South Carolina Criminal Lawyer Blog

According to United States Attorney W. Walter Wilkins, a Myrtle Beach man, Robert McGowan, was indicted by a federal grand jury for felon in possession of a firearm and ammunition. He faces a minimum of 60 months in prison. The charges stem from an incident that occurred last month, when McGowan was in a standoff with Horry County police for almost sixteen (16) hours outside the Conway Medical Emergency Room. He held police at bay with a .22 caliber riffle on October 21, 2008. He has told authorities that he was planing on committing suicide at the time.

A Federal judge denied his bail at a bond hearing and stated that he was a danger to the public. At the time he was federally indicted, McGowan was on parole for shooting an Horry County police officer in 1996. He was released after serving ten (10) years in prison for shooting he officer in the hand while he was being arrested for disorderly conduct. He will now have a rough road and will need a good criminal defense attorney to represent him.

McGowan's metal status is obviously an issue and will need to be investigated by his defense attorney. A request for a psychiatric evaluation should be done at the earliest opportunity and a good criminal defense lawyer would seek out a psychiatrist with experience in these type of evaluations.

Continue reading " Suspect in Conway Hospital Standoff Arrested " »

A new statistic released this month lists Myrtle Beach as the fourteenth (14th) most dangerous place to live. The report uses crime statistics released by the Federal Bureau of Investigation (FBI). Among the crimes factored in the report include murder, assault, grand theft auto and burglary. Local officials have questioned the validity of the report and have stated that it is misleading. For example, officials have stated that the report does not include tourists or part-time residents. Therefore, most of the crime in Myrtle Beach is committed by local residents.

Local law enforcement, including the Myrtle Beach Police Department, may release some conflicting information in the future. Horry County authorities agree that the crime level in Myrtle Beach is closer to the national average and is not nearly as high as suggested by this recent report. Other areas in South Carolina also ranked high in this report. Florence was ranked sixth (6th) most dangerous place to live, Sumter was ranked fifth (5th) and Charleston-North Charleston metro area was ranked twenty-first (21).

Many lawyers in Myrtle Beach have started practicing criminal law over the past few years. These criminal attorneys will agree that Horry County has a significant crime rate. However, most myrtle beach attorneys have not practiced criminal law in a major city such as Miami. The crime rate in Miami is on a large scale, for example, the head of the drug cartele in Colombia was extradited to Miami last year. He manufactured 80% of the worlds cocaine at one time. Therefore, it is hard to believe that Myrtle Beach is ranked so high when compared to urban areas.

Hopefully this report will not hurt tourism to the Myrtle Beach area, especially with the current economy woes. Only time will tell how accurate this report is and whether it will have any impact on tourism this year.

Continue reading " A New Statistic Lists Myrtle Beach as the 14th Most Dangerous Place to Live " »

The Court of Appeals in South Carolina in State v. Williams has ruled that the exclusion of several convictions of a confidential informant could not have reasonably affected the the outcome of the trials. The court held that it was harmless error to exclude the prior convictions of the informant, including armed robbery, larceny, forgery and housebreaking.

In the Federal system, confidential informants are often key witnesses who testify on behalf of the government. They are used in the state system as well. Most confidential informants have prior records are are working with local law enforcement to shave time off their convictions. Therefore, evidence of the confidential informant's prior convictions can often show the jury that they are in fact biased.

A good federal criminal defense attorney can impeach these witnesses to show they are untrustworthy through the evidence of their prior convictions. A federal defense lawyer can also show the jury that many of these confidential informants are paid by law enforcement to purchase drugs.

In South Carolina, Federal Courts are located in Greenville, Columbia, Florence, Charleston, Anderson, Rock Hill, and Spartanburg. All of these divisions are part of the District of South Carolina. If you have been indicted with a federal crime, you will need to hire an experienced federal attorney in Myrtle Beach, Charleston, Columbia or Florence.

Continue reading " Confidential Informant's Credibility in Cocaine Distribution Case at Issue " »

The future of the Guantanamo Bay detention center is being positioned to be shut down in the coming year. The center is used to house individuals charged with alleged acts of terror against the United States. The facility is placed outside of the United States becuase many of the activites conducted there are completely unconstitutional. Now, with the plan to shut it down, these detainees will have to be housed in another location. Most European countries will not allow a facility of this type, so it must be placed in the United States.

The Charleston Naval Weapons Station has been used in the past to hold enemy combatants that are awaiting prosecution or possible freedom. Many of these individuals that are being held do not have any pending federal charges. There is no federal detention center in South Carolina, so federal defendants are held in local jails pending trial. The Charleston Courier and Post has reported that Sentor Graham is opposed to using Charleston Naval brig as a holding facility. Graham has stated that the detainees should be housed in a facility designed for detaining such suspects. The problem here is that Guantanamo was never designed to hold prisons of war or alleged terror suspects. The big fear about having these suspects here in the United States is that they will have better access to the courts and their lawyers if they can get one.

Our federal defense attorneys in South Carolina have previously attempted to represent several of the suspects in Guantanamo to no avail. The lawyers that are representing many of these individuals are approved by the United States Justice Department prior to being allowed to represent the defendants. Many defendants are being released and allowed to return to their respective countries. Finding a good federal criminal defense attorney is very important to any federal indictment.

