William G. Yarborough Attorney at LawGreenville Criminal Law Lawyer | South Carolina White Collar Crime Attorney | Drug Crimes2024-03-15T17:32:32Zhttps://www.wgylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503916/2024/01/cropped-William-site-icon-32x32.pngOn Behalf of William G. Yarborough Attorney at Lawhttps://www.wgylaw.com/?p=516702024-03-12T13:26:39Z2024-03-12T13:26:39Zgrand jury investigations are serious legal matters that can significantly impact individuals and organizations. Understanding what a state grand jury investigation entails and how to navigate being subpoenaed is crucial for anyone involved in such proceedings.
What is a grand jury?
A grand jury is a group of citizens impaneled to hear evidence presented by the prosecution in a criminal case. Unlike a trial jury, their role isn’t to determine guilt or innocence. Instead, they decide whether there’s probable cause to believe a crime occurred and indict a suspect.
State grand jury investigations
State grand jury investigations are secretive by design. Prosecutors use them to gather evidence and witness testimony to build their case. They have broad subpoena power, compelling individuals to testify or produce documents relevant to the investigation.
Being subpoenaed: What to do
If you receive a subpoena, it’s important to understand your role. The subpoena will typically specify whether you’re a witness or a target of the investigation. As a witness, you’re expected to truthfully answer questions about what you know regarding the case. Conversely, if you’re named as a target, it suggests the investigation may focus on you.
Tips for responding to a subpoena
When you receive a subpoena, review it carefully to understand what information or testimony is requested and the date and time of your appearance. When you show up for the appointment, try to ensure you are truthful because lying to a grand jury is a serious crime.
Nevertheless, refrain from volunteering information; respond only to the questions asked. A subpoena compels your appearance, but you cannot be forced to answer questions that might incriminate yourself. Lastly, even though the process can be nerve-wracking, remaining calm is essential.
While a state grand jury investigation can be unsettling, understanding the process and your rights empowers you to respond effectively. If subpoenaed, try to involve as legal counsel as soon as possible, and remember that truthfulness is paramount. By staying informed and seeking legal guidance when necessary, you can confidently navigate this legal process.]]>On Behalf of William G. Yarborough Attorney at Lawhttps://www.wgylaw.com/?p=516582024-02-27T06:19:30Z2024-02-27T06:18:02Zcriminal sexual conduct, robbery and murder. The Innocence Project reports that misidentifications by eyewitnesses contributed to more than 70 percent of convictions that were later overturned by DNA testing across the U.S.
What affects the reliability of eyewitness testimony?
Contrary to the commonly held belief, the human mind does not typically work like a video recorder. As such, memories are not recorded and able to be played back exactly as they occurred. Instead, people reconstruct their memories when they recall them, according to Scientific American. Due to the subjectivity of how events are remembered, a number of factors may affect the accuracy of eyewitness testimony. In general, these factors are categorized as system variables or estimator variables.
System variables
System variables are factors that the criminal justice system can control, according to the American Bar Association. As such, these generally involve the methods law enforcement use to obtain information from a witness’ memory. In some cases, authorities may not emphasize steps that have the potential to minimize eyewitness mistakes in their haste to solve a crime.
The main system variables that affect eyewitness reliability include lineups, photo arrays and other identification procedures. For example, a suspect may stand out to a witness if different sized photos, or pictures with different lighting, are used in an array. Likewise, if the law enforcement officer who is conducting a line up knows which person is the suspect, he or she may unintentionally make suggestions to the witness. Additionally, unless authorities specify that the suspect may not be included, witnesses often feel as though they have to choose someone out of a lineup.
Estimator variables
According to the American Bar Association, estimator variables are factors that the criminal justice system cannot control. These types of variables are those, which may impact how eyewitnesses perceive and recall events. Some of the most common factors in this category include the following:
The witness’ age
How far away the witness was from the perpetrator of the crime
The area’s lighting when the crime took place
The amount of time that the witness saw the perpetrator
The witness’ level of intoxication
Whether the witness’ race differs from that of the crime’s perpetrator
Additionally, other factors, including a perpetrator’s personal characteristics, may also affect witness identification. Changing things, such as a person’s facial hair, hat, hairstyle or color, may impact how a witness perceives him or her. High stress situations can also impact witness recall and identification. This is especially true in events that involve weapons. In these situations, the witness may have most of his or her focus on the weapon, not on the person who is holding it.
