In Myrtle Beach, there are moped rentals and scooter rentals at numerous locations including near Ocean Boulevard, Family Kingdom Amusement Park, the SkyWheel, and Market Commons – vacationers and locals alike can be found zipping through the streets of Myrtle Beach on rented mopeds.
We also have far too many moped crashes including moped deaths – fatalities that are often caused by reckless drivers who were not paying attention and not keeping a proper lookout for mopeds, scooters, bicycles, motorcycles, and pedestrians.
If you have been involved in a moped crash, or if your family member has been killed by a reckless driver while riding a moped or scooter, you should contact a Myrtle Beach moped death attorney as soon as possible for an evaluation of your case.
Below, we will review just a few of the more recent moped deaths in South Carolina and the Myrtle Beach area.
Earlier today, a woman was killed while riding her moped on Kings Highway at 12th Avenue South.
According to Myrtle Beach police, the driver of the other vehicle was arrested and charged with failure to yield right-of-way and not having a driver’s license:
A 56-year-old woman died after she was involved in a collision while riding her moped in Myrtle Beach on Wednesday, according to Horry County coroner Tamara Willard.
Willard said that at approximately 6:45 a.m., [the crash victim] crashed with another vehicle on Kings Highway at 12th Avenue South.
According to Myrtle Beach police Cpl. Chris Starling, one person was arrested in connection to the incident. They were charged with no valid driver’s license and failing to yield right of way.
Failure to yield right of way, if it caused the moped crash, is “negligence per se” because the driver violated a traffic law.
The crash victim’s family should immediately contact a moped crash attorney in Myrtle Beach for a free evaluation to investigate the crash, determine whether the driver is liable, and identify all potential sources of recovery in a wrongful death lawsuit.
On December 26, 2023, a man was killed “from injuries sustained from being struck by a vehicle” while riding his moped:
A Myrtle Beach man died while operating a moped on Dec. 26, according to Horry County Chief Deputy Coroner Tamara Willard.
[The moped crash victim], a 60-year-old Myrtle Beach resident, died at Grand Strand Regional Medical Center two days later from injuries sustained from being struck by a vehicle. The crash occurred at around 10:30 p.m., according to Willard.
Depending on the results of the family’s attorney’s investigation and the SC Highway Patrol’s investigation of the crash, the victim’s family might be able to collect compensation for their loved one’s death from the at-fault driver or drivers.
Last April, a moped rider was killed near Surfside Beach, SC in a single-vehicle accident:
One has died after being involved in a moped crash earlier this week in Horry County, according to an official.
LCpl. Lena Butler with the South Carolina Highway Patrol said the wreck happened Sunday afternoon on private property in the area of Sedgefield Drive, located just west of Surfside Beach.
Butler said the driver of a 2017 moped was heading north when they spilled, injuring the driver.
The driver was taken to a hospital, where they died Tuesday.
Can a crash victim recover damages after a single-vehicle collision?
It is possible that the crash victim can recover compensation from their insurance policy or other insurance policies that may apply including uninsured coverage, and multiple insurance policies can be “stacked” in South Carolina.
Following a single-vehicle crash, you should consult with an experienced wrongful death attorney who can evaluate 1) the cause of the crash and 2) all potential sources of recovery.
Two weeks ago, a 38-year-old man was killed when his scooter and a pickup truck collided in Aiken County:
A person was killed Monday when the electric scooter he was riding collided with a pickup truck, according to South Carolina Highway Patrol.
[The crash victim], a 38-year-old Graniteville resident, died in the accident, Aiken County Coroner Darryl Ables said Tuesday.
The two-vehicle collision happened at about 8:40 p.m. Monday in Aiken County, said Lance Cpl. Lena Butler of the Highway Patrol.
Both the scooter and a 1999 Dodge Ram were driving south on Ascauga Lake Road, and the pickup collided with the scooter near the intersection with Old Powderhouse Road, officials said.
[The crash victim] was taken to an area hospital where he died, according to Ables.
Butler said the driver was the only person in the pickup, and was not hurt. No other injuries were reported.
