Man Charged with Murder " »

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Posted In: Murder

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Economist Al Parish was in the news again after the accounting firm Legare & Bailey agreed to pay 952,000.00 to potential claims from investors. The firm has stated that it was unaware of any investor fraud by Parish, but there were indicators that should have raised "red flags." It is rare for a party that is not indicted to contribute to loses created by one of its clients. Usually, for this to occur, there is a possible threat of prosecution. Many times the lead defendant will also implicate the accounting firm in the fraud prosecution. This sharing of the blame will allow the defendant to cut his time and any possible fine. Enron and its' accounting practices were one of the first large scale examples of this type of federal indictment.

Parish has appealed his sentence arguing that it is to high for a fraud indictment. His appeal will go to the Fourth(4th) Circuit Court of Appeals in Richmond, Virginia. The appeal of his sentence will be based on the Federal Sentencing Guidelines. His prison exposure is based in large part on the amount of money he is alleged to have taken in the fraud scheme. In this case, if he plead guilty to 66 million there is very little the appellate court will change on appeal. His key appellate issue will be to argue that the trial court failed to consider mitigating factors. Our appellate attorneys in South Carolina have over 14 appeals currently docketed with the 4th Circuit Court of Appeals. This Court is one of the more conservative appellate courts, but they do review each appeal in great detail. We have had great success appealing verdicts and trial court rules in Florida, South Carolina and Georgia.

Continue reading " Charleston Man Sentenced for Investor Fraud " »

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Posted In: Fraud

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Charleston police have arrested two men for burglary charges from several areas around Charleston. The defendants are alleged to have committed dozens of daylight burglaries in the Charleston area. Police have stated that one subject has admitted to participating in several of the burglaries. In South Carolina, these burglaries are taken very seriously and the defendants will be facing a substantial amount of prison time if convicted. It will be impossible to prove all the burglary cases against these men because of the volume of cases. The key to defending these cases against these men will be to prevent them from confessing for all the alleged burglaries. Many times the police department in South Carolina will close many cases with one defendant based only on the statements of the defendant. There is apparently at least one eye witness against one of the defendants. The defendant was identified in a photographic lineup. Eye witness identification has come under extreme scrutiny in the past several years because of many misidentifications causing innocent men to be sent to prison. One key issue for any Charleston attorney that represents this defendant will be a motion to suppress the identification.

Continue reading " Charleston Burglars Arrested " »

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Posted In: Burglary

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4 people have been arrested by the Drug Enforcement Unit near Conway, South Carolina. The defendants have been charged with distribution of marijuana, possession of marijuana with the intent to distribute and trafficking marijuana in close proximity to a school. All these charges expose the defendants to prison time. The case will be prosecuted at the Conway Courthouse. All the defendants are out on bond. They most likely used a Conway Bail bondsman or a Myrtle Beach bail bondsman so they did not have to post the entire bond. Our Conway attorneys are available for bond hearings with in hours of getting notice. We are able to attending the hearings and most likely get the bond lowered.

Continue reading " 4 People Arrested for Marijuana in Conway " »

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Jose Contreras plead guilty to bank fraud in Federal Court in Columbia this week. Contreras was charged with defrauding a bank from November 2003 thru October 2005. The defendant is alleged to have opened accounts at a bank and received loans under the social security number of his brother and father. The case was started when the defendant failed to pay back the bank loans. Contreras will be sentenced by the federal court via the United States Sentencing Guidelines. This guidelines will be important for the defense attorney to evaluate in order to determine the defendants prison time exposure. The article was list on the Charleston Post and Courier website. There was no mention of bond or who is defending Contreras.
Contreras guideline range will be determined by the amount of money his is alleged to have taken. If he is able to repay the money, there could be a reduction in his possible prison sentence. The more money the government can prove that he took, the more prison time he will be facing. If he has any prior convictions, he will be exposed to an increased prison sentence. Our South Carolina Criminal Defense attorneys are experienced in defending bank fraud cases.

