Jul 9, 2020 | Criminal Defense
What is the difference between child neglect, cruelty to children, and child endangerment in SC? There are several different ways that a person can be charged with harming a child in SC, and there is often confusion among laypersons, police investigators, and even...
Feb 10, 2020 | Criminal Defense, DUI, Fourth Amendment
Written by Coastal Law | Legally reviewed by Michael H. Wells | Last reviewed: February 10, 2020 Do police need to get a warrant before they draw blood in a DUI case? What if police ask for consent for a blood test and you say no? Can they hold you down and forcibly...
Nov 9, 2019 | Criminal Defense
What is a lesser included offense? Sometimes, a person will plead guilty to a lesser included offense, or a jury will find a person guilty of a lesser included offense instead of the more serious offenses presented at trial. But what qualifies as a lesser included...
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...
