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criminal defense Archives

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.

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.

Unauthorized drivers of rental cars have privacy rights

Some people in South Carolina allow their friends or family members to drive rental cars for which they are not the authorized drivers. When unauthorized drivers are stopped by the police, the police might search the cars. The Supreme Court issued a ruling on May 14 that law enforcement officers cannot search rental vehicles that are being driven by unauthorized drivers without having a warrant or probable cause to believe that the cars contain evidence of crimes.

What is civil forfeiture?

People who face conviction for a crime in South Carolina know they can expect criminal penalties that may include imprisonment, fines and more. What many do not realize is that getting arrested can also result in losing some types of property through a process called civil forfeiture.

Doctors: 3 ways medical billing fraud charges can come about

Medical identity theft can take a long time to come to light, and physicians are as much at risk as patients. Once someone discovers a fraudulent scheme, an investigation may ensue, and a doctor's career and reputation could be in jeopardy.

Why drug dogs need a warrant to sniff out your home

Besides supplying you with shelter and storage, your home provides privacy, and you want to be sure that what you do inside your home remains private unless you choose to do otherwise. Even if you are engaging in illegal activity, you have the right for law enforcement to follow legal procedures on discovering and confirming the criminal behavior. Police officers have to follow specific laws on what they can do on or in your property and when, and those restrictions extend to the actions of police dogs. Learn what the law says about drug dogs sniffing out your home without a warrant.

Drug offenders need treatment, not incarceration

If you have ever been convicted of a drug-related crime in South Carolina, you may have been offered participation in drug court as an alternative to serving time behind bars. Drug courts are highly regulated programs that aim to help keep you out of jail and off drugs through a variety of methods, which may include regular court appearances, drug tests and therapy sessions, among other components.

3 things to know about women and DUIs

Quick, imagine someone driving drunk. Okay, who did you picture? If you are like many people, you imagined a man, maybe in his 30s, or perhaps you conjured a college student-still male. There is probably a reason you envisioned a man; after all, the fact is that men drive more under the influence than women do. The Insurance Institute for Highway Safety points out that 1.5 percent of the female drivers in a 2007 survey had a BAC in excess of 0.08 percent, while the figure was 2.6 percent for men. That said, there are many considerations for women who drive after drinking.

Why criminal charges do not lead to an automatic conviction

When you have been caught and charged with committing an illegal activity, you may believe your future has been ruined. Although any negative interaction with law enforcement or the judicial system may present difficulties for you later in life, it is not the same as having to face the consequences of an actual criminal conviction. You still have the right to a trial and for a judge or jury (depending on the crime) to find you guilty before receiving any punishment. The right to this process and the possibility of not being convicted is due to the principle of presumption of innocence.

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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
Fax: 864-370-0022
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William G. Yarborough Attorney at Law