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Greenville County Criminal Defense Law Blog

Can you face DUI arrest if your BAC is lower than legal limit?

The penalties for a DUI can range depending on the specific circumstances. You may only face misdemeanor charges for a first-time offense in South Carolina as long as the behavior did not result in any property or physical damage. However, a first offense can lead to an indefinite suspension of the person's driver's license if he or she had a blood alcohol concentration higher than 0.15, which is well above the legal limit. 

There are various circumstances where the police will still arrest someone for DUI even if the BAC is less than 0.08. For example, there are zero-tolerance policies in place for drivers under the age of 21. Additionally, people operating commercial vehicles have a BAC limit of 0.04. However, there are numerous other pieces of criteria the police may use to justify arresting someone for DUI even if the BAC is less than the limit. 

Embezzlement charges often accompany crimes against IRS

Often, the commission of one crime in South Carolina also implicates other crimes. When a person embezzles money from an employer or organization, the activity tends to require hiding that newfound money from the Internal Revenue Service. Thus, an embezzler may not report this income, however illegally obtained, on his or her income taxes.

Just such an incident is the subject of charges against an accounting manager, according to the Post and Courier. In this case, the manager is the subject of charges of breaking federal law, including defrauding her employer and the IRS.

Accountants who have clients accused of tax fraud

Many accountants fear the day may come when one of their clients calls them and says, "The IRS is investigating me for tax fraud. What do I do?"

First things first: You can explain what the general investigation process would be like and should refer your client to an attorney instead of trying to represent or otherwise help your client like an attorney might. Do this even if you happen to be an attorney. It is simply the safest course.

Fentanyl case involves international and American defendants

Fentanyl is a very potent painkiller legally available only by prescription. It is not only ruining lives through user overdose but is also often the drug of choice leading to the very serious drug charges of engaging in drug trafficking.

When drug dealing, manufacturing or distributing charges combine with the drug-related loss of life, the charges can be far more onerous.

RICO: What is it and why is it important?

The Racketeer Influenced and Corrupt Organizations Act was initially intended to combat the Mafia, but it has extended its reach in recent years to combat a wider range of illegal activities. The RICO Act states that the leaders of an organization can face the same penalties as lower-level members as long as the leaders are the ones who issued the commands for the crime to take place. A number of different crimes can fall under the act's jurisdiction, including drug dealing, counterfeiting, arson, murder, illegal gambling and much more.

Frank Tieri was the first Mafia boss to face charges under the RICO Act, and there have been numerous notable cases in the decades since. A person who invests money in a criminal enterprise, even unknowingly, may face criminal charges.

What you should know about criminal drug charge defense

When facing criminal drug charges in Greenville, try not to get too upset. You cannot afford for your anger and emotions to cloud your judgment about the steps you must take to defend yourself. You need a clear head to understand the grave reality of your situation and how it can affect you for the rest of your days. 

Drug charges can range from misdemeanor to felony. There are many factors law enforcement can use to determine what level of charge to give you, including the amount of controlled substance in your possession at the time of your arrest and if you have a criminal record.

Ponzi schemes can result in jail time

Being involved in a Ponzi scheme in South Carolina can cause more trouble than losing all of one’s gambling money; it can also result in criminal charges. One may start participating as an investor or contributor of funds with the hope of profit. However, that role may broaden to include recruitment of other participants, and often the recruiting efforts include persuasion with false promises and inaccurate information.

Recent South Carolina Ponzi scheme discovered

Concealed carry permits can lead to charges

South Carolina provides the right to carry a concealed weapon upon receiving the appropriate permit. However, mistakes happen, and some people find themselves at the wrong end of a charge of unlawful carrying of a handgun.

A criminal charge is not necessarily a conviction. The more a person knows, the more he may be able to avoid a conviction related to the carrying of a weapon.

Differences between Ponzi schemes and pyramid schemes

Bernie Madoff is arguably the most infamous Ponzi schemer in recent memory. In 2015 alone, 61 more Ponzi schemes became uncovered, and more are discovered each year. 

While many people use the terms "Ponzi scheme" and "pyramid scheme" interchangeably, there are some differences. There are naturally some similarities as well, and when facing charges, it is important to understand the differences.

Differences between assault, battery and aggravated assault

Assault and battery are serious crimes. There are various subdivisions for each type of crime. For instance, assault can constitute either a misdemeanor or felony. According to North Carolina law, even a misdemeanor assault can carry a one-year prison sentence.

Many times, people receive charges for both assault and battery. In other instances, it is one or the other. It is vital to understand the differences between the two, so that based on the actual charges, a criminal defense attorney can start building a case.