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Greenville South Carolina Criminal Defense Blog

Are you facing health care fraud charges?

Health care providers are in a position of trust. Their patients trust that they will do what is best for them. There are a select few medical professionals in South Carolina who take advantage of various opportunities to make more money -- opportunities that are questionable in nature or even illegal. Health care fraud is damaging to the medical profession, insurance providers and, most importantly, patients. The federal government does not treat this issue lightly, and neither should you if you find yourself charged with committing this type of fraud.

Those accused of health care fraud are often thought to be members of organized crime groups or are just health care providers who stand accused of being dishonest. There are also those facing charges for crimes they did not commit. It does not matter which of these situations applies to your case; the consequences if prosecuting attorneys achieve a conviction can be severe, so how you approach the situation matters.

Subconscious bias may play a role in courtroom

In South Carolina courtrooms, judges are expected to be as unbiased as possible when making rulings and imposing sentences on those accused of crimes. Recent studies have shown that remaining unbiased in the courtroom may be more difficult than once believed.

Neuroscientists have been studying the power of subconscious behavior for years. The human brain often acts in a contrary manner to conscious beliefs, influencing outward behavior. In settings such as a courtroom where actions have far-reaching effects that may last for years, subconscious behavior plays a significant role.

Presenting a self-defense claim successfully

When people are in a situation in which they must protect themselves, it may result in injury to the party that they are protecting themselves against. If the injured party seeks legal restitution, it may be necessary for the accused to protect themselves again by means of the court.

In such instances, it is important to develop a strong self-defense claim to hopefully avoid possible criminal charges. There are a few things to know in order to build a successful case.

U.S. House passes bill making animal torture a federal crime

On Oct. 22, the U.S. House of Representatives passed a bill that would make it a federal crime for people in South Carolina and around the country to commit acts of animal cruelty. However, the measure wouldn't interfere with local and state laws on animal abuse.

Back in 2010, Congress passed a law that made it illegal to create and distribute videos that depicted animal torture. However, that bill did not criminalize actual acts of animal cruelty. To help remedy the situation, Rep. Ted Deutch, D-Fla., and Rep. Vern Buchanan, R-Fla., introduced the Preventing Animal Cruelty and Torture Act, or PACT, which makes it a federal crime to purposely burn, suffocate, impale, drown or otherwise injure any mammal, bird, reptile or amphibian. The bill, which was unanimously passed, would apply to interstate and international cases.

Teenager sentenced for stabbing mother to death

A South Carolina teenager was recently sentenced to over 20 years in prison for stabbing his mother to death in 2015. He pleaded guilty to voluntary manslaughter in early October.

Media reports say the defendant, who is autistic, was just 13 years old when he was arrested for stabbing his 44-year-old mother 28 times at their home in Simpsonville in September 2015. Prosecutors said he admitted his mother's death was premeditated and he also planned to kill others. The judge presiding over the case said it was one of the most brutal and "perplexing" cases she'd ever encountered. During his sentencing hearing, the defendant read a statement saying that killing his mother was "evil" and he was going to try to become "a better person".

Man arrested in connection with postal worker's murder

On Sept. 28, South Carolina investigators arrested a 22-year-old man for allegedly shooting a mail carrier to death on Sept. 23. The death occurred in Andrews in Williamsburg County.

The Williamsburg County Sheriff's Office reports that the defendant is suspected of killing a 64-year-old female U.S. Postal Service worker as she sat in her vehicle on Morrisville Road, which was part of her mail route. The woman was reportedly shot multiple times with a semi-automatic AR-15-type rifle, and .223-caliber bullet casings were found at the scene. The defendant's fingerprint was also allegedly discovered on a mail package at the scene. He was also allegedly spotted with an AR-15-type firearm shortly before the shooting took place.

What must the prosecution prove in an embezzlement case?

Facing accusations of theft on the job is not something to take lightly. When these charges fall under the white-collar category of embezzlement, they may become even more serious.

Embezzlement is a form of fraud whereby a person steals money entrusted to him or her at work or by a loved one. It usually happens in businesses where money changes hands directly or virtually. If you face a charge of embezzlement, you may wonder what type of battle you face. It helps to understand what the prosecution must prove to convict you of this crime.

Top crimes during the holiday season

The end of the year is fast approaching, meaning that the most popular season is around the corner. Usually, this means there is more charity and kindness going around.

On the other hand, it is also when the rates of certain crimes go up. These are just a few of the illegal activities that happen during fall and winter holidays.

Challenging your conviction with post-conviction relief

If you want to challenge the results of your conviction, your attorney could explore post-conviction relief for you in the trial court where your case was originally heard.

When you file as the “applicant,” the court will approve a new attorney to assist in showing that you had an unfair trial.

Rape and sexual assault rising, says DOJ report

Some types of violent crime are rising in South Carolina and across the country, according to the 2019 National Crime Victimization Survey. The report was issued by the Department of Justice's Bureau of Justice Statistics. Researchers asked people if they were victims of crimes, regardless of whether the incidents were reported to police or other officials. Around 150,000 households and 240,000 individuals are surveyed each year, and the reports consistently show that less than half of all crimes are reported to police. Many crimes involve people who know each other, and victims may be hesitant to turn to authorities.

The FBI also releases a crime report each year that shows lower numbers than the DOJ study. However, the FBI report relies primarily on police department statistics and thus measures reported and prosecuted crimes rather than criminal activity overall. In particular, reports of rape and sexual assault rose in the 2018 survey. In 2017, 1.4 people of every 1,000 told DOJ researchers they had been victims in the past year. That number rose to 2.7 out of 1,000 in the 2018 report, a statistically significant jump.

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William G. Yarborough Attorney at Law
308 W. Stone Avenue
Greenville, SC 29609

Toll Free: 800-469-3658
Phone: 864-326-3026
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William G. Yarborough Attorney at Law