There were two moped deaths in Greenwood, SC, last November when, ccording to the coroner’s report, a commercial truck pulling a wood-chipping trailer made “a left turn onto North Emerald Road in the path of” a three-wheeled moped, killing two people:
Two people are dead following a wreck Monday afternoon involving a three-wheeled moped and a commercial truck collided.
…The moped was traveling along South Emerald Road shortly after 4 p.m. with a passenger when a commercial truck with a wood-chipping trailer attempted to make a left turn onto North Emerald Road in the path of the moped, according to the coroner’s office.
If you have been injured in a moped crash or electric scooter accident in South Carolina, the Myrtle Beach motorcycle accident attorneys at Axelrod & Associates may be able to help you get the maximum compensation you are entitled to under SC law and the facts of your case.
Call 843-258-4478 or complete our contact form for a free initial consultation.
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An expungement – called an “expunction” in some states – is when a judge orders all government agencies to destroy all records of your arrest, prosecution, and conviction (if you were convicted) or all records of your arrest and prosecution if your case was dismissed or if you were acquitted.
In this article, we will discuss the types of convictions that can be expunged under SC law, including:
A quick survey of websites and blog posts discussing expungements in SC reveals several articles with what appear to be incomplete lists of the expungements that are available under SC law.
One reason for this is that SC expungement laws keep changing – some attorneys have provided lists of convictions that could be expunged ten years ago, while others have only provided updates to SC expungement laws (for example, the 2018 amendments that added first-offense drug convictions for possession and possession with intent to distribute (PWID)) to the list without providing the complete list.
Here is what we believe is a complete, comprehensive list of all types of convictions that can be expunged in SC as of March 2024, including:
First-offense magistrate or municipal court convictions with a maximum potential penalty of up to 30 days can be expunged in SC after three years under SC Code § 22-5-910.
This does not include traffic offenses like speeding or driving under suspension. Unless there is a specific provision authorizing expungement (reckless driving tickets can be sent to PTI, for example), traffic offenses cannot be expunged under SC law.
A first-offense third-degree domestic violence conviction in the magistrate or municipal court can also be expunged, but only after five years.
In 2018, SC expungement law was amended to include all first-offense drug possession convictions after three years – including offenses like possession of cocaine, crack, meth, heroin, or prescription drugs.
Possession with intent to distribute convictions can now be expunged as well, but you must wait 20 years after the completion of your sentence before you can apply for an expungement.
YOA convictions can now be expunged five years after the date of the completion of the person’s sentence. This does not include offenses that:
You must plead guilty under the Youthful Offender Act to qualify for a YOA expungement (before this amendment was passed, you could get a YOA conviction if you would have qualified for a YOA sentence under Gay v. Ariail, even if you did not receive a YOA sentence, but the legislature changed this to require the person to plead guilty under the Youthful Offender Act).
More types of convictions are eligible for expungements in SC, and they are listed in SC Code § 22-5-910. These include:
(1) Section 34-11-90(e), first offense misdemeanor fraudulent check;
(2) Section 44-53-450(b), conditional discharge;
(3) Section 22-5-910, first offense conviction in magistrates court;
(4) Section 22-5-920, youthful offender act;
(5) Section 22-5-930, first offense simple possession or possession with intent to distribute drug convictions;
(6) Section 56-5-750(F), first offense failure to stop when signaled by a law enforcement vehicle;
(7) Section 17-22-150(a), pretrial intervention;
(8) Section 17-1-40, criminal records destruction, except as provided in Section 17-22-950;
(9) Section 63-19-2050, juvenile expungements;
(10) Section 17-22-530(A), alcohol education program;
(11) Section 17-22-330(A), traffic education program;
(12) Section 17-22-1010, Youth Challenge Academy and Jobs Challenge Program; and
(13) any other statutory authorization.
Under SC’s new “constitutional carry” bill, first offense firearm possession with a potential penalty of no more than one year can be expunged after three years.
Anyone who has been convicted for unlawful possession of a handgun before the constitutional carry bill was passed can also apply for an expungement, but they must apply within five years of the date the bill was signed into law (March 7, 2024).
There are fees that you must pay depending on the type of expungement you are seeking, and there may be attorney fees if you are using a Myrtle Beach, SC, expungement attorney to help you get your record expunged.
