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Greenville South Carolina Criminal Defense Blog

An embezzlement conviction may plague you for years

Embezzlement is a serious offense that could land you in immediate trouble. That is, if you are facing an embezzlement charge, you may have to do some time in prison. A judge may also order you to pay restitution and fines. 

Unfortunately, you may not be able to leave your embezzlement conviction behind. On the contrary, your criminal record may plague you for the rest of your life. Therefore, it is important that you advocate aggressively for your best interests. If a judge or jury convicts you of embezzlement, though, you may have four long-term consequences. 

Criminal offense classifications

Crime is rarely black and white. As such, lawmakers created a tiering system that puts crimes in groupings under three main classifications: misdemeanor, felony and infraction.

Criminal charges can be further whittled down to property crimes and personal crimes. All five of these categories carry distinct punishments and sentences based on varying elements of the charge. Knowing the generalities of each type may help when it comes time to mount a defense.

Black defendants may face additional burdens in court records

Racial discrimination can affect many aspects of the criminal prosecution, trial and sentencing of people in South Carolina. One often-overlooked aspect of racial disparities in the criminal justice system involves the mistaken recording and understanding of Black English in the courtroom. One study examined court stenographers in Philadelphia, finding that they made errors in two-fifths of the sentences spoken in Black English grammar and accurately paraphrased only a third of the content.

This issue is not limited to stenographers. Court records are often of critical importance on appeal and during a review of a defendant's testimony later in a case. Therefore, misunderstandings of a speaker's meaning can have a major impact on fundamental questions of innocence or guilt. In one case, an arrested man who said, "give me a lawyer, dawg" was subjected to continued interrogation and not provided with an attorney. Police claimed that the man had requested a "lawyer dog" and not exercised his right to an attorney. The misunderstanding of black witnesses, defendants and victims can play a significant role in poor outcomes, especially given the multitude of factors that contribute to racial disparity and discrimination in the criminal system.

What can happen if you lie on your taxes?

When it comes to filing your taxes, it is all too easy to make mistakes, but some mistakes or omissions can leave you facing considerable trouble and hardship. Misrepresenting your income or otherwise being less-than-honest when filing your taxes may constitute tax fraud, for example, which is a highly serious crime that brings with it equally serious consequences.

Even if you make errors on your taxes because of a lack of knowledge, rather than intentional malice, you could still wind up facing some serious repercussions for your actions. Just what type of trouble might you find yourself in, should you face accusations of tax fraud?

Constitutional issues raised by the information age

Judges in South Carolina and around the country take the protections guaranteed by the Fourth and Fifth Amendments seriously. That's why evidence gathered during warrantless searches or coercive interrogations is unlikely to withstand scrutiny unless the police officers involved have compelling arguments. However, the law has sometimes been slow to respond to challenges raised by new technology. Most cellphones contain extremely sensitive information about their owners, but the degree to which the U.S. Constitution protects this data remains uncertain.

District court rulings on the issue have been inconsistent. Federal judges have ruled that police officers may not compel suspects to reveal their usernames or passwords, but they have allowed officers to force electronic devices open using facial recognition technology, fingerprint scanners or other biometric systems. Fifth Amendment protections apply to surrendering a password because it is a voluntary act and considered testimony.

The difference between voluntary and involuntary manslaughter

When someone dies violently, the police typically spend a good deal of time investigating. The crime and the circumstances leading up to it become part of the investigation, and these factors all come together to form a complete picture. The type of charge you receive depends on the totality of the situation.

If you caused the death of someone without meaning to, you might receive a charge of manslaughter.

2 charged with killing Greenville County man

On Jan. 4, South Carolina authorities announced that two men have been charged with the murder of a Greenville County man in December. The decedent's body was reportedly found beside railroad tracks in Taylors.

According to the Greenville County Sheriff's Office, the defendants, ages 30 and 32, have been charged with murder, kidnapping, possession of a weapon during a violent crime and criminal conspiracy. Though the investigation is ongoing, authorities believe one of the defendants knew the victim and both defendants were involved in the plot to take his life.

4 potential defenses for embezzlement charges

Embezzlement is a serious federal offense, and individuals convicted will look at years in prison. The former Berkeley County School District Chief Financial Officer recently went to court on embezzlement charges. The charges assert he embezzled more than $1 million in school funds over many years. If convicted, he could face up to 300 years in prison and millions of dollars' worth of fines. 

Anyone facing similar charges needs to start building a defense immediately. The right defense will vary depending on the exact circumstances of the case. However, these tend to be the most popular in embezzlement cases

Possible defenses for a second-degree murder charge

South Carolina residents may be interested in learning the steps that may be taken to defend a second-degree murder charge. Many individuals who are charged with second-degree murder defend themselves by saying that they did not commit the crime that they are accused of. Others actually say they killed the victim but present justification for their actions. The latter is referred to as an affirmative defense.

As with other criminal cases, the defense presented is going to depend on the evidence presented as well as the facts surrounding the case. There are a number of defenses that might be used in a second-degree murder case.

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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