South Carolina Criminal Lawyer Blog

There were a ton of people in Myrtle Beach to celebrate Memorial Day and Atlantic Beach Bikefest. With the increase in people from out of town, police officers had their work cut out for them. In an eight-hour window, Myrtle Beach police received five reports of armed robberies, a stabbing and a shooting incident early Sunday and Monday.

According to TheSunNews.com, Sunday night, a man suffered a gunshot wound when he allegedly tripped and fell inside a friend's home. He told police that the gun fired as he fell. A little later Sunday night, three men were seen running down the street saying he had been robbed. The men left their room at the Bar Harbor and were going downstairs when they were confronted by three men with guns. One man ran away from the robbers, but the other two told police they were robbed of their belongings. The men told police the suspects went into a nearby room and police found two men matching their description inside. Officers found marijuana and a stolen gun inside the room and arrested the two men.

At 11:30 p.m. Sunday, police were called to Fourth Avenue South and Ocean Boulevard when someone pointed a gun at another person. The victims did not want police involved. Officers were told by Family Kingdom security that a woman reported being raped by several men. The guard told the woman they had to call police, but she left and a short time later he saw her with a man in a sport utility vehicle. At 1 a.m. Monday, a 41-year-old man reported being stabbed in the abdomen. He told police he wasn't sure where the attack occurred. The man and his wife flagged down an officer from their fifth-floor hotel balcony at 1307 S. Ocean Blvd. to report the incident.

At 2:45 a.m. Monday a 24-year-old man told police he was robbed in the area of 12th Avenue South and Yaupon Drive. The man told officers he was walking with a friend when two men, armed with a handgun, took the man's necklace, ring and cash. At 3 a.m. Monday, a couple told Myrtle Beach police they were robbed at gunpoint by two men while on the beach. The couple, ages 30 and 21, told officers they were at the beach near 26th Avenue South when two men approached them from a sand dune and pointed a gun at them, police said. At 4:30 Monday, police were called to the parking lot of the Greyhound Bus Station at Seventh Avenue North, where a driver for Beachside Cab told police he was hit in the head and robbed while sleeping in the driver's seat of his van.

If you or someone you know has been charged with a crime, call one of the good criminal defense attorneys at The Mace Firm.

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Dwayne Woods is being sought by federal authorities for his involvement in several fraud schemes in the South Carolina area. Several federal defendants have used their involvement with Woods as a basis to seek a lower sentence on their perspective federal sentences. These defendants have alleged that Woods tricked them into giving away millions of dollars of investors money. There may actually be a sealed indictment waiting on Woods if he is caught. Woods best advice at this point would be to get an attorney and negotiate a deal prior to coming to federal court. Many times a defendant in this position will be held without a bond because of the governments inability to find him. Woods will need a good federal defense lawyer in South Carolina to represent him in this case.
Many federal indictments can be resolved early in the process. Fraud indictments take some time to understand and get control of the numbers involved in the case. Reviewing a federal indictment and understanding the impact of the United States Sentencing Guidelines is critical to proper representation in federal court. These guidelines make changes to a defendant's exposure to prison. The use and interpretation of these guidelines cannot be understated.

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It has been close to three years since Casey Anthony's two-year-old daughter disappeared in Florida. Anthony faces charges of aggravated child abuse, aggravated manslaughter of a child and providing false information to police. Anthony has pleaded not guilty and sticks to her story that a babysitter kidnapped her daughter. This morning, opening statements began in Anthony's trial, which could last up to eight weeks. There were no witnesses to the murder, so only the killer knows exactly what happened. The jury's decision in this trial will likely be based on the forensic evidence.

According to MSN.com, " Prosecutors plan to have jurors smell the odor from her car, present evidence of chloroform in the Pontiac Sunfire and present photos that they say show her partying with friends after her daughter disappeared. They also likely will seek testimony from a botanist, a hair and fiber examiner from an FBI lab, and a cadaver dog handler." Anthony's criminal defense attorneys also have experts in the forensic field to present their testimonies.

"They have a botanist who can testify about plant growth found around the remains. They also have an entomologist who they hope can refute prosecutors' own bug expert, who claims that flies associated with decomposition were found in her car's trunk. The criminal defense attorneys hope conflicting forensic evidence and interpretations by experts raise questions in jurors' minds. Anthony's criminal defense lawyer made a point of telling potential jurors they should take those conflicting interpretations to heart."

If you or someone you know needs to hire a defense attorney, please call one of the South Carolina criminal defense lawyers at The Mace Firm.

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According to the Federal Bureau of Investigation in Columbia, Heath Carpman pled guilty to conspiracy to commit wire fraud in federal court in Columbia. Carpman allegedly accepted approximately $667,000 from the victim in order to place bets on sporting events for a potential profit. However, Carpman did not bet the money and instead kept the money and spilt it with his business partner. Carpman is set to be sentenced in September of 2011 and could be sentenced to up to five (5) years in prison.