Contact our office or the solicitor’s office in the county where you were convicted to get an exact quote for the cost of your expungement.
If you are charged with a crime and the prosecutor or court dismisses your charges or if you are acquitted by a jury at trial, you can get all records of your arrest and prosecution expunged even though there was no conviction.
In General Sessions Court, an expungement after a dismissal or acquittal should not cost any court fees (although there may be attorney fees).
It is not automatic, however. You or your attorney must apply to the solicitor’s office in the county where you were convicted for an expungement of each charge that was dismissed.
In magistrate and municipal courts, the courts are required by law to automatically process your expungement after a dismissal or acquittal.
There’s a good chance they won’t, however. After a reasonable period of time has gone by, you or your attorney should follow up with the clerk of court if your case has not been expunged automatically.
If you complete a pre-trial diversion program, and your charges are dismissed, you can get the records of your arrest, prosecution, and dismissal expunged, including:
You may need to apply for the expungement through the office that handled your pre-trial diversion, and you may need to pay additional fees to that agency before they process your expungement.
If you are not sure if your convictions can be expunged in SC, call a SC expungement lawyer on the Axelrod team. We will review your criminal history, determine if you are eligible for an expungement in SC, help you complete the paperwork, and follow through to ensure that your record is expunged.
Call Axelrod and Associates now at 843-258-4582 or send an online message to talk with a Myrtle Beach, SC expungement attorney today.
]]>Ethan Crumbley, at age 16, pled guilty to murder and terrorism after shooting and killing four of his classmates and injuring seven others.
Ethan’s mother, Jennifer Crumbly, was convicted of manslaughter at trial last month for not doing enough to stop the shooting, and Ethan’s father, James Crumbley, is expected to start trial next week on manslaughter charges for not preventing the shooting.
We’ve blogged before about parental liability when your teenaged child gets into an auto accident, but this is different. This is criminal liability…
What is involuntary manslaughter, and how can they arrest, prosecute, and convict a parent for a crime their child committed? Could this happen in South Carolina?
In general terms, manslaughter is an unlawful killing that is something less than murder. It is unlawful because the killing was not justified or legally excused, for example by self-defense or defense of others.
There is no malice – the state of mind required for a murder conviction. In many cases, a manslaughter conviction is based on criminal negligence instead of willful or intentional conduct.
What that means exactly depends on the state where you live, and manslaughter is defined differently under South Carolina law and Michigan law.
Can a parent be convicted of manslaughter based on a murder committed by their child in Michigan?
As of today, the answer is yes…
Involuntary manslaughter is not defined by statute in Michigan, although Michigan Penal Code § 750.321 sets the penalty for conviction at up to 15 years in prison, a fine of up to $7500, or both.
Manslaughter is an unlawful killing without malice.
Involuntary manslaughter is a common-law offense in Michigan, and the elements are defined by case law. See, People v. Datema (“In Michigan, the penalty for manslaughter is codified, but the definition is left to the common law. People v Stubenvoll, 62 Mich 329, 331; 28 NW 883 (1886). As noted by this Court in People v McMurchy, 249 Mich 147, 162; 228 NW 723 (1930), “The law of manslaughter as it exists today has been adopted from the old English common law.””)
Voluntary manslaughter includes “all homicides whether intentional or unintentional which are committed with a person-endangering-state-of-mind and are not justified or excused but are perpetrated under circumstances of recognized mitigation.”
Involuntary manslaughter in Michigan “is a catch-all concept including all manslaughter not characterized as voluntary.” Involuntary manslaughter can include situations where a death was caused by the defendant’s negligence or where a death results and there is an underlying crime, similar to SC’s felony murder rule (but it applies to misdemeanors like assault and battery).
With Ethan Crumbley’s parents, the prosecutor’s theory is that the parents were criminally negligent, and their negligence resulted in the deaths of their child’s classmates.
Like Michigan law, manslaughter in South Carolina is an unlawful killing without malice (if there is “malice aforethought” the charge is murder).
Manslaughter is also a common law offense in SC, but the elements of voluntary and involuntary manslaughter are defined differently than they are in Michigan.
