South Carolina Criminal Lawyer Blog

In an unpublished opinion, the 4th Circuit Court of Appeals recently upheld a wrongful death case coming from the U.S. District Court for the District of South Carolina at Charleston. According to the statement of facts, a man walked into a grocery store and threatened the store employees with a knife, took a ham and left the facility. The police stopped the man outside of the store and he refused to drop the knife. The police used pepper spray and batons in an attempt to stop him, and eventually shot him because he would not drop his weapon.

Personal representatives of the decedent brought a claim against local law enforcement for wrongful death, survival and loss of consortium. Specifically, the plaintiff argued that the police officr's use of deadly force constituted a Fourth Amendment violation. However, the district court granted the defendant's motion for judgment as a matter of law and the plaintiff's case was dismissed.

On appeal, the Fourth Circuit considered whether the officer's decision to use deadly force was reasonable in light of these circumstances. When a court addresses a motion for judgment as a matter of law, it must view all the facts in the light most favorable to the non-moving party, in this case, the plaintiff. However, the appellate court affirmed the judgment, meaning that it upheld the decision of the District Court to enter judgment in favor of the appellee, the police. The Court held that in reviewing the facts most favorably to the Plaintiff, the officer acted reasonably and had a reasonable fear of harm, justifying the use of deadly force.

When a court grants a motion for judgment as a matter of law, the case is not given to the jury, the judge is basically stating that the plaintiff has failed to prove its case. Wrongful Death cases against law enforcement can be difficult to litigate because the defendant is a state agency and you must show that the officer did something wrong or was negligent. Therefore, when hiring a Myrtle Beach, Charleston, or Horry County wrongful death attorney, you want to look for an attorney with experience in litigating wrongful death actions.

Russell W. Mace III and Nicole Nicolette Mace, who handle federal and state criminal appeals, recently argued a case in front of Judge Duncan, Judge Niemeyer, and Senior Judge Wilkins of the United States Court of Appeals for the Fourth Circuit. The appellant was charged with knowingly possessing a firearm and ammunition. He pled guilty, and received an upward variance in his sentence of five levels as a result of a motion filed by the government. The motion was filed because of an interview with an officer from the South Carolinal Law Enforcement Division (SLED) who stated at the defendant's sentencing hearing that he posed a future danger to society.

The appellant argued that this information was obtained in violation of his 5th Amendment right to silence and the defendant's 6th Amendment right to counsel. The defendant did not receive Miranda warnings and the government used his statements against him to increase his sentence in front of Judge Wooten in Florence, South Carolina.

Federal criminal trial lawyer, Russell Mace, also argued that stalking should not be a crime of violence under United States Sentencing Guideline (U.S.S.G) 2K2.1 and 4B1.2 because it does not meet the test set out in the recent Supreme Court decision of Begay v. United States. The government argued that stalking is a crime of violence and that the appellant violated his plea agreement.

The Fouth Circuit has not issued an opnion on this case yet, but it will be intersting to see whether the case is remanded for a re-sentencing, affirmed or reversed.

Continue reading " Appellate Lawyer Argues Case at Duke Law School " »

A recent decision by the South Carolina Supreme Court addressed the issue of whether a spouse can consent to adultery. The trial court granted a divorce based on the husband condoning the adultery of the wife. The husband had argued the defense of recrimination (in South Carolina the means both husband and wife have acted improperly and one party no longer wants a divorce). The trial court was required to considered the recrimination defense because it was undisputed that both parties had committed adultery.
The South Carolina Court of Appeals found that the trial court erred in its determination that there was insufficient evidence for granting a divorce based on adultery. The divorce was granted based on the separation of the parties for over one year. The South Carolina Supreme Court ruled against the appellate court and found that the South Carolina trial court was in a better position to determine the credibility of the witnesses and when the adultery may have occurred. Our South Carolina divorce lawyers in Myrtle Beach are experienced on in handling adultery based divorces. A good divorce attorney in Myrtle Beach can help with your divorce.

Continue reading " South Carolina Supreme Court Rules on Condoning Adultery " »

The Charleston Post Courier is reporting that economist Al Parish was sentenced to 10 years in state prison this week. This means that Parish would mostly likely serve no more than 4 years on this case. The real sentence is his pending 24 year federal sentence. Parish will not be able to be released on parole from the federal sentence. Parish had claimed amnesia when he realized the broad exposure he faced in the federal indictment for fraud.
Parish received a large prison sentence on his federal fraud indictment in Charleston because of the amount of money he is alleged to have taken. Fraud charges with very little monetary exposure will yeld a small prison sentence. Parish's sentencing guidelines increased dramatically based on the large amount of money he defrauded his client's out of over the years.
A federal fraud indictment usually involves millions of dolllars lost investments. The United States Attorney will not usually seek an indictment for a fraud case with very little money being taken. Under the United States Sentencing Guidelines, a defendant would not face much prison time for fraud if very little money is taken. A defendant could face more prison time in State Court on many fraud charges.

Continue reading " Parish Give 10 Years on State Fraud Charges " »

A man was charged this week by the North Myrtle Beach Police Department with criminal domestic violence. This charge will most likely be heard at the Municipal Court in North Myrtle Beach. The City of North Myrtle Beach will send this individual a notice to appear for court. He will have the ability to request a jury trial and hire a North Myrtle Beach Attorney to assist in defending the case. Criminal Domestic Violence in South Carolina does expose the defendant to a possible sentence that could include jail time.
In this case the defendant will be charge for 2 counts of domestic violence. One against his girlfriend and one against her aunt. North Myrtle Beach Police have reported that the defendant grabbed his girlfriend by her neck when she expressed her desire to leave. Both the girlfriend and the aunt could be witnesses against the defendant at any trial in North Myrtle Beach.