Seeking legal counsel
When South Carolina law enforcement officers do not follow the proper procedures, it can easily taint eyewitness identifications, recollections and testimony. As such, innocent people may be convicted of crimes. In order to avoid a wrongful conviction, it may be of benefit for people who are facing criminal charges to obtain legal representation. An attorney may help them establish a strong defense that may include questioning the accuracy of eyewitness testimony.]]>On Behalf of William G. Yarborough Attorney at Lawhttps://www.wgylaw.com/?p=516572024-02-27T06:19:35Z2024-02-27T06:16:09Z1. Death or bodily injury
South Carolina law states that when a drunk driver causes the death or great bodily injury of another person, he or she has committed a felony. The law defines great bodily injury as an injury that causes one of the following:
Permanent disfigurement
Loss or impairment of an organ or bodily member
An increased risk of death
That charge can carry with it mandatory prison time of at least 30 days with the possibility of up to 15 years. A fine of between $5,100 and $10,100 may also be assessed.
2. A minor passenger
If a person driving a vehicle is legally intoxicated and has a passenger who is younger than 16, he or she may be charged with child endangerment in addition to the DUI. That charge will automatically become a felony if the child is seriously injured or killed. The law states that the penalties for the charge includes imprisonment of up to half the time associated with the DUI charge and a fine of up to half the maximum fine associated with the DUI.
3. A third offense
South Carolina automatically categorizes a person’s third DUI offense as a felony. The consequences of a third DUI conviction include as much as three years in prison as well as fines for up to $12,000 when the driver’s blood alcohol content is less than 0.10. These penalties may be enhanced for higher blood alcohol content levels.
Administrative and other penalties
There are a number of administrative penalties that may be assigned to someone who has been convicted of a felony DUI. For example, as the South Carolina Department of Motor Vehicles notes, anyone who has a second offense DUI will face an indefinite license suspension period. Even a first offense could lead to a license suspension of six months.
A DUI conviction will also lead to higher auto insurance premiums. Many people will have to obtain a SR-22 insurance certificate when they want to have their licenses reinstated. Further, a drunk driving conviction is a permanent part of someone’s criminal record, which can create problems when it comes to finding suitable housing and employment.
Anyone who is facing a DUI charge should take building a defense seriously. People who have questions about these issues should consult with an attorney.]]>On Behalf of William G. Yarborough Attorney at Lawhttps://www.wgylaw.com/?p=516562024-02-27T06:19:44Z2024-02-27T06:13:52ZBroader legalization proposed
Earlier this year, lawmakers introduced bills in the House and Senate that would build on changes to state medical marijuana laws that were approved in 2014. According to Fox News, that year, lawmakers legalized the medicinal use of cannabidiol oil, which is a non-psychoactive component of marijuana. The new legislation would allow medicinal use of the entire marijuana plant, without any restrictions on the amount of cannabidiol oil or THC.
The overall availability of medical marijuana would still be restricted under both bills. For instance, according to WSPA News, the Senate bill would require patients to secure a prescription from a doctor. Additionally, only certain medical ailments would be eligible for this type of treatment. Still, the passage of either bill could help significantly reduce the number of people who are left facing criminal charges after attempting to use marijuana for medical purposes.
Current penalties for possession
At present, people in South Carolina can face significant penalties for alleged possession, distribution or manufacturing of marijuana, regardless of their reasons for possessing the drug. The potential sanctions for various infractions are as follows:
Possession of less than one ounce – misdemeanor charges and up to 30 days imprisonment.
Possession of at least one ounce – misdemeanor charges, up to one year of imprisonment and fines up to $1,000.
Delivery or distribution of at least one ounce without intent to profit or cause addiction – misdemeanor charges, up to six months imprisonment and fines up to $1,000.
Possession of at least an ounce with alleged intent to distribute -up to 10 years imprisonment and fines up to $10,000.