Voluntary manslaughter, which carries a minimum of two and up to 30 years in prison, is 1) an unlawful killing (not excused or justified by self-defense or another defense), 2) that was committed in the “sudden heat of passion,” 3) upon sufficient legal provocation.
Involuntary manslaughter in SC, which carries up to five years in prison, requires proof of:
How is this different from Michigan’s law?
In South Carolina, it is not likely that a defendant would be convicted of manslaughter based on a killing committed by someone else.
Why?
I would have a hard time reconciling the language “unintentional killing” with the idea that the “killing” was committed by someone else and not the defendant.
Assuming that the defendant’s negligence could be said to have caused the deaths because the defendant provided a firearm to an individual who the defendant knew was mentally ill, it’s still not “a killing” committed by the defendant.
Even if we are talking about civil liability, are the parents the proximate cause of the injury (the shooting)? If the parents provision of the firearm to the teen or their failure to provide mental health treatment is a cause of the injury, was the teenager’s decision to shoot and kill his classmates an intervening cause?
The killing was committed by someone else. Unless there is another theory that would make the parent criminally liable – accomplice liability or conspiracy if the parent knowingly participated in the crime, for example – South Carolina’s version of manslaughter just doesn’t apply.
Ethan’s mother Jennifer Crumbley was convicted of involuntary manslaughter last week. How?
The prosecutors spent much of their time at trial proving that Jennifer Crumbley was a bad person and a bad parent – she ignored her child’s pleas for help, she was having an extramarital affair, she wasn’t supportive to school personnel.
The prosecutors in her trial also showed the jurors excerpts from Ethan’s journal where he talked about how he wasn’t getting help for his mental health problems, that his parents ignored him, and that it was going to cause him to shoot up the school.
Although the parents’ defense is that they restricted their son’s access to the firearm, the prosecutor successfully excluded from the trial excerpts from the same journal where Ethan said, “I will have to find where my dad hid my gun before I can shoot (up) the school.”
This kind of selective presentation of only the most damning evidence, while hiding from jurors any evidence that contradicts the prosecutor’s theory, sanctioned by the court’s evidentiary rulings, may have a lot to do with how a parent was convicted for their child’s criminal acts.
Next week, James Crumbley’s trial begins, and the prosecutors will most likely argue that James Crumbley did not restrict access to the firearm, as they simultaneously refuse to allow jurors to hear that Ethan wrote in his journal “I will have to find where my dad hid my gun before I can shoot (up) the school.”
The prosecutor argues, and the judge agreed in the mother’s trial, that there are hearsay exceptions for Ethan’s complaints about his parents written in his journal (state of mind), but there are no hearsay exceptions for the part where Ethan says his dad hid the gun.
How about the Rule of Completeness?
Rule 106, Michigan Rules of Evidence says, “If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part—or any other writing or recorded statement—that in fairness ought to be considered at the same time.
If you have been charged with a crime in SC, if you have been convicted of a crime and need help filing your appeal, or if you won an appeal and need help retrying your case, call now at 843-353-3449 or email us online to speak with a criminal defense lawyer on the Axelrod team today.
]]>This is often a surprise as many individuals assume this city is quite safe due to the tourism and city development. While there are many nuanced pieces that impact crime statistics, it is helpful to be aware of them. Local law enforcement agencies employ projects and strategies for positively impacting overall safety and security by community policing, patrolling high-crime areas, implementing crime prevention programs, and more.
Along the picturesque coast of South Carolina lies the city of Myrtle Beach. The city of Myrtle Beach navigates a unique and dynamic crime landscape reflective of its vibrant tourism industry and diverse population. Known for its sandy shores and vibrant entertainment scene, the city is filled with various criminal activities ranging from property crimes such as burglary and theft to occasional instances of violent offenses.
As we are early into the year, specific crime rate metrics are not available, but it is predicted through crime trends that overall crime rates are on a decline in Myrtle Beach. Myrtle Beach holds approximately 36,500 residents, with nearly 2,000 reported crime accidents occurring on average, which positions this city as the sixth most perilous locale in South Carolina.
With a violent crime rate of around 49.31 per 1,000 inhabitants, the city surpasses both state and national averages, with an overall crime rate of 226.80, having concerning impacts on safety. In contrast with North Myrtle Beach’s comparative rate of 27.7, Myrtle Beach’s violent crime index stands higher at 76.3, highlighting the challenges faced in maintaining public security within the city’s confines.
