Myrtle Beach Legal Blog

Shoplifting Charges - Defenses and Wrongful Arrests in SC

On behalf of Axelrod & Associates, P.A. posted in Criminal Defense News on Friday, October 23, 2020.

Did you know that you don't have to leave the store with an item for them to stop you and have you arrested for shoplifting? Or that you can be charged with shoplifting if a store employee thinks that you changed the price tag on an item?

Shoplifting charges can be more complicated than you would think, and it is one area of criminal law where many innocent people are wrongfully charged and caught up in the criminal courts.

How does the state prove shoplifting charges, and what are some possible defenses? Why would police arrest and charge someone who didn't break the law? What can you do if you were wrongfully arrested for shoplifting in SC?

Why Do We Have Workers' Compensation Insurance?

On behalf of Axelrod & Associates, P.A. posted in Workers' Compensation on Friday, October 23, 2020.

Why do we have workers' compensation insurance?

If you are injured because of someone else's negligence, you can file a lawsuit and they are required to compensate you, right? Why isn't that enough when a worker is injured on the job?

At Axelrod and Associates, we help clients who have been injured on the job, whose only recourse is to make a claim through their employer's workers' compensation insurance, and who often have an uphill battle forcing workers' compensation insurance companies to pay their claims...

Why?

Is worker's compensation intended to protect workers or does it protect corporations?

Below, we will discuss the problems with compensating workers for on the job injuries throughout history, and how we ended up with the sometimes-frustrating compromise of mandatory workers' compensation insurance.

What are the Most Common Types of Personal Injury Claims?

On behalf of Axelrod & Associates, P.A. posted in Personal Injury on Friday, October 16, 2020.

What are the most common types of personal injury claims?

At Axelrod and Associates, our personal injury attorneys help our clients to receive full and fair compensation in a wide range of personal injury cases. The most common types of personal injury claims that we handle include automobile accidents, slip and fall and other premises liability claims, medical malpractice claims, assaults, dog bites, workplace accidents, and wrongful death cases.

Any time that you are injured because of someone else's negligence or intentional acts, the person or company who caused your injuries is responsible for the damage that they caused, and your personal injury lawyer on the Axelrod team has the experience that you need to recover the maximum compensation owed to you.

COVID Pandemic's Impact on Divorce Rates

On behalf of Axelrod & Associates, P.A. posted in Divorce on Friday, October 16, 2020.

How has the COVID-19 pandemic affected divorce rates in the United States?

Many predicted that the stress from quarantine, financial troubles, and children staying home from school would result in a higher divorce rate during or immediately after the pandemic, but has that turned out to be true?

So far, it depends on where you look...

The pandemic's impact on divorce rates nationwide has been significant, with an even greater impact on divorce rates in some southern states, but it hasn't resulted in more divorce filings in Horry and Georgetown Counties.

Not yet, anyway...

Does Workers' Compensation Cover Carpal Tunnel Syndrome in SC?

On behalf of Axelrod & Associates, P.A. posted in Workers' Compensation on Friday, October 9, 2020.

Does workers' compensation cover carpal tunnel syndrome (CTS) in SC?

It should if the carpal tunnel is related to your work duties. Carpal tunnel is a type of "repetitive trauma" that can result from typing on a keyboard for hours every day, operating a machine, or performing any repetitive task. If your job requires repetitive trauma to your hands and wrists, the resulting carpal tunnel syndrome is compensable as an accidental injury.

What is carpal tunnel syndrome, how is it caused, and how do you know when you have it?

Is the Smell of Marijuana Probable Cause to Search a Car in SC?

On behalf of Axelrod & Associates, P.A. posted in Marijuana Defense on Wednesday, October 7, 2020.

Spoiler alert: The smell of marijuana is probable cause to search a car in SC. For now. Even if the drug dog doesn't smell marijuana, and even though smokable hemp is absolutely legal in our state.

When an observation (smell) may indicate either 1) illegal activity (marijuana) or 2) legal activity (hemp), is that observation probable cause that a crime has been committed? Does it give an officer probable cause to hold you on the side of the road while they toss your car?

An increasing number of states have found that the odor of marijuana, formerly every police officer's go-to excuse to search your car, is no longer probable cause.

What Does a Probate Lawyer Do?

On behalf of Axelrod & Associates, P.A. posted in Probate and Estate Planning on Wednesday, September 30, 2020.

What does a probate lawyer do?

If your loved one has passed and you are now the executor of their estate, you may be feeling overwhelmed and you may have lots of questions. Do you need to file documents with the probate court? Is it even necessary to go through probate? What other things must be done to settle the estate? How do I handle beneficiaries who disagree or who may challenge the will?

A probate lawyer can help you to navigate these and the many other potential issues that will arise when a loved one passes, but they also can do much more than this. A probate lawyer can also help to prepare for probate ahead of time by preparing a simple will, a complex will, or a comprehensive estate plan that protects your assets for your children and your family's future.

Below, I'll answer some questions about what a probate lawyer and estate planner does and how they can help you both in preparation for and during the probate process.

Out of State Auto Accident - What Should You Do?

On behalf of Axelrod & Associates, P.A. posted in Motor Vehicle Accidents on Wednesday, September 30, 2020.

Any auto accident can be traumatic - property damage, hospitals and doctor visits, lost time from work, and the stress of trying to get compensation for the accident are just a few of the problems that an auto accident victim must deal with. When you are involved in an out of state auto accident, however, the stress and confusion can be even worse.

Are the laws different in South Carolina than in your home state? Where do you file the lawsuit against the other driver - at home or in South Carolina? Can an attorney in your hometown help you to get compensation or do you need to talk to someone in SC?

Millions of people visit the Myrtle Beach/ Grand Strand area every year as tourists or for business trips, and many are involved in auto accidents each year. Below, we will try to answer some of your questions about what you should do if you are involved in an out of state auto accident while in the Myrtle Beach area.

What is Hearsay? Why an Officer's Statements During Interrogation are Inadmissible

On behalf of Axelrod & Associates, P.A. posted in Criminal Defense News on Wednesday, September 23, 2020.

In State v. Washington, the SC Court of Appeals reversed a burglary first-degree conviction because the trial court allowed the prosecutor to play audio of an interrogation - including hearsay statements made by the investigator.

What is hearsay, and why aren't an officer's statements during an interrogation admissible? If you are in trial and the prosecution attempts to play an officer's hearsay statements for the jury, how do you preserve the record for appeal?

More importantly - why do we even have this appellate opinion in 2020, when the exact same issue was decided in 2015?

What is a Simple Will?

On behalf of Axelrod & Associates, P.A. posted in Probate and Estate Planning on Tuesday, September 22, 2020.

Everyone knows that a "will" is the document that says who gets your property after your death - but what is a "simple will?"

"Simple will" is not a legal term - it's just a way of saying that you do not have a complex estate, there are no tax issues that you need to resolve in the will, there are no trusts that need to be created to accomplish your goals, and there are no legal issues like how to protect a disabled child or family member's assets after your death.

When is a simple will enough to accomplish your goals, and when do you need a "complex will?"