In Carpman's case, he agreed to sign a plea agreement admitting his guilt. Of course, this will not always be the best option in every case. While Carpman is awaiting sentencing, he will most likely need a sentencing memorandum prepared prior to the hearing to explain why he should be sentenced in the lower end of the guidelines. This requires a great deal of work, effort, and experience on the part of the attorney. As such, the selection of an attorney is a very important process. Therefore, it is best to consult with an experienced federal defense attorney to determine what will be the best option in your case. A good defense lawyer will not only defend you in court and during trial, but also advise you on the appropriate steps to take in your case. Further, a lawyer will be able to negotiate with prosecutors and provide your position to the judge in the hopes of retrieving the most beneficial outcome.

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According to the New York Times, the Securities and Exchange Commission approved rules on a $300 million whistle-blower program. The provisions were partly incorporated since the agency failed to uncover the Ponzi scheme of Bernard Madoff. The new rules allow the S.E.C. to provide payment of 10 to 30 percent of the penalties collected to tipsters when the amount exceeds $1 million. The size of the reward will depend on the value of the tips provided and the tipster's cooperation. Further, a whistle-blower is permitted to bypass the company without giving them a chance to investigation the allegations and provide information directly to the S.E.C.

Several individuals involved in the S.E.C. do not believe that these rules will create a reduction in this type of crime. Rather, many argue that white collar crime and fraud will be prolonged because the S.E.C. will react slower than the companies themselves. Opponents of the new rules also state that the S.E.C. will likely not be able to handle the overflow of complaints that will occur in the future. However, Sean McKessy, the chief of the S.E.C.'s whistle-blower office, explains that the agency will be able to improve on its ability to distinguish credible tips from false leads because whistle-blowers will be required to provide sworn statements under penalty of perjury. On the other hand, the United States Chamber of Commerce believes that this will only cause attorneys to advise potential whistle-blowers to bypass the company and go straight to the S.E.C. The Chamber of Commerce did not address the incentive that whistle-blowers would have to receive an increased reward if the company was notified first. Of course, the rules exclude persons involved in the wrongdoing from receiving an award. It is not yet known how future whistle-blowers and attorneys will react to this new set of rules.

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Last year, a Socastee High School student shot the school resource officer, Erik Karney. The student, Christian Helms, went to Karney's office with a loaded gun and two pipe bombs in his backpack. After the shooting, investigators discovered Helms' journal which revealed that he hoped for the shooting to be similar to the 1999 Columbine H.S. shooting.

After reveiwing witness testimonies, psychological reports, and other exhibits, the Judge in this case decided to try Helms as an adult, although he is only 15 years old. Helms' criminal defense attorney recently wished to set a bond hearing, but learned that prosecutors planned on calling the case for trial late this summer. Helms faces very serious charges including attempted murder, possession of incendiary or explosive devices and attempted detonation for bringing the bombs to school with the intent of detonating them. The 15-year-old could potentially be sentenced to up to 30 years in prison.

If you or someone you know is facing criminal charges, please call one of the South Carolina criminal defense lawyers at The Mace Firm.

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International Monetary Fund cheif, Dominique Strauss-Kahn, is facing charges of a criminal sex act, unlawful imprisonment and attempted rape. According to MSN.com, "A 32-year-old maid told authorities that when she entered his spacious, $3,000-a-night suite early Saturday afternoon, she thought it was unoccupied. Instead, Strauss-Kahn emerged from the bathroom naked, chased her down a hallway and pulled her into a bedroom, where he sexually assaulted her." Strauss-Kahn's wife is sticking by his side through all of this. She said, "I do not believe for one second the accusations brought against my husband. I have no doubt his innocence will be established."

Currently, the IMF cheif is undergoing a forensic medical exam with police to find any evidence of the assault. Investigators also found DNA evidence in Strauss-Kahn's hotel room where the assault allegedly took place. In addition to that, the hotel maid has already identified Strauss-Kahn in a police lineup which included five other men. The arraignment was supposed to take place on Sunday, but it has been postponed until Monday due to the forensic examination. Strauss-Kahn's second attorney told the press that his client will plead not guilty to these allegations.

If you or someone you know has been accused of a crime, please call one of the New York federal criminal defense attorneys at The Mace Firm.

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This week in Conway, a 35-year-old man was arrested after police raided his business and found counterfeit items for sale. The man is going to be charged with trafficking counterfeit goods. According to TheSunNews.com, "The Conway Police Department, along with the S.C. Secretary of State seized thousands of dollars of counterfeit merchandise, including clothing and shoes, from JT Jazzy Fashions at 615-A Church Street in Conway."

In Myrtle Beach two people were robbed of their prescription medications. According to the police report, one of the residents answered a knock at the door when two robbers pushed their way in with a silver pistol. One of the residents was pushed to the ground which caused him to be injured. The robbers stole about $500 worth of prescriptions from the house and then fled the scene.

Across the country in California, "The first person indicted under a federal anti-terrorism law adopted after the Sept. 11 attacks was sentenced Monday to 25 years in prison for attempting to smuggle anti-aircraft missiles into the United States from his native China." The law bans the importation of missle systems designed to destroy aircraft. The law has a severe sentence of a minimum sentence of 25 years and a maximum of life in prison without parole.