The sanctions for secondary offenses and possession of greater amounts are even more stringent. Some of these offenses also carry mandatory minimum prison sentences, regardless of any mitigating circumstances.
Legal defenses
Unfortunately, even if this legislation is passed next year, there is still a potential for medical marijuana users to make missteps and end up facing serious criminal charges. Additionally, state laws don’t protect medical marijuana users from being charged with serious federal drug crimes, as marijuana is still considered a Schedule 1 substance.
The serious penalties that can follow a conviction underscore why anyone accused of a marijuana-related offense should consider speaking with an attorney. An attorney may be able to offer advice on challenging the charges or mitigating the consequences of a conviction.]]>On Behalf of William G. Yarborough Attorney at Lawhttps://www.wgylaw.com/?p=516552024-02-27T06:19:49Z2024-02-27T06:11:54ZIt’s not science
Most people think that a breath test is a scientific tool that law enforcement use to measure alcohol in a person’s blood. However, the National Motorists Association states that this is far from the truth. Science is based on established formulas that always produce an accurate reading such as a blood test.
However, studies that have compared the readings of breathalyzers against the results of a blood test show over and over again that the breathalyzers are often inaccurate. One such study showed that the measurement from a breathalyzer is subject to a 50 percent margin of error. This means that a person’s actual blood alcohol content level may be over the reading or under it. This can lead to innocent people being charged with a DUI.
Alcohol isn’t the only substance measured
The Sociology Department at the State University of New York points out that one problem with many breathalyzers is that they don’t only detect ethyl alcohol – the chemical compound found in alcoholic drinks. There are many other compounds that are similar in structure to the molecules in ethyl alcohol and some machines will detect these compounds and use them to compute the person’s blood alcohol level.
One compound a machine may detect is acetone. Acetone levels are higher in people who are dieting or have been diagnosed as diabetic. As such, if people with these kinds of health issues are tested, their BAC could indicate that they are impaired, when in fact, they have not consumed one drop of alcohol.
Factors that affect breath test results
In addition to health conditions and the error margin, there are many other factors that have been shown to affect a BAC reading on a breath test. These include the following:
Tobacco smoke
Police radios and cellphones
Dirt
Blood
Temperature of the person and environment
Physical activity
Exposure to chemical-laced products can also raise a person’s BAC level. In one experiment, a person painted a wall with a gallon of oil-base paint after taking a piece of plywood and putting content cement on it. While the person had not consumed any alcoholic beverage, a breath test showed a .12 BAC level, well over the legal limit of 0.08.
When people in Greenville are charged with driving under the influence, they should understand that they have rights and options. Therefore, it may be of benefit for them to sit down with an experienced criminal defense attorney.]]>On Behalf of William G. Yarborough Attorney at Lawhttps://www.wgylaw.com/?p=516542024-02-27T06:19:53Z2024-02-27T06:08:55Zcharged with such a crime.
What types of charges can be faced?
According to the University of South Carolina Law School, the state groups sex crimes involving minors into three distinct categories. One is for acts involving pictures or other media, one is for acts involving the solicitation of minors for sexual purposes, and the last one is for any act that involves the touching or attempted touching of a minor.
What are some examples of touching charges?
A charge related to touching or attempted touching may also involve penetration but does not have to. If penetration is alleged, a charge of criminal sexual conduct with a minor can be made.
The most serious criminal sexual conduct with a minor charge is a first degree, type one offense and can result in a mandatory 25-year minimum sentence. This is made when the alleged victim is under 11 years old. A first degree, type two offense is made when the alleged victim is under 16 years old and the defendant has been convicted of a prior offense. A conviction for this offense can result in 10 to 30 years in prison.
If an alleged victim is between 11 and 14 years old and there is no prior conviction on record for the defendant, a charge of criminal sexual conduct with a minor in the second degree, type one can be made. If the alleged victim is 14 or 15 years old and the defendant is older than the alleged victim, the charge may be a second degree, type two. Convictions for any of these offenses may result in prison sentences lasting up to 20 years.
Do defendants have to register as sex offenders?
According to the South Carolina Legislature, only persons convicted of sex crimes need to register as sex offenders. Simply being charged with an offense does not necessitate registration. It is important to note, however, that if a person is convicted of a consensual act, they will not be required to participate in the state’s sex offender registry program.
