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statement made during plea negotiations with a prosecuting authority, even if a guilty plea is not entered or is later withdrawn, is not admissible.”

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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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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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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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We are constantly amazed by how few people understand that the 5th Amendment of the U.S. Constitution gives them a right against self incrimination.  As a general rule, if you are questioned by the police and you believe they may suspect you of criminal activity (or if you aren’t sure) you should not talk to […]

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