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Lifetime Sex Offender Registry Without Judicial Review is Unconstitutional in SC
In Powell v. Keel, decided on June 9, 2021, the SC Supreme Court held that SC’s lifetime sex offender registry requirement is unconstitutional unless it contains an opportunity for judicial review to...
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Why was Bill Cosby’s Conviction Reversed?
Why was Bill Cosby’s conviction reversed? Much of the debate and commentary since the Pennsylvania Supreme Court’s decision to overturn Cosby’s verdict has centered on whether he was innocent or...
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The Drowning Man –Confidential Informants, Jailhouse Snitches, and Wrongful...
The Drowning Man –Confidential Informants, Jailhouse Snitches, and Wrongful Convictions When a murder happens, what do the police do? They get the bad guy, right? Then the prosecutors convict the bad...
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Trial Chicken
Every time one of our clients gets a plea offer from their prosecutor, a new game of “trial chicken” begins… What do I mean by “trial chicken?” Will the prosecutor dismiss the case? Will they make an...
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How do You Explain Reasonable Doubt to a Jury?
One of the pillars of our justice system in America is that no person can be convicted of a crime unless the government proves beyond any reasonable doubt that they are guilty of the crime. But what...
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What Does Statutory Rape Mean?
What is statutory rape in SC? Juliet: O Romeo, Romeo, wherefore art thou Romeo? Romeo: In jail, because thine mother hath called for the constabulary, and I now await trial for statutory rape… Wait,...
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Win Without Fighting: Applying the Art of War to Criminal Defense
How can we apply Sun Tzu’s Art of War, and the many volumes of commentary on the work, to criminal defense and trial practice? One of the most important lessons that is woven throughout the Art of War...
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How Do I Get a Bench Warrant Lifted in SC?
Bench warrant in Richland County? What should you do now? The Fifth Circuit Solicitor’s Office (Richland County Solicitor) is holding a “Fifth Circuit Bench Warrant Resolution Court” event on August...
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Know Your Enemy and Know Yourself: Applying the Art of War to Criminal Defense
“Know your enemy…” Most of us have heard the phrase, but it’s only one-half of the equation: “Know the enemy and know yourself.” How can we apply this lesson from Sun Tzu’s Art of War to the practice...
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Involuntary Statement Suppressed by the SC Court of Appeals
In State v. Collins, the SC Court of Appeals suppressed an involuntary statement by the defendant and reversed his convictions for 1st degree arson and conspiracy. Ordinarily, we think of an...
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SC Driving Points System: How Does it Work?
How does SC’s driving points system work? When does the SCDMV suspend your license for accumulation of driving points? Below, we will discuss the basics of the driving points system in SC, including:...
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When a Defense Lawyer Says, “Don’t Rock the Boat…”
What would you think if you meet with a defense lawyer who tells you, “Don’t rock the boat” in your first meeting? What do they mean? You aren’t going to get a “good deal” if you “rock the boat?” Are...
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What are the Stages of a Criminal Trial?
What are the stages of a criminal trial? Although most criminal cases do not get to a trial, everything that happens in a case is informed by what a possible trial would look like. If we are likely to...
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How Do You Get a Restraining Order in SC?
We get calls from time to time from people who want to know how to get a restraining order. Sometimes we can help and sometimes we can’t, but it is important to know when you can get a restraining...
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Refusal to Stop on Command of Officer: Systemic Racism in Columbia, SC
“Systemic Racism in Columbia, SC – Refusal to Stop on Command of Officer” was originally published in February 2019 – the data is accurate for the period of July 2017 – July 2018. Has the City of...
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What is the Grand Jury Process in SC? (Ask the Ham Sandwich)
The grand jury process in SC is a meaningless waste of time. I’ve often heard attorneys and judges in SC say, “The grand jury would indict a ham sandwich,” and it might be true. Why? Why do we have a...
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What Jurors Need to Know (You’re Not Just a Cog in the Machine)
What does every juror need to know when they are chosen to sit for a criminal trial? In an article for Slate, Seth Stevenson writes about how he served as a juror in 1998, helped convict two men of...
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SC Law on Citizen’s Arrest
Can you make a citizen’s arrest in SC? People across the country are complaining about Stand Your Ground laws and how they encourage the murder of people of color by white vigilantes… these people...
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CDL Disqualification – How Does a Traffic Conviction Affect a Commercial...
Can a traffic offense result in CDL disqualification? How does a DUI, implied consent violation, or other traffic conviction affect your CDL (commercial driver’s license)? In many cases, your CDL may...
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SC Supreme Court Changes Error Preservation Rules in State v. Jones
In State v. Jones, decided yesterday, the SC Supreme Court changed the error preservation rules for pretrial motions. The court’s reasoning makes sense, and it’s great that the court is trying to get...
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