South Carolina Criminal Lawyer Blog

With the down fall of the economy, there will most likely be an increase in the amount of divorce cases filed. Divorce cases in South Carolina will be cost more becasue of the increase in cases filed. There is no quick divorce based on economic hardship. A divorce in South Carolina usually takes a year to complete. If the parties have any property or child custody issues during the divorce the price can increase dramatically. Family law judges in South Carolina look to the best interest of children in the custody dispute. Divorce attorneys should also look to see what will be in the best interest of the children. A divorce petition is filed in the county where either party to the marriage resides. To file a divorce in Myrtle Beach the petition is filed at the Circuit Court in Conway, South Carolina. Your family law lawyer will draft the petition and have it served on the opposing party.
Next, a court date will be set for a temporary hearing to deternine any preliminary issues that may arise. These issues are related to child custody, restraining orders, access to marital property, and any temporary alimony. These hearings are usually very quick and are based on affidavits from the parties. Our attorneys in Myrtle Beach have experience in these temporary hearings and are able to advise our clients about the process.
A divorce is a traumatic event. Emotions and many times finances become so entrenched in the case that clients suffer depression and anxiety during the process. A good divorce attorney is able to counsel the client through the process and assist with handling these issues.

Continue reading " Tough Times may Equal More Divorces " »

Posted by Russell Mace | Permalink | Email This Post

Posted In: Civil

Bookmark:

A Green Sea resident has been charged with rape according to the Sun News. The man is charged with kidnapping and then sexually assaulting a local resort house keeper. The early information is that the alleged victim received a ride from the defendant and later exited the car. The victim was then take by knife to a location where she was sexually assaulted. As yet the defendant does not have an attorney. The defendant's bond is set at $100,000.00. This bond was set by the local magistrate. If he makes bond the defendant will also be supervised by an ankle monitor.

Kidnapping and sexual assault charges do not carry a bond in many States. In Florida, there is no bond and these considered capital crimes depending on the age of the victim. South Carolina criminal defense attorneys are able to request and many times receive bonds for serious offenses before magistrates and Circuit Judges.

In this case, DNA evidence will be critical to the prosecution and the defense. Any DNA evidence combined with any signs of a struggle will form the basis for any good defense or any good prosecution of this case. The Prosecutor does not want this to be a "He Said, She Said," type prosecution. There should always be physical evidence to support any type of sexual assault case.

Continue reading " Green Sea Man Charged with Rape " »

Posted by Russell Mace | Permalink | Email This Post

Posted In: Sex Crimes

Bookmark:

Horry County Police are investigating three house fires near Loris, South Carolina and currently believe it was arson. Arson is the malicious burning of dwelling house of another and can be a first degree felony, second degree felony or third degree felony. A solicitor must prove each element beyond a reasonable doubt at trial.f

If a person is killed during the fire, the crime constitutes felony murder. A person is charged with felony murder when there is a homicide during the commission of the following state or federal crimes: burglary, arson, rape, robbery, kidnapping. Federal law also includes carjacking and terrorism. Even if the death is accidental, a defendant can be charged with manslaughter. If a person breaks in to a home and enters it to start a fire, the defendant would most likely be charged with burglary and arson.

The police in Loris are entertaining the possibility that the fires could have been started out of revenge, which is very common, or the fires could have been started by someone who is infatuated by fire. Local authorities are worried that someone may be injured if the fires continue in Loris.

Continue reading " Horry County Police investigation Arson in Loris " »

Posted by Russell Mace | Permalink | Email This Post

Posted In: Murder

Bookmark:

A bank teller from Sumter, South Carolina was found guilty last week of bank fraud. The teller, Robin Davis, defended the case by telling the jury that the money was placed into her account by God. This is one of the worst defenses to fraud I have ever seen. There should have been a psychological evaluation performed on Ms. Davis. Bank fraud is a specific intent crime and the mens rea required for a conviction cannot be overcome through religion. Bank fraud usually involves so called straw customers opening accounts and transferring non-existent funds from one account to the other. Many times fake identification is used to open the accounts and make deposits. On federal bank fraud indictments, the amount of prison exposure is based on the amount of money fraudulently obtained. Once the million dollar mark is reached, the prison time increases dramatically. Our attorneys defend bank fraud indictments from Miami to Charleston to New York. There is usually a conspiracy count included in the indictment.

Defending bank fraud and conspiracy indictments takes a tremendous amount of time. The criminal defense attorney may have to hire an accountant and a forensic accountant to properly prepare a defense to a federal fraud indictment. Understanding the flow of the monetary transactions is critical to preparing for defending a fraud indictment.

Continue reading " South Carolina Bank Fraud Arrest and Conviction " »

Posted by Russell Mace | Permalink | Email This Post

Posted In: Fraud

Bookmark:

The Charleston Post and Courier has reported that an Iva man has been charged with committing lewd acts in Anderson, South Carolina. The allegations are based on the defendant's alleged activities with the Boys and Girls Club in Anderson. The details of the case have not been released and no South Carolina defense attorney has been listed as representing Mikel Sylvester Boseman. Boseman will most likely be indicted in the coming days and will need to hire a criminal defense attorney.
In South Carolina, the prosecution of sexual crimes is mainly handled by the local solicitor's office. Child pornography indictments are usually handled by the United States Attorney.
The Myrtle Beach Sun News is reporting today that the trial of man charged with kidnapping and sexually assaulting a girl will postponed because of witness problems. There was a several comments posted on the Sun News related to this article. Each one was a basic conviction of the defendant without knowing any details related to the case. This is the new phenomenon in America, "Guilty until proven innocent." No matter what the evidence, as soon as the public hears someone has been arrested then they are judged guilty by the press. There is never a report that the evidence is less than credible or that there are mistakes made by police. It appears that every time a person is freed because of DNA evidence there is very little press. No follow up stories on the innocent man trying to get reintroduced to society. Any criminal defense attorney must be ready to ensure that the press is aware of the fact that each and every person accused of a crime in this country is innocent until proven guilty. Our forefathers fought for the right to not be convicted before evidence had been present. Our office of Myrtle Beach Criminal Defense attorneys is ready to represent our clients all the way from indictment through an appeal.

Continue reading " Man Arrested for Lewd Acts on Children " »

Posted by Russell Mace | Permalink | Email This Post

Posted In: Mortgage Fraud

Bookmark: