It Is Important To Preserve Client Immunity In Plea Agreements
It is generally thought that statements made in the course of plea bargaining are inadmissable if the deal collapses and the accused later goes to trial. In fact, Rule 410 of the South Carolina Rules of Evidence (SCRE) (which is substantially similar to its counterpart in the Federal Rules of Evidence(FRE) states that ” . . . a statement made during plea negotiations with a prosecuting authority, even if a guilty plea is not entered or is later withdrawn, is not admissible.”
Read MoreU Say SC, We Must Say USC
Among the hundreds of cases that the Supreme Court refused to review last week was the trademark dispute between The University of South Carolina and The University of Southern California.
Read MoreSupreme Court Agrees To Hear $3Billion Boeing Case Against Federal Government
The case involves a 19 year old dispute over the Pentagon’s 1991 termination of the A- 12 Avenger stealth fighter aircraft program.
Read MoreIf a Criminal Conviction is Expunged, Did it Ever Exist?
When you are arrested, a record of your case is maintained with SLED, the prosecutor, the Court, police department, etc. If your charge qualifies, an Order of Expungement along with the disposition of your case must be forwarded to the Solicitor for approval and/or a representative of pre-trial intervention. Upon approval and filing with the Court, the Expungement Order will then be sent out to any and all agencies associated with the charge.
Read MoreYours, Mine, Ours – Who Gets The House In A South Carolina Divorce?
There are three important concepts to keep in mind when determining who gets what in a South Carolina divorce: “marital property,” “nonmarital property” and “transmutation.”
Read MoreFacebook Can Make Or Break Your Case
At Mikell Law Firm, one of the first questions we ask a prospective client is whether or not they – or any other known party to the case – has a Facebook page. This is because the way we communicate has changed drastically over the past few years and our rules of procedure and evidence are changing right along with it.
Read MoreDram Shop Liability in South Carolina
“Dram Shop Acts” are state statutes that impose civil liability on barkeepers for the injuries a customer causes to third parties when they knew, or should have known, that such customer was intoxicated when they served him.
Read MoreRIGHTS OF THE ACCUSED – HOW IS THE SUPREME COURT TRENDING?
The Supreme Court Database is a wonderful tool for tracking trends in U.S. Supreme Court decisions. This Database allows its users to analyze whether the Supreme Court is trending more “liberal” or more “conservative” on a variety of topics – including decisions relating to criminal procedure and the rights of the accused.
Read MoreFTC Argues That Lawyers Are Subject To Federal Anti-Identity Theft “Red Flags Rule”
The “Red Flags Rule” was implemented by the Federal Trade Commission in January 2008 pursuant to the Fair and Accurate Credit Transactions Act of 2003 (the “FACT Act”). Broadly speaking, the Red Flags Rule requires entities that extend credit to customers to implement internal procedures to safeguard against identity theft of non-customers.
Read MoreIf You Want To Remain Silent-Speak Up!
On June 1, 2010, the US Supreme Court, in Berghuis v. Thompkins, has chosen to lighten the government’s burden to show waiver of a suspect’s right to remain silent, and clarifies law enforcement obligations that were established in Miranda v. Arizona more than 40 years ago
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