Continue reading " Charleston Brig Expanding to Hold Alleged Federal Terror Suspect " »

In a recent Newsweek article, it has been reported that over the past few years, child custody has changed across the country in family court. Twenty years ago, it was almost unheard for a father to have custody of the children. It was basically the standard that a father would have visitation every other weekend, unless the court determined by preponderance of the evidence that one parent was unfit. However, it is clear that child custody laws in South Carolina and in other states are changing, conforming with modern times. Today, fathers are receiving more visitation and rights, and joint custody is becoming very popular in family law cases.

Joint custody was once very rare, only granted in cases in which both parties were in agreement pushed for it. According to the article, joint custody is becoming more popular across the country. Some parents going through a divorce are even opting for joint physical and legal cusody. In these situations, the parties equally share in custody of the children, 50/50. However, the parents in these cases will have to live close to eachother to make this work, due to the fact that the children will be spending several nights a week with both parents.

Joint custody has become very popular in South Carolina as well. However, most child custody cases are settled between the parties, only five percent (5%) actually go to trial. In South Carolina, a guardian ad litem is appointed to represent the children. Usually psychologists are also asked to submit evaluations of both parents and the children.

Also, as reported in the article, most father's are receiving more visitation when they do not receive primary physical custody in South Carolina. For example, a father may have visitation every ther weekend, plus one dinner or overnight visit a week. In will be interesing to see how child custody laws continue to change with modern times.

Continue reading " How Child Custody is Changing in Family Court " »

The real estate market is changing divorce law in south carolina. Family law attorneys in Myrtle Beach, Conway, and Charleston are modifying their practices in order to adjust to today's housing market according to an article published in South Carolina Lawyers Weekly.

In many divorce cases, the marital home is the major asset sought by both parties. However, now there are situations where there is not any equity left in the home and both parties are seeking to get out of the debt. In the past, it was easier for one side to get a loan to buy the other side out, now parties getting a divorce are faced with the alternative of putting the home up for sale in an unstable market.

In these uncertain economic times, mediation can be a great alternative to an expensive trial in many cases. Every family lawyer in the Myrtle Beach area knows that mediation is mandatory in Horry County. Mediation provides relief for many clients, a good family attorney in Myrtle Beach, Conway, North Myrtle Beach and Georgetown can assist you with mediation in your divorce case.

O.J. Simpson's case is now headed for the appellate courts of Nevada. His motions for a new trial were denied this week and he is going to need a very good appellate attorney to file a brief and argue his case. O.J. has yet to be sentenced by the trial judge. If he is given a small prison sentence he may not aggressively appeal his case. O.J.'s criminal defense lawyers have already raised several issues that will be addressed by a good appellate attorney.

One of the first issues that was raised related to the jurors bias towards O.J.. The jury selection process gives attorneys the opportunity to have jurors hear a case without any preconcieved opinions about the defendant or the case. In O.J.'s case there are allegations that many jurors had strong opinions about O.J. and his prior murder trial. The opinions of jurors affect the trial process and prohibit an unbiased review of the evidence that is presented in trial. This issue can be a basis for a reversal of O.J.'s conviction. A good appellate attorney will be able to provide ample case law to support the appeal related to jury selection and information that jurors may not have provided in the initial voir dire.

Our office practices appellate law in federal courts and state courts. Our Federal Appellate Attorney is more than capable in many jurisdictions. We also offer appeals in South Carolina, Georgia and Florida.

Continue reading " O.J. Simpson Goes to the Appellate Courts " »

A month after filing for divorce in Charleston, South Carolina, Jennifer Butler Murray and Bill Murray have reached a marriage settlement agreement. Murray's ex wife had filed a divorce complaint in Charleston, South Carolina alleging abuse, adultery and habitual drunkeness. She also requested a restrining order against him. However, there was a prenuptial (prenup) agreement between the two parties which stated that Bill Murray's wife would receive seven (7) million in the event of a divorce.

Prenuptial agreements are generally enforceable and valid. The court will declare a prenup invalid in only a few specific circumstances. For example, if you are presented with a prenup on the day of your wedding, the court may view the agreement as unenforceable. Duress is one of he factors the courts will consider when examining the validity of a prenuptial agreement. Additionally, if the party drafting the agreement did not give full and fair disclosure of their assets, the court may void the agreement based on fraud. The party drafting the agreement must also give the other party an opportunity to consult an attorney before signing it.

Child custody can never be determined in a prenuptial agreement. The best interest of the child governs the court. Child support can also not be waived in a prenuptial agreement. Therefore, Bill Murray's prenuptial agreement is enforceable, but he must pay child support for his children.

If you have a great deal assets, you may want to hire a family attorney to draft a prenuptial agreement. A divorce attorney will tell you that it should be drafted well before the marriage to be enforceable. Prenuptial agreements are enforceable in South Carolina. An experienced family attorney in south carolina can draft an agreement that will be valid.

Continue reading " Bill Murray's Divorce Settles Quickly " »