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statement made during plea negotiations with a prosecuting authority, even if a guilty plea is not entered or is later withdrawn, is not admissible.”

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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.

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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.

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“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.

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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.

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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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In the legal world, “pro se” is a term for litigants who represent themselves in court. A study published today on Law.com indicates that the worsening economy has led to a rise in the number of people who try to appear in court without a lawyer.

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This week’s departure of Family Court Judge F.P. “Charlie” Segars-Andrews could mean the end of Juvenile Drug Court – and that could spell trouble for Charleston County teenagers whose drug or alcohol problems have landed them in trouble with the law.

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According to DrinkingandDriving.org, 38 out of every 10, 000 South Carolinians are arrested for drunk driving every year. But the number of arrests spikes over the holidays, as police all over South Carolina work overtime setting up DUI checkpoints to catch impaired drivers.

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In a landmark decision today, the US Supreme Court extended the Second Amendment right to bear arms nationwide.

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