In the eyes of South Carolina law, an overt act is an action or behavior linked to a crime. The act can be seemingly innocent but part of the preparation or active furtherance of criminality. Prosecutors can present the act in court as evidence of a defendant's...
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...
Ineffective assistance of counsel overview
Ineffective assistance of counsel is a term used by a defendant when their attorney fails to perform their duties competently. It's a violation of the Sixth Amendment that calls for a fair trial. In a successful claim, the jury often overturns the conviction. In South...
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...
When is an act considered a criminal conspiracy?
People in South Carolina who are facing conspiracy charges in state or federal court might face prison sentences and stiff fines if they are convicted. People might still be charged with this offense even if the act was not completed as long as one or more of the...
What to know about appealing a criminal conviction
If you're convicted of a crime in a South Carolina court, you are generally allowed to appeal the decision. In the event that a serious error is made during trial, it may be the basis for your appeal. This may be true even if the error was not brought to a judge's...
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...
The various types of Medicare fraud
Citizens over 65 years old, people with disabilities and those earning a low income can use Medicare in South Carolina to pay for their health care needs. This national health insurance program is administered by the Centers for Medicare and Medicaid Services. While...
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...
Reminder: You don’t need to consent to a police search
Under the Fourth Amendment to the U.S. Constitution, each of us is protected against “unreasonable search and seizure” by law enforcement. Most of the time, this means that an officer must obtain a search warrant before conducting a search of you or your property....