There are several groups of crimes that are more frequently committed in Myrtle Beach, South Carolina, including the following:
Though Myrtle Beach is fairly safe, crime rates and patterns can vary over time and can be influenced by factors such as seasonal fluctuations, economic conditions, and law enforcement strategies. Crime prevention efforts, community engagement, and collaboration between law enforcement agencies and local stakeholders play vital and essential roles in addressing and reducing crime in Myrtle Beach.
A: In general, whether Myrtle Beach is considered a safe place to live can vary depending on individual preferences, lifestyle factors, and personal experience. Crime rates are higher compared to both state and national averages, with burglary, theft, and vehicle theft as notable offenses. As Myrtle Beach is situated along the coast of South Carolina, it is susceptible to hurricanes and tropical storms. Prospective residents should take time to thoroughly research this area before making a decision to move.
A: In Myrtle Beach, with a population of around 36,500 individuals, there are, on average, close to 2,000 crime cases, making it the sixth most dangerous city in South Carolina. The violent crime rate is about 49.31 per 1,000 residents, which makes it a higher crime rate compared to both state and national averages. Compared to North Myrtle Beach’s crime rate of 27.7, Myrtle Beach has a crime rate for violent crimes of 76.3.
A: While crime rates can be hard to determine accuracy due to the changing metrics used to gather information, Mount Pleasant is known to have one of the lowest crime rates in South Carolina, with a population of around 95,657 and a crime rate of 4.41 for every 1000 people. Violent crime is most likely to happen in urban settings, and given that Mount Pleasant is more suburban, it follows this logic.
A: Property crimes are generally considered the most common type of crime in South Carolina, as well as many other states throughout the United States. Property crime includes offenses like burglary, theft, motor vehicle theft, and vandalism. These crimes involve the unlawful taking or damaging of someone else’s property without the use of force or threat of force against the victim.
If you have questions or concerns regarding crime in Myrtle Beach, South Carolina, reach out to the attorneys at Axelrod & Associates P.A. today. We invite you to set up a consultation and learn how our criminal defense attorneys can step into your legal matter and offer detailed and personalized support.
]]>There are several considerations to review when choosing the best and right for your DUI lawyer in Myrtle Beach. The below explores this process:
A DUI lawyer is a legal advocate and professional who represents clients facing DUI charges. Here is an overview of the services they offer:
In total, a DUI attorney plays a crucial role in protecting clients’ rights, advocating for their interests, and navigating the complex legal terrain often associated with DUI charges. Their experience can make a significant positive difference to the outcome of your case.
A: The cost of a DUI attorney in South Carolina can vary greatly depending on the complexity of the case, the skills and reputation of the lawyer, the payment structure, and more. DUI attorneys can charge their fees in different payment structures, such as a flat rate, hourly rate, or retainer fee. While there is a monetary cost to legal representation, the investment in experienced DUI attorneys should not be overlooked as they can often produce better outcomes.
A: There are several avenues to pursue for defending against a DUI charge in South Carolina. This can include questioning field sobriety tests and disputing breathalyzer results, challenging blood test results, and the grounds for the police stop in the first place. In some cases, it may be in an individual’s interest to negotiate a plea bargain with the prosecution, which can lead to reduced penalties.
A: Individuals are not required to hire a DUI attorney in South Carolina, although it is highly advisable to seek legal representation in these case types. DUI charges can have serious consequences that can include fines, license suspensions, and even jail time, so having an experienced DUI attorney can prove essential in lessening these charges and penalties.
An attorney will provide a personalized legal plan based on the unique circumstances of your case and work efficiently to protect your rights.
A: In the state of South Carolina, there is no statute of limitations for prosecuting a DUI (Driving Under the Influence) offense. This indicates that there is no legal time limit within which charges must be filed after the DUI incident occurred. Given that there is no statute of limitations for DUI offenses, individuals facing these charges should seek legal advice as soon as possible to prepare for their case proactively.
