South Carolina Criminal Lawyer Blog

On April 10, 2010, mother of three, Raquel Nelson, rode a bus to her apartment with her children in tow. Little did she know that when she and her children exited the bus, that they would be hit by a van as they attempted to cross a four-lane highway to get home. The accident caused the death of her son, 4-year-old AJ Nelson. The man who hit her and her family, Jerry Guy, has already had two prior hit-and-run convictions. Guy served a six-month prison sentence and is currently serving 5 years of probation related to this incident.

Nelson was unaware that by walking her children across a busy highway, where there was no crosswalk present, would be enough to lead to criminal charges. Nelson was convicted of second-degree vehicular homicide, reckless conduct and failure to use a crosswalk. This charges would have led to prison time, but with the help of her criminal defense lawyer, David Savoy, Nelson was sentenced to 40 hours of community service and 12 months probation. She was also given the option for a new trial, although it is unclear as to whether she will seek a new trial.

Residents of Nelson's apartment complex have reportedly complained about getting home from this bus stop. They say that the nearest crosswalk is nearly three-tenths of a mile from their homes. Although both parties, Nelson and Guy, are at fault in this terrible accident, it is unclear why Guy was only sentenced to six months, whereas Nelson would have served much more time, up to three years, in prison if the court had decided to go that route. Guy even admitted to drinking earlier that day and taking pain medications. The reports do not indicate whether he received any other charges in this accident due to drug or alcohol use.

Nelson is not the only mother who faces criminal charges for jaywalking. Altamesa Lovette Walker was arrested on misdemeanor charges of involuntary manslaughter and reckless conduct last year. Walker and her four children were trying to cross a busy road on the morning of November 17. They were not in a crosswalk when they were hit. Her daughter was killed and the mother and three siblings had minor injuries.

Jaywalking is not the best idea when it is dark outside and pedestrians are on large highways. It happens all too often that pedestrians are struck and injured or killed because they did not cross the road at a crosswalk. It is one problem if you choose to jaywalk across a busy highway alone, but the danger grown tremendously when you involve children.

Some feel that jaywalking is a silly crime, but it is still illegal. Police will write tickets for jaywalking, but it doesn't keep people from crossing dangerous streets and highways where there is no crosswalk in sight.

If you or someone you know has been charged with a crime, call one of the South Carolina criminal defense lawyers at The Mace Firm to schedule a free consultation.

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A mistrial means that a trial has been terminated before a verdict because of some error in the proceedings or a jury cannot agree on a verdict. There are several reasons a judge can call a mistrial which are:

1. Lack of jurisdiciton over the case;
2. Evidence has been admitted improperly; or
3. There was misconduct by a party to the case, a juror, or an outside source that has prevented due process.

Due process means that the government must respect all of the legal rights that are owed to a person according to the law.

In a criminal case, if a mistrial is mistakenly called by the court, or if prosecutorial misconduct forced the defendant into moving for a mistrial, the constitutional protection against double jeopardy bars any retrial. Double jeopardy is the constitutional right that a person cannot be subjected to a second trial or punishment for the same offense twice.

Roger Clemens was on trial for allegedly lying to Congress in his 2008 testimony about using performance enhancing drugs. On just day 2 of the perjury trial the judge declared a mistrial due to the prosecutors presenting inadmissable evidence to the jury. One of the main pieces of evidence against Clemens is the testimony of former teammate Andy Pettite. Pettite says that Clemens admitted to him that he has in fact used performance enhancing drugs. Clemens says that Pettite misheard him, but Pettite claims that he told his wife about the conversation on the same date that it took place. Before the commencement of the trial, Judge Walton ruled that Laura Pettite, Andy Pettite's wife, could not be called as a witness since she would only be testifying to hearsay. She had never spoken with Clemens directly regarding using performance enhancing drugs. The prosecution then proceeded to play a tape for the jury referring to Pettite's conversation with his wife which is exactly the conversation the judge said could not be brought into the trial.

After the prosecution blatantly ignored Judge Walton's orders, Clemens federal defense attorney requested a mistrial. Judge Walton declared the mistrial. Judge Walton stated to the prosecutor, "I think a first year law student would know that you can't bolster the credibility of one witness with clearly inadmissible evidence." Judge Walton has scheduled a hearing on September 2 to decide whether the case can be retried. Prosecutors have until July 29 to file the motion for the hearing.

Even if the government decides not to retry the case, Clemens reputation has already been permanently tarnished. He wasn't on trial for whether or not he used performance enhancing drugs but whether he lied about using them. The prosecutions enormous legal blunder has left it to the public to decide whether he has or has not used steroids and whether he was lying in his testimony in 2008.

This is the second mistrial involving a former star athlete accused in baseball's steroids scandal. Barry Bonds was convicted three months ago of obstruction of justice, but a mistrial was declared on three more serious false statements charges after jurors could not agree on a verdict.

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We have all heard of Lorena Bobbitt, who back in 1993, severed almost half of her husband's penis with a knife then drove for a while and threw the penis out of the window. After realizing the severity of her actions, she decided to call 911. The police searched for hours for the penis and finally it was located in a field, packed in ice and taken to the hospital where her husband was being treated. It took two doctors nine and a half hours to reattach. Lorena stated that she did this because that same night her husband came home after drinking heavily and raped her and while she was in the kitchen she saw a carving knife and memories of past domestic abuses raced through her head.

Lorena's defense attorneys argued that her husband's constant abuse caused her to act as she did becuse she was suffering from clinical depression and possibly post traumatic stress disorder because of the abuse. Although, when she was arrested she informed the police that, "He always have orgasm, and he doesn't wait for me to have orgasm. He's selfish." So, of course, the criminal defense attorney for her husband argued that that does not sound like a woman being raped. In the end, they were both acquitted of the charges that they were facing.

Now we have a new case of a woman chopping off her husband's penis because, "he deserved it." Catherine Becker and her husband were in the middle of a divorce when this took place. They had just had an argument over friends staying at their home. After lacing her husband's food with an unknown drug or poison, he went to bed thinking that something was wrong with his food. Once he woke up, Becker had tied his arms and legs to the four corners of the bed and she proceeded to take off his pants and cut off his penis, throw it in the garbage disposal and turn it on.

Becker later called the police to ask for medical help. Once the police arrived, they found her husband tied to the bed and bleeding from his crotch area. The police were able to recover pieces of the penis from the garbage disposal. Her husband was rushed to the hospital where he received emergency surgery and is now in stable condition.

Catherine Becker of Southern California has been charged with one felony count of torture, one felony count of aggravated mayhem, and sentencing enhancements for great bodily injury and personal use of a knife. Becker was scheduled to be arraigned on July 13, 2011, but the arraignment was rescheduled for July 22. After her court appearance, she was sent to the Orange County Jail medical ward to receive a psychological evaluation. If she is convicted of all charges, she faces a life sentence with the possibility of parole.

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99 gang members of the Mexican Mafia were arrested in California this week. Also seized by law enforcement were multiple weapons and drugs. One of the gang members associated with this crime is already incarcerated and was continuing to run Latino street gangs from his prison cell. The Mexican Mafia, also know as La Eme, started in the California prison system in the 1950's and eventually spread its influence to local street gangs. The gang's main focus was trafficking narcotics inside and outside the prisons. The investigation that lead to these arrests, "Operation Black Flag", had been going on for over 30 months and included many investigators from local and federal agencies.

In the 1970's the Mexican Mafia joined forces with another prison gang, Aryan Brotherhood, to prevent new California prison gangs from forming. Many of the prison gang members have committed very serious federal offenses, including violent crimes and crimes involving large amounts of drugs and weapons. While they serve their life sentences, they feel as if they have nothing to lose so they continue to commit violent crimes as ordered by their gang leader. Gang leaders even have the power to order murders and drug deals outside prison walls.

Most of the gang member inmates are in prison due to gang activity in the streets. This week, a cocaine bust occurred in Texas which involved suspected members of the Mexican Mafia and another gang called Texas Syndicate. The indictment, handed up by a federal grand jury in Austin on July 5, contains no detailed accusations against the men other than to charge them with conspiring to deal more than 5 kilograms of cocaine and more than 1 kilogram of heroin from April 1, 2009, to July 4, 2011. Each man faces up to life in prison. One of those charged in the case, Eloy Davila Jr., 53, is among four men with ties to the Mexican Mafia who are awaiting trial on a murder charge in Hays County. Authorities say the presence of the Mexican Mafia is not a good sign considering their brutal and violent crimes.

In 2003, 19 Texas Syndicate members and associates in Austin were charged and later convicted of being part of a drug-dealing gang that wreaked havoc with robbery, kidnapping and several murders from the mid-1990s to 2003. During that trial, a federal criminal lawyer said the gang's presence in Austin was overwhelming and that even as members were sent to prison, others got out, and the gang's Austin chapter was replenished with new soldiers to deal drugs and enforce the gang's rules with brutal violence.

If you or someone you know has been charged with a federal crime, call one of the federal criminal defense lawyers at The Mace Firm for a free consultation.

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Evans Oniha and Camillus Ehigie owned and operated Caravan Medical Supplies and Prosperity Home Health Services both in California. According to the government from October 2002 through February 2011, the owners wrongly obtained Medicare beneficiary information and used it to submit false claims for equipment and home health services. Oniha and Ehigie have submitted more than $19 million in fraudulent claims to Medicare for durable medical equipment and in-home nursing services that usually were not provided to Medicare beneficiaries. They were both indicted in February 2011.

A federal jury in the Central District of California found Oniha guilty of one count of conspiracy to commit health care fraud, four counts of health care fraud and one count of false statements relating to health care matters. Ehigie plead guilty on July 5, 2011, to multiple health care fraud charges in connection with his participation in the health care scheme.

Medicare fraud is a serious charge, both co-owners could be looking at spending a lot of time in federal prison. Oniha is scheduled to be sentenced on September 19, 2011 and Ehigie is scheduled to be sentenced on January 30, 2012. Hopefully they have both been represented by a good federal defense attorney who helped them work with the government so that the time may be reduced.

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Three loan officers and a title agent were charged in $2.5 million reverse mortgage and loan modification scheme with conspiracy to commit wire fraud. This scheme involved defrauding elderly borrowers, financial institutions and the Department of Housing and Urban Development. Reverse mortgages are a financial product that allows homeowners 62 and older to tap into their home equity to pay their living expenses. But the loan officers and title agent altered real estate appraisals to fraudulently inflate the value of the borrowers properties. According to prosecutors the borrowers didn't have enough equity to qualify for reverse mortgages.

Genworth Financial Home Equity Access, Inc., the company the borrowers refinanced with, believed the appraisals and approved loans for 14 properties in 6 states in 2009 and 2010 and paid out $2.5 million. The defendants used a loan modification scheme to hide the reverse mortgages from the original mortgage lenders and did not payoff the original loans. In some cases, the four created fictitious short sale offers to purchase some of the properties.

The defendants appeared in court on Wednesday to face the charges. This type of mortgage fraud carries with it up to 30 years in federal prison and fines of up to $1 million. They are all going to need a good federal lawyer to represent them in federal court.

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Grand Larceny is the theft of someone's property, including money, over a $1000. Upon conviction, the person is guilty of a felony and can be fined and also imprisoned for up to five years if the value of the property is more than $1000 but less than $5000 or up to 10 years if the value of the property is $5000 or more.

Edwin Scott Trotter, a local developer has been charged with grand larceny. Allegedly three board members of the Litchfield Plantation Association stated to the Georgetown County Sheriff's Office that Trotter stole promissory and mortgage notes from the association. The three witnesses said in the police report that Trotter, who was the former president of the association, had assigned all of the mortgage and promissory notes to his company, the Litchfield Plantation Buyout Group.

Last week Trotter was arrested and charged with grand larceny, $10,000 or more which means he could be fined and spend up to 10 years in state prison. Trotter will need a good South Carolina criminal lawyer to represent him on this charge.

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Reynaldo Orozco, a Miami contractor, who owned and operated Rock Construction Builders Inc., from 2004 through 2007 pleaded guilty on March 22, 2011, to one count of filing a false employment tax return. Orozco admitted that he issued corporate checks to other corporations that did not perform any work for his company. He then cashed the checks at local check cashing stores and used most of the cash to pay his employees. He did not report the cash wages on quarterly employment tax returns and did not withhold and pay over employment taxes on the wages.

Rock Construction Builders failed to report approximately $3,294,426 in cash wages to the Internal Revenue Service. Due to the nonreporting, the United States Treasury lost approximately $504,047 in unemployment taxes.

The Department of Justice and IRS announced yesterday that Reynaldo was sentenced to 18 months in federal prison for filing a false employment tax return. He was also ordered to pay $504,047 in restitution to the United States.

If you or someone you know is facing indictment by the Federal Government, please call one of our federal defense attorneys at The Mace Firm to schedule a free consultation.

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Roger Clemens perjury trial began this week in Washington, he faces charges that he lied to Congress about using performance-enhancing drugs. Three years ago, Clemens told a House committee under oath that he never used performance-enhancing drugs. There is quite a lineup of other baseball players that will be a part of this case, including Barry Bonds, Sammy Sosa and Jose Canseco, to name a few. Along with other players who have been indicted in the steroids era, Clemens is not being charged with drug crimes, but lying about drug use.

If Clemens' federal defense attorney persues the theory that the accuser made up the allegations that he injected Clemens with steroids, the judge stated that he might allow other baseball players to testify they knowingly received performance-enhancing drugs.

Clemens' federal criminal lawyer has reportedly said that the accuser (Clemens' former trainer), Brian McNamee, is a serial liar who made these allegations up against his star client to save himself from being unemployed. The defense attorney will attempt to discredit McNamee by showing the jury that he has a history of lying.

