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Myrtle Beach, SC 29577
Category Archives: Know your rights
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Felony DUI in SC: Warrantless Blood Draws are Unconstitutional
Warrantless blood draws are unconstitutional unless the suspect consents to the blood test or exigent circumstances would excuse the failure to seek a warrant. That’s been the law according to the US Supreme Court for some time, although South Carolina’s appellate courts have tried to…
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When Does Double Jeopardy Apply?
When does double jeopardy apply in a criminal case in South Carolina? Double jeopardy bars a second prosecution if you’ve been acquitted or convicted of a criminal charge and the state tries to charge you with the exact same crime based on the same facts…
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Vega v. tekoh: The death of miranda?
Is the US Supreme Court’s opinion in Vega v. Tekoh “the death of Miranda?” No… It is not the death of Miranda, although it could be an ominous sign of what the Court is planning in future appellate opinions. Tekoh does not “do away with”…
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What is a preliminary hearing in sc?
A preliminary hearing in SC is a probable cause hearing where the prosecution must prove that there was probable cause for your arrest and charges. If there was no probable cause, your case is dismissed. If the court finds that there was probable cause for…
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Why you should get an attorney before talking to police: state v. tillman
State v. Tillman, decided February 17, 2021, illustrates why you should get an attorney before talking to police. Tillman (according to him, not according to police) came home after work one day to find his live-in girlfriend dead of a gunshot in their home. He…
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$200,000 verdict upheld for false imprisonment and malicious prosecution
A University of South Carolina professor’s jury verdict of over $200,000 for false imprisonment and malicious prosecution was upheld by the SC Court of Appeals in Hassell v. City of Columbia on July 1, 2020. The professor was wrongfully arrested for DUI although he looked…
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should i talk to the police?
You answer a knock on your door to find a uniformed police officer standing outside on the porch. You’re feeling nervous and can feel the adrenaline starting to pump, but you answer the door anyway, hoping everything is okay. “Hello, Mr. Smith,” the polite officer…
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How does the ‘pain and suffering multiplier’ work?
You’re driving home from work, minding your own affairs, and you get into a car accident. After weeks of physical recovery, you still are disfigured and suffer from chronic pain. How is it possible to put a dollar amount for compensation for such pain and…
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Can i be arrested for going to a party in sc?
In 2008, police in D.C. arrested 21 people for trespassing and disorderly conduct after they were invited to a bachelor party. Although there was no evidence that the partygoers knew they were trespassing, the girl who invited them did not have permission to have the…
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Can police search my car without a search warrant?
“Come back with a warrant!” Is a phrase that we hear often in movies, on social media, and in YouTube videos. What about when a police officer is asking for consent to search your car? Or when a police officer is telling you to step…
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