If you have been charged with DUI in Myrtle Beach, South Carolina, you can contact a local and experienced DUI lawyer at Axelrod & Associates, P.A., today. Our DUI defense attorneys offer years of experience handling DUI cases for our clients. With DUI laws being among the most complex and frequently changing laws in the state, the support of a detailed DUI attorney is essential. Set up a consultation today and learn how we can help you.
]]>Whether you’ve been involved in a minor fender bender or a more serious collision, it is essential to know how to act immediately following an accident. The steps individuals take directly after an accident can make a significant difference in ensuring safety, protecting rights, and navigating an insurance claims process smoothly.
Just as understanding the right steps to take following a car accident can prove helpful in the future, so can understanding the common car accident situations in your area. In Myrtle Beach, car accidents occur due to various factors, including poor weather conditions, traffic congestion, and driver behavior. Some of the typical car accident types in Myrtle Beach Include:
A: The immediate actions individuals should take after an accident are dependent on the severity of the crash. In general, individuals should assess injuries and seek medical attention right away if this is necessary. After moving to a safe location, individuals need to report the accident to local law authorities and create a police report. It is important to exchange contact information with the other parties involved and notify your insurance of the incident.
A: Yes, in the state of South Carolina, individuals are required to report accidents that have caused at least $1,000 in property damage or injury results to local authorities. Failure to report an incident can result in negative legal ramifications.
A: Claims seeking a settlement for car accident damages and injuries can take a varied amount of time due to the specific circumstances of the case, including the severity of injuries and damages, the efficiency of all affected parties, and the availability of the court. Car accident settlements have the ability to be resolved in a matter of months but have taken as long as years in the past.
A: No, South Carolina follows an at-fault model with comparative negligence. This means that if an individual is under 50% responsible for an accident, they can file a claim against the at-fault party. Fault is crucial in personal injury claims in South Carolina as this proves that you are not liable for the injuries and damages you endured in an accident and can claim a settlement from the at-fault party to cover all incurred costs.
In the aftermath of a car accident, it’s natural to feel shaken and uncertain about what to do next. However, there are clear steps to take that can quickly start the post-accident process with greater ease and effectiveness. By taking proactive steps and staying informed, individuals can protect their well-being, rights, and interests in the event of a car accident. Reach out today to the car accident attorneys at Axelrod & Associates, P.A., to set up a consultation.
]]>Whether you are weighing your options or seeking clarity on the financial aspects of pursuing a personal injury claim, the attorneys at Axelrod & Associates, P.A., hope to offer valuable insight into helping you make an informed decision on pursuing legal representation during this time.
While the legal investment of a personal injury attorney may prove helpful and significant, many individuals get hung up surrounding the uncertainty of attorneys’ fee structures and overall cost. It is a myth that it is often believed that the financial cost of an attorney will outweigh the compensation amount they can receive in a claim, which unfortunately leads individuals to handle the legal claims process on their own.
Below are several considerations that impact the cost of hiring a personal injury attorney in Myrtle Beach:
While there are many factors that contribute to a personal injury attorney’s fees, their support should not be undermined. The detailed care and experience that a lawyer can offer in personal injury cases can be the difference between a successful or failed claim process. Individuals who are concerned about attorney fees can discuss these questions in an initial consultation to get clarity over financial expectations.
A: The cost of a lawyer in South Carolina can vary greatly due to their experience level, legal fee structure, standing with the court, type of case filed, and more. Due to the factors that go into legal costs, attorney rates are highly variable and hard to generalize. Some lawyers charge a $300 hourly fee, while other lawyers operate under a contingency fee agreement where the attorney earns an overall percentage of the trial settlement amount, only receiving compensation if you win damages.
A: The amount a lawyer can earn from a settlement in South Carolina is directly associated with the agreed-upon terms determined in an initial consultation. Some lawyers work on a flat fee or hourly fee basis, and they don’t receive a percentage of the final settlement amount, whereas other attorneys work based on a contingency system where they earn a percentage of a settlement only if their clients are awarded compensation for their claim.
A: Personal injury claims seek to obtain compensation to cover the cost of all injuries, damages, and related costs. The amount that an individual can pursue in damages in a personal injury claim is in association with the extent of the injury and related costs that an individual suffered. In general, the more severe an injury and damage, the larger the compensation amount an individual can receive.