What should a defendant do?
The impact of a conviction for a sex crime against a minor can have far-reaching implications for a defendant. Contacting an attorney after an arrest is recommended to allow maximum time to work together on a proper defense.]]>On Behalf of William G. Yarborough Attorney at Lawhttps://www.wgylaw.com/?p=516532024-02-27T06:19:57Z2024-02-27T06:07:05Zhealth care fraud and why health care providers need to take the Medicare fraud crackdown seriously.
Extent of the crackdown
Analysts note that 2015 was the fifth year in a row that the federal government recovered more than $2 billion related to health care fraud, a figure that is even higher when including state recoveries of Medicare fraud. Such large amounts indicate that federal investigators are taking Medicare fraud increasingly seriously, as demonstrated in the large number of criminal charges that have been laid in recent years against those alleged to have engaged in fraudulent practices.
The federal crackdown against healthcare fraud is also reflected in a new rule the Centers for Medicare and Medicaid Services (CMS) recently proposed. According to Modern Healthcare, the rule would prohibit health care providers from Medicare and Medicaid funding if they work with somebody who has already been banned from the federal programs or who have debts with the federal government. The new rule comes after CMS recently started enforcing criminal background checks on health care providers who the federal agency considers at high risk for Medicaid fraud.
Consequences of fraud convictions
The federal crackdown against Medicare fraud should serve as a reminder of what is at stake when an individual is accused of such fraud. A conviction, for example, could lead to substantial fines, prison time and the loss of one’s professional license. An accusation alone could be enough to seriously damage one’s professional reputation within the community. In some cases negotiations between prosecutors and the defendant’s attorneys may allow the defendant to avoid prison, but he or she could still be required to pay significant fines.
Medicare fraud defense
Medicare fraud cases are unique and differ substantially from other types of fraud cases. Unlike with many other fraud cases, for example, a Medicare fraud case may involve evidence relating to medical coding, unnecessary billing, computerized healthcare systems and medical necessity. Anybody who has been accused of health care fraud should reach out to a criminal defense attorney who is familiar with how such cases are typically handled. With an experienced attorney on one’s side, defendants will have the representation they need to help uphold their futures and professional reputations.]]>On Behalf of William G. Yarborough Attorney at Lawhttps://www.wgylaw.com/?p=516522024-02-27T06:20:05Z2024-02-27T06:05:03Zerroneously imprisoned, has exonerated 341 people from prison. As a result, many people in South Carolina and across the U.S. are left to wonder what flaws in the judicial system caused these innocent people to become incarcerated in the first place.
One South Carolina man was finally released from prison after spending just over 14 years of his life behind bars. Not only was the man the unfortunate victim of eyewitness misidentification, but the forensic analyst responsible for testifying at his trial gave bad information that may have helped sway the jury’s verdict. The man was sentenced to 30 years in prison after being found guilty of first degree criminal sexual conduct. He was found innocent years later after forensic testing of the victim’s clothes excluded him as the perpetrator.
Leading factors
There are several factors that may increase a person’s risk of being wrongfully charged and convicted of a crime. Eyewitness misidentification is the most common cause of erroneous imprisonment, as it is involved in at least 70 percent of cases that have been exonerated by DNA testing. False memories, environmental conditions, disorganized lineups and even psychological misleading can cause a victim to choose the wrong person out of a lineup, according to the American Bar Association.
The Innocence Project also lists the following as factors that lead to false incrimination:
Bad attorneys who provide inadequate defense
Misconduct by the government
False confessions given under coercion, fear or ignorance
Informants that are rewarded for supplying information
In addition to these issues, the problem of poor forensic testing can also cause wrongful conviction. Some forensic tests and procedures, such as hair analysis, bite mark comparisons and shoe print comparisons, which are used as evidence in court have not been validated as providing scientifically accurate results. Furthermore, tests that do yield reliable results may be improperly conducted or fabricated to give inaccurate readings as well.
