South Carolina Criminal Lawyer Blog

Actress Lindsay Lohan was sent back to jail this week when a judge revoked her probation pending a hearing to determine whether she violated her probation on drunk-driving and jewelry theft convictions. Lohan's bail was set at $100,000 and L.A. County Superior Court Judge Stephanie Sautner told Lohan that if she wanted to "mitigate any further punishment, she should complete 16 hours of community service at the county coroner's office between now and her Nov. 2 probation violation hearing." Earlier this year, Lohan served 35 days house arrest at her home in Venice instead of spending 120 days in jail because her misdemeanor shoplifting conviction was a nonviolent offense.

Judge Sautner reviewed Lohan's probation progress and said Lohan deliberately "blew off" the 360 hours of community service that she had been ordered to complete at the Downtown Women's Center, missing nine appointments and logging only 21 hours. "I thought she could be of value to downtown women's center but obviously not" Saunter said. "She has to do 56 of 60 days [of community service] with six months already gone. How many violations have there been? Probation is a gift not a right." The judge said she never approved of Lohan performing community service with the American Red Cross rather than the women's shelter and those hours won't count toward her sentence. Lohan's criminal defense attorney, Shawn Holley, said the actress "had to earn a living to support herself and her family" and her opportunities are in Europe. However, the Judge also said that jail was no place for Lohan because felons are being sent there by the State.

This isn't the first time Lindsay Lohan has been in trouble with the law, not even close. In the summer of 2010, Lindsay was sentenced to 90 days in jail and 90 days of in-patient rehab when she violated her probation for her DUI conviction. She only ended up serving a portion of her sentence because female, non-violent prisoners only do about 25 percent of their sentence in Los Angeles County. If Lohan would have gone to rehab months prior to her DUI, it could have been avoided. Her criminal defense lawyer stated that "incarceration is [not the best] place for addicts." The prosecutor for this case, Danette Meyers, went to great lengths to show the degree to which Lohan violated her probation by failing to attend weekly alcohol education classes according to the schedule set by Judge Revel.

Criminal charges can really take a toll on you and your family. If you or someone you know has been charged with a crime, call one of the Myrtle Beach criminal defense lawyers at The Mace Firm for a free consultation.

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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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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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44 year old John Mccoy was arrested around 8 a.m. this morning on Broadway Street in Myrtle Beach. Mccoy is wanted in two different states, Indiana and Arkansas, for two different crimes. The man is wanted in Indiana for charges of child molestation. He also still has four years of a prison sentence there. Another charge Mccoy is facing is larceny in Arkansas. Mccoy will be extradited and will face prosecution for being a fugitive. Mccoy will probably need a good criminal defense lawyer to help him with his case.

Police across the country in Montana weren't so lucky with their encounter with a fugitive. After a shootout with police last weekend, the fugitive, David Burgurt ran into the Lolo National Forest and was unable to be found. The Sun News reports at the time of Burgert's 2002 arrest, U.S. authorities said Project 7 planned to kill officials in a plot to overthrow the federal government. Burgert was caught with a military-style assault rifle, and deputies recovered thousands of rounds of ammunition.

If Burgert is caught, he will likely need a good criminal defense lawyer. Our Myrtle Beach criminal defense lawyers are experienced in handling federal crimes and state crimes. If you or someone you know has been charged with a crime, call one of the Myrtle Beach criminal defense lawyers at The Mace Firm for a free consultation.

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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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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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According to South Carolina's newspaper, The State, William Craig Caughman of Columbia, South Carolina was arrested today for leaving the scene of an accident involving death. This type of offense is more commonly known as a hit and run. Allegedly, Caughman was driving his pickup truck on February 21, 2010 in downtown Columbia and struck a motorist, Toby Morriss. Since Caughman fled the scene, it is unknown whether he was under the influence of alcohol or drugs. Shortly after the incident, someone found Morriss' body in the road and immediately contacted authorities. Morriss was rushed to Lexington Medical Center, but died seven (7) days later from a blockage in his lungs associated with the injuries he sustained during the accident.

Until recently, the police have had few leads and no suspects; however, an anonymous tipster called in and identified Caughman as a potential suspect, so the police began their investigation. They discovered that he hid his 2000 Ford Ranger in a shed and the doors had been removed. Investigators believe that other individuals may have assisted him in covering up evidence. As a result of the charges against him, Caughman is facing a maximum of twenty-five (25) years in prison as the crime committed is considered a felony in the state of South Carolina.

For this particular case, Caughman will need an attorney that are knowledgeable about the penalties for varying degrees of homicide. In any situation, if you are under police investigation, it is vital to contact a criminal defense attorney that is experienced in both state and federal law. Our South Carolina attorneys can assist you if you are being investigated or have already been indicted for a crime.

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The United States Supreme Court has recently made a crucial decision on individual rights related to police searches. The decision comes from a lower court state criminal case in Arizona. A defendant was arrested for driving without a valid license. The resulting search produced cocaine and a felony arrest for cocaine. The case reached the United States Supreme Court based on the impact on individual protections. These searches of vehicles can only be attacked by a motion to suppress. In South Carolina State court this motion is not heard until the day of trial unlike most other jurisdictions. This puts the criminal defense attorney in South Carolina in a difficult position to prepare for trial. The case can change dramatically depending on the Court's ruling. The Gant decision will provide the basis for many motions to suppress in South Carolina. The case law in South Carolina is very limited compared to many jurisdictions. One reason for this is the population of South Carolina is very rural and the actual number of cases going to trial is also very limited.
The Federal Courts in South Carolina will take immediate notice of this Supreme Court decision. Many of the State courts will most likely have to litigate the issue and provide the United States Supreme Court analysis for their local decisions. Any good criminal defense lawyer in South Carolina will be familiar with this decision and be able to apply this to any potential case. A good criminal defense attorney will also try to expand the meaning of this ruling to other cases that may be similar. Many attorneys will see this decision as hurting individual rights in the future, but the opposite should be true. This decision should be expanded to other areas of search and seizure law in the United States and South Carolina.

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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.

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