Continue reading " North Myrtle Beach Man Charged " »

Greenville news is reporting that an investigation has started regarding Tower Homes in Greenville, South Carolina. The allegations are based on money being provided to buyers as incentives to get the homes. This is not going to be a classic case of mortgage fraud. From the information provided there are only allegations that money was provided to assist in the down payment. There is a tough road ahead for any agency to charge Tower Homes with any criminal activity.
I am basing this on what I have read, but there does not seem to be any illegal activity by the builder. This is a case of consumers not reading the loan documents. The economy is now suffering and people are complaining that they cannot make their motgage payments. If the terms on the mortgage are clear, there is very little room to complain that the monthly payment is increasing. Borrowers complaining that the price paid for the home was much higher than the appraisal value today will not have any ability to argue that they are the victim of fraud. The borrowers have the ability to get the property appraised prior to purchasing.
Mortgage fraud is based on actions not related to the rates on loans or the value of property decreasing. Fraud is when there is intentional deceit by the home builder, developer, appraiser, and or lender.
Tower Homes was in the business of selling homes, not representing buyers in searching for a perfect mortgage. Many people said they could not afford to buy a home from Tower Homes and walked away from the deal. Other people could not resist and agreed to do anything to get the home and now they cannot afford the payments. This is not fraud.

Continue reading " Greenville Mortgage Fraud " »

Hiring a divorce attorney is one of the hardest things to do, especially when there are children involved.

Step One: Research divorce lawyers in your area of the state. You will need to file for divorce in the proper jurisdiction for the family law judge to hear the case. In South Carolina, you or your spouse will need to be a resident of South Carolina. The case must also be filed in the appropriate county. We represent clients in Charleston, Horry and Georgetown Counties in South Carolina.

Step Two: Call an attorney in your area and set up an interview. There will usually be a consultation fee ranging from $50.00 to $250.00. This fee is based on an indepth interview regarding your case.

Step Three: Get all your financial information together prior to the interview. This includes your tax returns for the previous year and any pay information, investments and retirement accounts. A Financial affidavit will have to be provided at some point in the case and it is better to get it done immediately.

Step Four: If there are children involved, do not bring them to any interview with an attorney. Do not complain about your spouse in front of the children. The most important issue for anyone will be the best interest of the children. Our divorce attorneys in South Carolina do not believe in leveraging the children in a divorce.

Step Five: The interview with the divorce attorney. Do not be embarassed about your situation. I promise we have seen other cases similar to yours. It may be hard to speak with a stranger about your case, but everything you say stays in our office and no one will ever know. This is part of the attorney-client privilege.

Step Six: Agreeing to hire an Myrtle Beach Divorce attorney that you are comfortable with and trust. This is important because you are going to have to rely on information your attorney provides during the South Carolina Divorce. A South Carolina divorce is different than a Georgia Divorce or even a Florida Divorce. South Carolina has many divorce laws that have not changed in decades. Your South Carolina divorce lawyer must be able to explain these laws to you.

This is also the time when you must Retain your divorce attorney. This is the signing of a formal agreement that allows your attorney to legally represent you and you must pay a deposit for this agreement. This deposit is usually between $2,000.00 to $8,000.00 depending on what issues are know at the initial interview. The divorce law firm will bill your deposit on a monthly basis at a rate ranging between $200.00 to $350.00 per hour for the attorney's work.

Next a divorce complaint is filed and the case begins. The other option in South Carolina is a separation agreement.

If you need further information call our office in Myrtle Beach at 843-839-2900.

Continue reading " How to Hire A Divorce Attorney " »

South Carolina is a very unique state when it comes to getting a divorce. One of the biggest issues to consider is the need to be separated for a period of one year priror to getting a divorce. This is the law unless there is some basis for a fault divorce. The next question that must be asked, what county is proper venue to file for the divorce. There are several counties in South Carolina that may qualify as a proper venue to file for the divorce.
South Carolina Code Section 20-3-60 allows for a divorce complaint to be filed in one of several counties. The first county that is available, is the county in which the parties last resided together as husband and wife. Next would be the county in which the defendant resided at the time of the filing of the action or lastly, where the Plaintiff resides if the defendant is a nonresident (includes not being able to find the defendant).
These provisions provide several counties where venue may be proper for a South Carolina divorce. A divorce attorney in South Carolina will be able to advise a party on which counties will be suitable for filing the action. Many times families move around quiet frequently prior to a divorce. An Horry County Divorce Lawyer may have to file for the divorce in Georgetown or Conway. Our Myrtle Beach divorce lawyers are ready to help you examine where the best location for filing your divorce may be.

Continue reading " South Carolina Divorce Law " »

The Federal Bureau of Investigation has again ranked South Carolina as one of the most violent states. This ranking is based on several factors from murder to assault and battery. Charleston was the leading area for violent crime for the entire state. This is the second year that South Carolina rank number one for violent crime in the FBI's ranking system. The governor of South Carolina has stated that there should be cuts in the criminal justice system. He has attempted to cut funding for various aspects of criminal justice. However, he favors increased punishment and law enforcement. This is the biggest problem with many Southern States.
The solution to the violent crime in South Carolina is not more law enforcement or more prison time. The solution is education. The education and family structure in South Carolina is horrible. Having defended clients in many different states across the country, there is no doubt that the educational system in South Carolina is broken. Many defendants do not even know what happens in a court room. South Carolina will continue to be ranked high for violent crime until education is a priority. Most of the wealthy families send their children out of state for school. There is no concern about making the local schools something to be proud of.

Continue reading " South Carolina most Violent State AGAIN " »