Defending your rights
If you have been charged with a crime and are overwhelmed at the prospect of receiving a criminal conviction, you may want to seek counsel from a defense attorney in South Carolina. You have rights and a lawyer may be helpful in exploring your legal options.]]>On Behalf of William G. Yarborough Attorney at Lawhttps://www.wgylaw.com/?p=516512024-02-27T06:20:10Z2024-02-27T06:01:22Zdriving under the influence or other alcohol-related infractions, according to the South Carolina Law Enforcement Division. With other offenses factored in, the overall number of arrests was even higher.
Many people who have been charged with criminal offenses may consider addressing those charges with only the assistance of a court-appointed public defender. However, several factors can make hiring a private attorney advisable for people in this position, starting with the following issues.
1. Serious lingering consequences
In South Carolina, the consequences of a criminal conviction can be significant. In addition to facing fines and incarceration, convicted individuals may incur collateral consequences, such as loss of the right to carry a firearm. According to the National Institute of Justice, these consequences can persist long after a person has served his or her time, and some may even last indefinitely.
People who have only been convicted of misdemeanors may still face substantial collateral consequences, according to Time magazine. These sanctions may limit a person’s ability to secure housing, financial assistance, professional licenses and employment. Unfortunately, many people may overlook these harmful outcomes when deciding whether to plead guilty to a given offense or handle the charges without private legal assistance.
2. Threat of wrongful conviction
Many wrongly accused individuals may believe that they do not need to seek legal representation because the objective evidence will support their innocence. However, national data shows that wrongful convictions occur alarmingly often. Per the National Registry of Exonerations, over 1,800 wrongfully convicted individuals have been exonerated in the U.S. to date. Wrongful convictions may occur due to many factors, including the following variables:
Forensic evidence that is inaccurate or presented in a misleading light
Mistakes on the part of eyewitnesses
Misconduct on the part of prosecutors, forensic analysts or other officials
Unfortunately, it may be difficult for a wrongly accused individual to assess whether any of these factors are influencing his or her case. Furthermore, appealing a criminal conviction and obtaining relief later can be a challenging process. A defense attorney may able to help ensure that potential issues with the evidence against a person are properly taken into account when the person’s case is first heard.
3. Challenges of mounting a defense
In some cases it may be difficult for an overworked public defender to craft an effective defense, and most people facing criminal charges lack the legal knowledge to defend themselves. Troublingly, here in South Carolina, one-third of the wrongful convictions recorded in the National Registry of Exonerations were attributed in part to insufficient legal defense. Hiring an attorney can help a person ensure that his or her case receives adequate time and attention, thereby improving the likelihood of a favorable outcome.
Identifying the right option
Before ruling out the possibility of hiring an attorney, anyone facing criminal charges in South Carolina should first consider consulting with one. A private attorney may be able to help a person assess his or her options and identify the best strategy for minimizing the long-term consequences of the charges.]]>On Behalf of William G. Yarborough Attorney at Lawhttps://www.wgylaw.com/?p=516712024-02-26T22:11:00Z2024-02-26T22:11:00ZA target letter is a warning about an investigation
Often, the criminal investigation process begins without someone's awareness. Police departments and even federal regulatory agencies may begin investigating quietly at first. They want to connect with witnesses and review evidence that someone might otherwise try to hide, alter or destroy. However, it may become necessary to communicate with the party subject to the investigation. A target letter is often a warning sign that someone's arrest or indictment might incur in the near future.
The letter may include language advising someone that they have the option of speaking before the grand jury that could decide to bring charges against them. Target letters can sometimes arrive not long before federal search warrants. How should someone respond after receiving a target letter advising them of an ongoing investigation?
Those under investigation need support
Even when someone is absolutely certain of their own innocence, they still need to protect themselves legally. Not every investigation exonerates the person accused of criminal activity. Investigators hoping to prosecute may allow that desire to color how the state views and analyzes evidence. Therefore, those aware of a pending investigation often need legal guidance as soon as possible.
A criminal defense attorney can educate someone about their rights and clarify the law in regard to the charges that they face and the possible penalties the state might impose. An attorney can also assist someone during the execution of a search warrant or if they must meet with investigators to discuss the matter. Being proactive about protecting oneself when facing a criminal investigation could help someone achieve the best outcome possible.]]>