Continue reading " Columbia Court Sentences Defendant for Bank Fraud " »

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Posted In: Federal Crimes

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In recent news, the actor Christian Bale has allegedly been arrested and released on allegations of assault in London. Bale's mother and sister stated that Bale assaulted them at a hotel Sunday night, just before the new Batman movie, The Dark Knight, premiered in Europe. The actor turned himself in and was released four hours later. He has denied these allegations.

If Bale was arrested in the United States, more specifically in the State of South Carolina and charged with assault, he could face up to 30 days in prison and/or a fine up to $500.00. According to the South Carolina Code, an assault is "an unlawful attempt to commit a violent injury to the person of another with a present ability to complete the act".

Battery on the other hand, is not an attempt crime like assault, but requires an act. Battery is defined under the South Carolina Code as "un unlawful act of violent injury to the person of another." Like assault, the penalty for battery is up to 30 days in jail and/or a fine up to $500.00.

There are several defenses to a state criminal charge of assault and battery, including consent, official duty, provocation. Usually mere words, even if these words are abusive, threatening and insulting, do not justify an assault and battery unless there is an actual suggestion of physical violence or behavior.

Continue reading " Assault Allegations Against Christian Bale " »

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The Horry County coroner has confirmed that the death of a 17 month old child in Galivants Ferry was from blunt head trauma. The grandmother of the child and her boyfriend will most likely be charged with murder, child neglect and child abuse. The grandmother appears to be only 37 years old and her boyfriend 30 years old. Both will have a right to a bond hearing before a Circuit Court Judge in Conway. Any bond that is set for these two defendants will be a rather high number. There are several defenses to this case, but most will require the testimony of an expert witness regarding the cause of death. It will also be important to ask the court to preserve the childs body for examinaiton by a defense expert. The preservation of any possible evidence that could vendicate the defendant is extremely important. The autopsy was performed by the Horry County Coroner, yet the child was in Charleston at the time of death. This means that there were several procedures performed on the child outside of Horry County which must be investigated. If the defendants have
A manslaughter charge would help with limiting the defendants prison time exposure. A good defense attorney will have to move quickly in defending this case and trying to convince the solicitor's office to indict the defendants on manslaughter instead of murder.

Continue reading " Horry County Coroner Confirms Trauma Related Death " »

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Posted In: Murder

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A recent study in the Los Angeles Times suggests genetic profiles may not be as exact as once believed. According to the investigation, the odds are higher for finding genetic similarities between people who are unrelated that previously estimated. A state crime lab analyst from Arizonia discovered similiar genetic matches by searching through the FBI's DNA database.

Many criminal defense attorneys across the county are asking for similiar searched to be conducted in order to prove that their clients are in fact innocent. As already indicated, this study could have a profound impact on the practice of criminal law. Not only in Arizonia, but here in South Carolina. In many homicide, rape, and burglary cases, the main piece of evidence linking an individual to a crime is DNA evidence. If criminal defense lawyers can now show that this kind of evidence is not always accurate and can be unreliable, this could be a great defense at trial.

However, DNA evidence is also very important in post-conviction appeals. In those cases, defendants may ask the court to perform DNA testing on a piece of evidence from the original case in order to prove that they are innocent. The Innocence Project is an organization that helps defendants get this testing done. Many individuals have been wrongfully convicted and were set free using DNA testing after they were found guilty at trial. However, if DNA testing is now being called into question, this could impact these post-conviction motions for DNA testing. We will have to wait for further studies to be completed for determining the true accuracy of DNA testing.

Continue reading " New Report Suggests Genetic Profiles More Common than Once Believed " »

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Posted In: DNA Evidence

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A recent report in Charleston, SC states that a pageant official for Miss South Carolina has been arrested for the sexual assault of a nine year old girl. According to a police report in Easley, Joseph "joey" Pettigrew Sanders IV allegedly sexually assaulted the child at a Comfort inn in 2005.

When charged with a sex crime, including sexual assault, rape or child pornography, it is important to review all the evidence and any witness statements. These cases often go to trial, so it is important to throughly prepare the case for court.

South Carolina is one of 7 states that does not allow child hearsay testimony. Many states have an exception for the hearsay rule for minors based on the notion that children are less likely to lie than adults. Even though South Carolina does not provide for this exception, legislation was recently passed relaxing the ban to child hearsay and may be completely removed by 2009.

Sawyer's attorney has stated that his client will be exonerated of the charges, so this case is most likely headed for court. His defense attorney will review the evidence to determine what parts are circumstantial and whether the solicitor's office has any solid evidence.

Continue reading " A pageant official for Miss South Carolina arrested for sex crime " »

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Mayor Bruce Morgan has been indicted by a federal grand jury in Columbia according to the Charleston Post and Courier. The indictent alleges conspiracy to accept kickbacks and extortion of payments in violation of his official position. This case will be based on a money trail and statements of codefendants or so called "flips" that will testify against the Mayor. Defending a public figure begins with press control. The government always comes to the press and says, "hey, look what this guy did." There should be no statement related to the case as this prejudices any potential jurors who read the paper or watch the news. A good defense attorney must inform the press that the defendant is completely innocent and the government does not decide guilt and innocence, but rather a basic evaluation of probable cause without speaking to the defendant.

A federal criminal defense attorney in South Carolina knows the dangers of speaking to the press when it comes to the South Carolina Bar rules. That is why a careful statement regarding the case is necessary to ensure that your client is not convicted prior to trial.

Continue reading " Mayor Charged with Public Corruption " »

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Posted In: Federal Crimes

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Immediately after I discussed this case on the blog, authorities in Pittsburgh Pennsylvania have discovered the body of a woman who may be connected with the newborn brought to the hospital by Andrea Curry-Demus. Ms. Curry-Demus previously claimed to have purchased the newborn for $1,000.00. However, a woman's body that was bound and gagged was discovered in an apartment belonging to Ms. Curry-Demus. There was evidence of a partial evisceration and a placenta was found at the scene.
With this new evidence, Ms. Curry-Demus could be facing a variety of new charges. These charges include: murder in the first degree, murder in the second degree, depraved-heart murder, felony murder, manslaughter, and kidnapping. In Pennsylvania, a person convicted of first degree murder may receive the death penalty. However, not the electric chair. Use of the electric chair was abolished in 1990, now like most states, lethal injection is used.
If the state decides to pursue the death penalty against Ms. Curry-Demus, there will be two phases. First the trial phase during which the evidence against her for the murder would be presented by the state. If convicted of first degree murder, the second phase of the proceedings would begin, her sentencing hearing.
During the sentencing phase, any mitigating factors are presented by her defense attorney. Ms. Curry-Demus may have an affirmitive defense, insanity. However, if her attorneys decide to proceed with the insanity defense, a pretrial motion must be filed before the start of the trial. The State is entitled to notice of this defense.

Continue reading " Body Found Likely Connected to Pittsburgh Newborn " »

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A second trooper in South Carolina has been indicted on charges stemming from civil rights violations. John Sawyer, who previously worked with South Carolina Highway Patrol, was indicted for violating a suspect's constitutional rights. A video allegedly shows Sawyer kicking a suspect several times in the head.

He was indicted in federal court and is facing a maximum of ten years in prison, so it is extremely important that he hires an experienced federal criminal lawyer to protect his rights throughout the legal proceedings. There are federal courthouses in Florence, Charleston, Anderson, Greenville, Rock Hill and Columbia. At this time, we do not know what his guideline range is under the Federal Sentencing Guidelines, first he must decide whether to fight the charges or cooperate with the government and plead guilty to the charges.

If he decides to plead guilty, he may receive a reduction in his sentence for acceptance of responsibility. However, depending on the fact of the case, he could be facing several enhancements including an adjustment for abuse of trust and for a vulnerable victim. He may also decide to fight the charges and proceed with a trial in federal court.

We have defended police officers on a variety of criminal charges, including assault, battery, and kidnapping. When hiring a criminal defense attorney in a federal criminal defense case, it is important to retain a trial lawyer with a great deal of experience in federal court.