A: To simply file a lawsuit in South Carolina, the filing fee is $150.00, but there are generally more costs associated with a lawsuit. Individuals often must cover the necessary legal fees that include hiring a lawyer, but also out-of-pocket expenses such as government charges in the court, costs of preparing documents, and, in some cases, the payment of expert witnesses. Due to these layered factors, the total cost of filing a lawsuit is varied.
The personal injury attorneys at Axelrod & Associates, P.A., are eager and ready to step into your personal injury matter to offer excellent legal support. If you are concerned about our payment structure or expectations, we invite you to set up an initial consultation today and share the details of your case so that we can provide an estimate of costs for you. We don’t want the fear of legal costs to keep you from receiving a fair and just claim process.
]]>They don’t teach us what our most basic rights are in grade school – why is that? Could it be that our children are getting an education provided by our government, and our government doesn’t want us to know our constitutional rights?
Human history is an unending series of governments taking everything from the people as the people fight for a constitution, representative government, and freedom from oppression.
It’s no surprise that, today in America, 1) schools do not teach children what their rights are, 2) police routinely violate citizens’ rights, and 3) prosecutors and judges routinely attempt to get citizens and their attorneys to waive their rights.
Your federal constitutional rights are contained in 1) the federal constitution and 2) federal appellate opinions interpreting constitutional provisions.
The constitutional rights that most often apply in criminal defense cases are found in the Bill of Rights – specifically, the First, Second, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the US Constitution.
What are your constitutional rights that are contained in the First Amendment?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
This includes:
The Second Amendment guarantees the right of the people to form a well-regulated militia and possibly the right of the people to keep and bear arms outside of a militia:
A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Yes, yes, the Second Amendment guarantees your right to own a firearm, to carry a concealed firearm without a permit, to openly carry a firearm without a permit, or to openly carry an assault rifle with a 30-round magazine outside of a polling station, depending on your political views.
This is a perfect example of how your Constitutional rights are not only determined by the words written in the Bill of Rights but also by appellate opinions interpreting the constitutional provisions.
The state of Second Amendment rights is currently in flux as the US Supreme Court redefines the limits of the Second Amendment, and many gun cases in South Carolina should be challenged on Second Amendment grounds until the law is settled.
The Fourth Amendment is probably used the most often by criminal defense lawyers:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
You have the right to:
This includes the right not to have your vehicle stopped or searched unreasonably, although the courts have found there is an “automobile exception” to the search warrant requirement. Police are not required to get a warrant before searching your vehicle, although there must be probable cause to search, and the courts may review the decision to search later.
What are your Fifth Amendment rights?
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
This includes the right to:
“Due process” basically means “fairness.” There is “substantive due process” and “procedural due process,” which essentially means that you should be treated the same as others who are similarly situated and you should have access to the same laws and remedies as everyone else.
The Sixth Amendment contains several constitutional rights:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
This includes the right to:
The Eighth Amendment, in part, deals with punishment:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
It is supposed to prevent the government from:
The first ten amendments to the federal Constitution are the Bill of Rights. There are more, though, and they are also important.
For example, the Fourteenth Amendment provides a second Due Process Clause, “nor shall any state deprive any person of life, liberty, or property without due process of law,” that makes it clear that the Bill of Rights applies to the individual states as well as the federal government’s actions.
Know your constitutional rights and how the courts will interpret them – before you get pulled over or interrogated by police.
If you have been charged with a crime in SC, if you have been convicted of a crime and need help filing your appeal, or if you won an appeal and need help retrying your case, call now at 843-353-3449 or email us online to speak with a criminal defense lawyer on the Axelrod team today.
]]>There are several indicators to observe and consider that can indicate who the best personal injury attorney might be for you. First, it is helpful to establish what your desired outcome is from a personal injury claim and what type of legal support could help you reach that end. Below are some steps to help identify the right attorney for you:
The role of a personal injury attorney is multifaceted, involving various responsibilities aimed at advocating for the rights and interests of clients who have been injured due to the negligence and wrongdoing of others. Below are key aspects of a personal injury attorney’s role:
Overall, the primary role of a personal injury attorney is to be a legal advocate for their client’s rights by pursuing fair compensation for their injuries and helping to repair and rebuild life after experiencing an accident or injury.
