If you were falsely convicted of a crime in South Carolina, you probably want to appeal your case. Before you can have your case heard by an appellate court, you will have to prove that there was an error made in your trial. Here are the four basic errors that can be...
The statute of limitations for wire fraud may vary
Wire fraud charges have become increasingly common in South Carolina and across the country, especially as more people rely on the internet or mobile messaging to find investment opportunities or market financial offerings. A wire fraud charge includes allegations of...
Is there a difference among fraud, embezzlement, and theft?
"Taking money without permission" might serve as a general description of various criminal activities. Theft might be the South Carolina crime that comes to people's minds first when discussing "stealing money," but embezzlement involves taking the same illegal...
Understanding inchoate crimes in South Carolina
Inchoate crimes come in three varieties: attempted, solicited and conspired. Inchoate crimes are crimes that were planned but never fully happened for one reason for another. For example, attempted murder is an inchoate crime. Conspiracies by organized groups that are...
A basis for criminal appeals is ineffective assistance of counsel
Your criminal case did not work out in your favor. A South Carolina jury declared you guilty. However, you don’t think you got a fair chance. You might have grounds for criminal appeals if your attorney’s assistance wasn’t up to par. The court decides if you can claim...
Standards of burden of proof
Probably the most significant difference in the outcome of South Carolina legal matters is how civil cases and criminal cases finally arrive at a verdict. That controlling legal principle is the standard for the burden of proof. There are effectively two levels of...
An overview of racketeering
White-collar crimes in South Carolina cover several categories of nonviolent, illegal financial activities committed for the defendant's benefit. These activities have the goal of deception, which often occurs through omission, lying, and misrepresentation....
Basic rights of a criminal defendant
Being charged with a crime in South Carolina is a very serious situation even when it is only at the misdemeanor level. Jail time can still be ordered in many cases, not to mention significant fines, and the conviction creates a criminal history that is often hard to...
What is due process?
In the United States, the government can't deprive you of your rights without going through due process. The court system in South Carolina and the rest of the U.S. is essentially based on due process. Under this system, everyone has the right to a fair trial, even if...
Refusing a chemical test in South Carolina
South Carolina, like most other states, has an implied consent law. This means that motorists in the Palmetto State are expected to consent to requests to take a breath test or provide a blood or urine sample for toxicology testing. Motorists who worry that consenting...