Continue reading " Former Trooper with South Carolina Highway Patrol faces Federal Charges " »

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In Pittsburgh, Pennsylvania, a local woman, Andrea Curry-Demas has been charged with child endangerment. The woman was charged after she carried a newborn into the hospital and claimed to have purchased the baby for $1000.00. The biological mother of the newborn child is currently missing. If the missing biological mother has been harmed, Ms. Curry Demas could face a variety of charges, including kidnapping, aggravated assault, or even attempted murder.
In Horry County, South Carolina, a person can be charged with child endangerment for a variety of actions. In some cases, the parental rights of the parents have been terminated after a hearing in the county courthouse located in Conway, South Carolina. When the State is attempting to determinate the parental rights of a parent, a full hearing must be held and the parents have a right to call witnesses and have an attorney present at all pertinent proceedings.
In these cases, the Department of Social Services, commonly known as DSS, usually becomes involved, and make a recommendation as to whether a parent's parental rights should be terminated. Case managers from DSS often testify about the facts surrounding child endangerment or child abuse at a TPR hearing.
The Department of Social Services has branches located in Conway, Florence, Charleston, Columbia and other cities in South Carolina. DSS also handle cases involving child support, adoptions, establishing paternity, DNA testing, and matters involving child custody. If a person fails to pay child support, the Family Court has the authority have these individuals arrested in order to have the delinquent amount paid. These individuals are usually transported to the J. Reuben Long Detention Center to wait for a hearing date.

Continue reading " Pittsburgh Woman Charged After Claiming to Have Purchased Newborn Baby " »

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Divorce cases in the Myrtle Beach area have been on a steady increase over the past several years. This could be because of the dramatic increase in the population in this areas of South Carolina. Many people from around the country are discovering Myrtle Beach and the grand strand area. South Carolina is very unique when it comes to getting a divorce. Many States only require a divorce pleading and one court appearance. South Carolina is different. In South Carolina requires either a fault based reason for a divorce or a legal separation for over 1 year, piror to granting a divorce. Many South Carolina divorce attorneys are able to get a divorce case filed and have the legal separation agreement filed within a couple of weeks. This will not allow the divorce to go forward without following many requirements.

In order to get a divorce in South Carolina, the courts require separation for no fault divorces and mandatory three hours of mediation. For at fault divorces, which have several legally recognized basis, the legal separation is much shorter and meditation is still required. For a divorce in Myrtle Beach and the Grand Strand area, a divorce action must be filed in Conway, South Carolina. The divorce will be heard before one of several family court judges in Conway. Our Myrtle Beach divorce attorneys are able to represent the husband or wife in any divorce, legal separation, child custody, alimony or equitable distribution case.

South Carolina requires equitable distribution of marital assests. This meaning varies based on what the court will consider marital assests. The duration of the marriage is a critical element in the analysis of what property will be considered marital property. It is important to have a South Carolina family law attorney to assist in the preparation of your case and the evaluation the assests.

Continue reading " Myrtle Beach Divorce Lawyer " »

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Posted In: Civil

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http://www.criminal-trial-lawyer.org/lawyer-attorney-1293152.htmlAn Atlantic Beach council woman was found guility of 2 seperate traffic ticket violations last week. Councilwoman Retha Pierce still faces a misdemeanor charge of resisting arrest. Mrs Pierce proceeded to trial before an Horry County Magistrate and was found guilty of the traffic violations. All traffic tickets in Mrytle Beach and Horry County are heard before a magistrate judge. Many misdemeanors are also heard before a magistrate judge. South Carolina is one of the only states were a defendant has a right to a jury trial for a traffic violation. It is unclear if Ms. Pierce requested a jury trial or had an attorney as her statement about the case did not match the information released by the solicitor's office. Hopefully she will now go hire a defense attorney if she did not have one.

The traffic tickets Ms. Pierce was found guilty of violating did not cause her to lose her drivers license. She did however have to pay a fine and was most likely given points on her license. Ms. Pierce will face jail time if she is found guilty of resisting arrest. The arresting agency was the Horry County Sheriff's Department.

Continue reading " Atlantic Beach Council Woman Still Faces Trial " »

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Posted In: DUI & TRAFFIC

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