Sep 19, 2019 | Criminal Defense
Do we have mandatory minimum sentences in SC? Although SC does not have formal sentencing guidelines like the federal courts or some other states, we do have mandatory minimum sentences in SC. A lot of them… To determine whether an offense has a mandatory minimum...
Sep 12, 2019 | Criminal Defense, Evidence Rules
Is there a spousal privilege in SC? There is, although it is not always helpful. Spousal privilege in SC used to be a common-law rule that prohibited calling a person as a witness against their husband or wife. Now, spousal privilege in SC is statutory – the statute...
Sep 12, 2019 | Criminal Defense, Marijuana Prohibition
Is the smell of marijuana probable cause in SC? As a court in New York noted earlier this year, the smell of marijuana is always probable cause to search and police often take advantage of this – routinely lying about the “overwhelming odor of marijuana” any time...
Aug 22, 2019 | Criminal Defense, Evidence Rules
Is “good character” evidence admissible in a criminal trial? Character evidence is admissible in a criminal trial, but the rules on character evidence are often misunderstood by prosecutors, defense attorneys, and judges. Can the defense introduce evidence of a...
Jul 11, 2019 | Criminal Defense, Marijuana Prohibition
Can I fly with marijuana if it’s legal? A surprising number of people try to board planes at the Myrtle Beach airport with marijuana in their baggage or even in their pockets… what happens when TSA agents find their stash? When someone tries to fly with marijuana, are...
Jul 4, 2019 | Criminal Defense, First Amendment, Police and Prosecutorial Misconduct
Cursing at a cop is protected speech. The United States Supreme Court and the South Carolina Supreme Court have made that clear for decades in a line of cases that arguably begins in 1942 when the US Supreme Court outlined the “fighting words exception” to First...
