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Greenville South Carolina Criminal Defense Blog

What you should know about ankle bracelet monitoring

When you think of ankle monitoring, you may think it is a creative way to allow people to still live in their homes who may otherwise be in jail. Because of technological advances, the use of ankle monitoring has become very popular over the last few years. People wearing an ankle monitor has more than doubled from 2005 to 2015.

Every state in the U.S along with the federal government use ankle bracelet monitoring to track the movements and activities of defendants awaiting trial and convicted offenders currently on parole or probation.

Drugs allegedly motivated South Carolina double killing

Police have yet to release the names of the victims in a double homicide that allegedly involved stolen heroin and fentanyl. Investigators reported that one of the four suspects arrested in the case had been trying to recover his stolen drugs.

According to court records, the 37-year-old man hired two people to locate the narcotics. After learning the location of the thieves, he and others confronted the drug thieves on a rural road near Soccastee southwest of Myrtle Beach. Police said that they shot and stabbed two people and set their vehicle on fire. Prosecutors filed two charges of murder against the man and his apparent accomplices.

How police are guarding against inaccurate identifications

Scholarly work has suggested that people in South Carolina and elsewhere can make errors when picking a person out of a lineup. In some cases, an individual will pick up on a cue given by a police officer. Research also suggests that a person has a hard time recognizing someone of a different race. Over time, an individual may be manipulated into feeling more confident in his or her choice, and he or she may actually offer testimony at trial.

The way that a police lineup is put together can also have an effect on who a person identifies as the individual who committed a crime. While researchers were initially rebuffed or ignored by police departments, some cities and states have made changes to how witnesses identify individuals in a lineup. For example, they may be told that the person who committed the crime isn't necessarily among the choices.

Believe the outcome of your trial was unfair? Apply for a PCR

Experienced attorneys understand that you deserve a second chance in a trial that ended unfairly. The justice system works to amend these criminal defense cases and lead you on the path to a clean record.

After a court charges you with a criminal offense, a court may have appointed an attorney for you, or you hired an inexperienced lawyer. Unfortunately, you believe your defense did not accurately represent you, and mistakes made during your trial cost you your freedom. South Carolina provides a re-trial opportunity for those convicted of a crime to retry the case in court under a new, capable attorney.

Investors in North Carolina Ponzi scheme get payment

Two years ago, in neighboring North Carolina, Rick Siskey took his life upon learning he was under investigation for fraud. Now, $10 million from the insurance payout Siskey’s wife received after his death is being distributed to investors.

Siskey had been running a Ponzi scheme through one of his several companies, owing 100 investors, $19 million at the time of his death.

Laws for South Carolina marijuana possession

As South Carolina moves closer to the potential legalization of medical marijuana, residents may question if penalties for possessing recreational marijuana may be more lenient. Recreational marijuana has been legalized in nine states and medical marijuana has been legalized in 30 states. Laws surrounding marijuana use are changing faster in some parts of the country and slower in others.

Here are the current penalties for possessing the corresponding amounts of marijuana in South Carolina:

Supreme Court rules police need warrant to access CSLI

On June 22, the U.S. Supreme Court ruled that law enforcement agencies must generally obtain a warrant before accessing someone's cell site location information, or CSLI. Legal experts say the 5-4 decision modernizes the Fourth Amendment and provides important new privacy protections for all U.S. citizens, including the residents of South Carolina.

CSLI uses cellphone towers to precisely identify a cell phone user's location at any given time. Wireless providers collect this data for business purposes, but law enforcement officers have found it useful to track criminal suspects. The case before the court, Carpenter v. United States, involved a defendant who was convicted of robbery partly because law enforcement officers tracked his location via CSLI for 127 days. They were able to do this because the Federal Communications Act allowed authorities to access a suspect's CSLI if they could provide "reasonable grounds" that the information would aid an ongoing investigation.

Suspect arrested in fatal South Carolina highway shooting

Authorities arrested a 43-year-old female suspect on June 21 for allegedly being involved in a shooting on US-521 in Westville that left another woman dead. The Kershaw County Sheriff's Office confirmed that deputies took the suspect into custody. In the company of her attorneys, she arrived at the Kershaw County Detention Center. She was subsequently charged with the murder of a 54-year-old woman.

The investigation began when someone reported a shooting on June 17 at the highway's intersection with Catoe Road. When deputies arrived at the scene, they found a dead woman in a vehicle. She had suffered a gunshot wound to the neck. A witness informed deputies about a vehicle leaving the scene. Investigators tracked down the vehicle and stopped the woman driving it. They searched the vehicle and reported finding a .380 caliber pistol and a single spent shell casing. The female driver declined to answer questions until she could consult her attorney.

Employees of Greenville electronics store charged with fraud

Reboot, a Greenville retail location where individuals can buy, sell and trade consumer electronics has been accused of conducting a variety of fraudulent activities. More than a dozen Reboot employees were indicted earlier this month in federal court on the charge of conspiracy to commit wire and mail fraud.

The business was raided in January by Secret Service agents as well as Greensville County deputies. Law enforcement officers discovered a number of stolen goods, and the Greensville County Sheriff’s Office referred to Reboot as a “fencing operation.”

Subset of drivers most likely to drive dangerously

According to an estimate from the National Safety Council, there were more than 40,000 traffic deaths in 2017. Furthermore, 36 percent of all trips resulted in distracted driving on South Carolina roads and others throughout the country according to Cambridge Mobile Telematics. As a general rule, research shows that older drivers tend to focus on the road better than younger drivers. Those who drive for a living also tend to be safer than those who don't.

From 1985 to 2015, the large truck fatal crash rate fell by 32 percent according to the Federal Motor Carrier Safety Administration (FMCSA). In 75 percent of fatal crashes involving trucks and passenger vehicles, the passenger vehicle was faulted for causing them to occur. Data from SmartDrive Systems found that not all large truck drivers are safe drivers, however. The top 25 percent of offenders are 87 percent more likely to drive more than 10 miles per hour over the speed limit.

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William G. Yarborough Attorney at Law
522 N. Church St.
Greenville, SC 29601

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