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statement made during plea negotiations with a prosecuting authority, even if a guilty plea is not entered or is later withdrawn, is not admissible.”
It Is Important To Preserve Client Immunity In Plea Agreements
Criminal Defense, DUI, Law Enforcement Procedure, Legal, U.S. Supreme Court // No Comments
If a Criminal Conviction is Expunged, Did it Ever Exist?
Criminal Defense, DUI, Expungement, Legal // 1 Comment
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.
Facebook Can Make Or Break Your Case
Business Law, Criminal Defense, DUI, Family Court, Law Enforcement Procedure, Legal, Personal Injury // No Comments
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.
Dram Shop Liability in South Carolina
Accidents, Criminal Defense, DUI, Legal, Personal Injury // 1 Comment
“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.
RIGHTS OF THE ACCUSED – HOW IS THE SUPREME COURT TRENDING?
Criminal Defense, DUI, Law Enforcement Procedure, Legal, U.S. Supreme Court // No Comments
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.
If You Want To Remain Silent-Speak Up!
Criminal Defense, DUI, Legal, U.S. Supreme Court // No Comments
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
Should I Hire a Lawyer?
Accidents, Criminal Defense, DUI, Family Court, Legal, Personal Injury // No Comments
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.
DUI and the 4th of July
Criminal Defense, DUI, Law Enforcement Procedure // No Comments
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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