A: In the state of South Carolina, the statute of limitations on personal injury claims is typically three years from the date of the incident that caused an injury. These claims typically seek to hold the liable negligent party responsible for covering the damages that an injured individual sustained due to an accident. There are exceptions to this rule. If you have a personal injury case that has lapsed this timeline, promptly seek the advice of a personal injury attorney.
A: It’s advisable to hire a South Carolina personal injury lawyer as soon as possible after the accident that led to your injury or damages. A personal injury attorney can offer guidance on how to navigate your personal injury incident from the moment it happened. There are many implications along the way that can directly impact the amount of compensation you can receive for your injury and damages that personal injury attorneys can anticipate and guide on how to respond.
A: In South Carolina, you can sue for pain and suffering. Pain and suffering generally fall under non-economic damages that individuals are able to seek compensation for due to a personal injury incident that led to injury and damages. It can be challenging to place an economic value on these types of damages as they are intangible, but a personal injury attorney can ensure that you seek fair and accurate compensation for these impacts.
A: Due to the unique and individualized nature of each personal injury case, there isn’t a specific amount of time that these types of cases can take in general. The length that a case can take is dependent on the complexity of the case, the severity of injuries, the details of the claims process, the efficiency of all parties involved, and more. A personal injury attorney can offer more estimates based on the specific details of your case.
If you have been impacted by an incident caused by another party’s negligence that led to an injury or damages, you may be entitled to pursue compensation through a personal injury claim. The personal injury attorneys at Axelrod & Associates, P.A., are available to step in and offer legal support through a case evaluation, constructing a thorough legal strategy, and representation through negotiations and litigation. Contact us today to set up a consultation.
]]>As with other types of marital agreements, SC courts will recognize that people are free to negotiate and enter contracts without government interference – unless an agreement is unconscionable or fraudulent, the courts will most likely enforce it.
In this article, we will discuss the basics of postnuptial agreements, or “postnups,” including:
When a couple divorces, they must divide all “marital property,” which will be divided either by the parties through negotiations and a separation agreement or settlement agreement or by the court at the final divorce hearing.
The court will divide the couple’s assets using the method of “equitable division” based on factors identified in SC law. In most cases, this will include the parties’ business interests as well as their personal property.
Postnuptial agreements allow the couple to exempt certain properties from consideration as marital property – making them off-limits – in the event of a divorce. In many cases, a couple will accomplish this through a prenuptial agreement. A postnuptial agreement allows the couple to enter into the contract after they are married.
Like prenups, postnuptial agreements allow the couple to negotiate what will be considered “marital property,” and may include:
A postnup can also include non-financial terms like a “choice of law” provision specifying that South Carolina law (or another jurisdiction’s law) will govern any divorce proceedings regardless of where the divorce action is filed.
Any agreement that is illegal or against public policy will not be enforceable.
One example is child support. Although the parties can agree to pay or not pay child support or agree as to the amount paid, the family court will always review the terms of the agreement and order child support based on what is in the child’s best interest based on the statutory factors.
What’s the purpose of a postnuptial agreement? If a couple loves each other and they know they will be together forever, why would they even consider an agreement that divides their property in the event of divorce?
Approximately one-half of first marriages end in divorce, and the statistic for divorce in subsequent marriages is even higher than one-half. Prenups and postnups are simply a recognition of the fact that more than one-half of all couples, most of whom believed they would be together until death do us part, end up divorcing.
There are many reasons why a couple may decide to enter into a postnuptial agreement. Some examples include:
Both agreements can contain the same terms, and both are usually enforceable. The only difference between a prenup and a postnup is that the prenup is executed before marriage and the postnup is executed after marriage.
Postnups are enforceable unless:
If you and your spouse want to renegotiate your prenuptial agreement, if you believe a postnuptial agreement is right for you and your spouse, or if you have been presented with a postnuptial agreement by your future spouse, talk to your Myrtle Beach postnuptial attorney on the Axelrod team as soon as possible.
Call now at 843-353-3449 or fill out our contact form to speak with a SC postnuptial agreement attorney in Myrtle Beach today.
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