If you or someone you know is involved in a state or federal crime, please call one of the New York criminal defense attorneys at The Mace Firm.

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Rashad Muhammad has been waiting to go to trial for charges in connection with nearly 500 pounds of marijuana found in North Charleston. Early this month, he finally got a day in court before he was sent back to jail to wait a little longer. According to news reports, "Prosecutors in the marijuana smuggling case against Muhammad failed to share key evidence with Charleston criminal defense attorneys until after the trial started, a misstep so grave that the judge abruptly ended the case Tuesday and made an assistant U.S. Attorney apologize to jurors for wasting their time."

Charleston federal defense attorney, Russell Mace, representing Muhammad "told Judge Duffy on Tuesday morning that prosecutors turned over important evidence after 7 p.m. the night before. Specifically, Assistant U.S. Attorney Matthew Modica gave them a waiver signed by one of the other men giving up his right to remain silent, plus that man's statement that Muhammad was not at his business the night of a search."

If you or someone you know is involved in a federal crime, please call one of the Charleston federal defense attorneys at The Mace Firm.

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On April 26, 2001, authorities were called to the home of Amy Hughes and her boyfriend, Lucas Bailey. A child was found dead at the scene and had noticeable trauma to the abdomen. An autopsy was performed and the doctor concluded that the child had been severely beaten in the abdomen and head, ultimately causing his death. A grand jury indicted Bailey for homicide by child abuse. The indictment stated that Bailey had inflicted physical injuries on the child, resulting in his death. Amy Hughes, Bailey's girlfriend and the victim's mother, testified that Bailey had cared for the child preceding the victim's death. She testified that early one morning, she heard a loud noise when Bailey was with the child and the child began to cry. Bailey and Hughes cared for the child and gave him cold medication, but he remained ill. When Hughes was returning from the store on the day of the incident, she found emergency personnel at her home. Hughes told authorities that Bailey had struck her child and caused his death. Bailey denied hitting the child and the case proceeded to trial.

At the trial, the jury was confused as to whether a conviction for homicide by child abuse required direct evidence that Bailey abused the child or whether neglect was enough. The jury could find no evidence presented that Bailey in fact harmed or abused the child. However, they did find the both Hughes and Bailey neglected the child by failing to provide adequate medical care. The judge explained that as long as the act or omission by Bailey was the proximate cause of the child's death, then that was enough to establish a conviction based on child abuse. The jury returned with a guilty verdict and Bailey was sentenced to 25 years imprisonment.

Bailey appealed his conviction, but the South Carolina Court of Appeals found that there was substantial circumstantial evidence that supported a finding that Bailey abused the child. Bailey then filed a post-conviction relief (PCR) application and alleged ineffective assistance of counsel because his attorney failed to object to certain jury instructions. A defendant has the right to an effective assistance of counsel based on the Sixth Amendment. To establish ineffective assistance of counsel, the PCR applicant must prove (1) counsel's performance was deficient, and (2) the deficient performance prejudiced the defendant. The PCR judge found that Bailey had not been prejudiced. Bailey appealed that finding to the Supreme Court of South Carolina. The Supreme Court found that since the indictment only alleged that Bailey physically abused the child, then that was all Bailey was required to defend against. When the judge informed the jury that it could find a conviction based on neglect, he erred because the indictment did not make any allegations that Bailey omitted performing an act. As such, Bailey's counsel was ineffective when she failed to object to the judge's erroneous instructions. Bailey was prejudiced by counsel's performance because it created a separate charge to which Bailey had to defend that was not mentioned within the indictment. The Court remanded for a new trial.

Continue reading " South Carolina Supreme Court Releases Opinion on Child Abuse Case " »

This week, a Conway man was charged with criminal domestic violence of a high and aggravated nature when he used his truck to hit his wife's vehicle into a tree. His wife told officers that she suspected that he was cheating on her when she witnessed him kiss another woman outside a bar. According to TheSunNews.com, "The woman said she slapped her husband and he pushed her to the ground and hit her before she was able to get up and run to her vehicle. The woman told police her husband drove up behind her at Third Avenue and struck her vehicle with his and pushed her vehicle into a tree on the sidewalk."

In other recent local news, a North Carolina man has been charged with assault with a deadly weapon inflicting serious injury. The man went inside a Bolivia area home and shot a 21-year-old man in the neck. The suspect is currently being held on $30,000 secured bond. In Murrells Inlet, a man turned himself in and is currently being held on drug and sexual assault charges. According to TheSunNews.com, "John Samuel Seals, 32, was charged with first-degree criminal sexual conduct, kidnapping, first-offense possession with intent to distribute drugs and third or subsequent offense of manufacturing or distribution of crack cocaine, according to records at J. Reuben Long Detention Center. Seals is being held without bond on the drug charges, but a judge set bond at $25,000 each on the sexual assault and kidnapping charges."

If you or someone you know has been charged with a crime, please call one of the state criminal defense attorneys at The Mace Firm.

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