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Today, a Florida jury found Casey Anthony not guilty of murder and abuse charges she has been facing since the 2008 disappearance and murder of her daughter, Caylee Anthony. Casey has been serving jail time ever since her arrest after Caylee was found dumped in the woods near her home. Although she was found not guilty of serious charges, she was found guilty of four counts of providing false information to law enforcement. Casey could face one year in jail for each count. Since Casey has been jailed for about three years, federal criminal lawyers feel that there is a possibility she will be freed on time-served at her sentencing hearing this Thursday.

Since the verdict was released to the public, many people are experiencing feelings of outrage and disbelief. Some are under the impression that Casey Anthony will probably go on to make a lot of money with book deals and interviews. Others feel that the prosecution in this case is at fault for the not guilty verdict. The prosecution did a poor job at proving exactly how Caylee died. They lacked strong evidence to support their claim that Casey Anthony drugged and suffocated her daughter then transported her dead body in the trunk of her car. Casey's federal defense attorney argued that Caylee was not murdered, but drowned accidentaly in the family pool.

This trial has caused a lot of stress to Casey, her family and her federal criminal lawyers. Various news reports say that her mom and dad haven't spoken with Casey since the verdict was presented. Casey and her family must now go on rebuilding their lives. Although we may never know what really happend to Caylee Anthony, there is closure for Casey and her family now that the trial is over.

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Keith Hasson was arrested on Wednesday at an apartment in San Fernando Valley, CA. Mr. Hasson is reportedly the leader of a nationwide cocaine and marijuana trafficking ring that operated from 1999 to 2005 and produced over $20 million in cash and assets.

Hasson was listed on the 15 most wanted fugitive list as of June 6, 2011. He has a criminal history as far back as 1981. He has been arrested for robbery, assault with a deadly weapon, attempted murder, possession with intent to distribute, and burglary. He is also possibly linked to two gang related killings.

The U.S. District Court in New Mexico indicted Hasson in 2005 for conspiracy to distribute controlled substances, continuing criminal enterprise, and conspiracy to launder money. His brother was convicted in the same case and is serving a 24 year prison sentence.

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Operation Wax House is a four-year investigation into fraudulent activities in seven affluent Charlotte-area neighborhoods. Allegedly, mortgage fraud groups have been buying new houses at their true price, then arrange for a "straw buyer" - a pretender - to take a loan to buy the house for much more than the true price. In order to make this happen, many documents must be falsified to convince lenders that the homes are worth much more than they actually are. Once the sale of the home is finalized, the mortgage fraud groups split the difference between the actual price of the home and the inflated loan amount.

Federal prosecutors for Operation Wax House expect to catch up to 70 defendants for mortgage fraud, including promoters, mortgage brokers, closing attorneys, notary publics and straw buyers. North Carolina ranks number three in the country for suspicious activity reports for mortgage fraud, falling behind California and Nevada.

According to the FBI, mortgage fraud is a growing crime threat that is hurting homeowners, businesses, and the national economy. Although banks and lenders are required to keep records and report fraudulent activities, some schemes are very sophisticated and require years of investigation to uncover.

If you or someone you know is involved in a white collar crime like mortgage fraud, contact one of our Charleston federal criminal defense lawyers at The Mace Firm for a free consultation.

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The trial for the murder of 2 year old Caylee Anthony will continue without the testimony of the defendant, Casey Anthony. Casey will face a possible death sentence if she is convicted of the 2008 murder of her daughter, Caylee Anthony. Once Casey told the judge she will not testify as to what happened to her daughter, her defense team rested its case. During over 30 days of this trial, many people have given their testimonies, like Anthony's parents, grief experts and medical examiners.

Although she will not testify, Casey's criminal defense attorney is arguing that she first lied about Caylee being abducted by a nanny, then lied about the accidental drowning of her daughter because she was sexually abused by her own father, George Anthony.

There is reasoning behind the decision of her defense lawyer to not have Casey testify. They have decided to go this route because there is a chance that some of jurors may relate to Casey regarding the allegations that she was molested by her father. When people are put under that type of personal stress, they may act in unusual ways. In Casey's case, the ways she dealt with the disappearance of her daughter was by partying and going on shopping sprees.

Before the jury decides who is guilty in this murder case, they must comb through all the evidence that was presented and interpret each testimony given by witnesses and experts.
Some think that the absense of her testimony will leave a huge hole in Casey's defense. There have been quite a few stories suggested by the defense, including that Casey was present at the time of Caylee's drowning, which may or may not have happened. All of us on-lookers will have much to look forward to as the attorneys make their closing statements and the jury deliberates.

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