Posts Tagged ‘charleston criminal lawyer’

February 5th, 2014 | by jim-courtney-administrator

Many people don’t understand the differences between murder and involuntary manslaughter. After all, in both cases someone has been killed, and someone else caused the death. However, there are important differences that can be illuminated through the examination of a recent case in the South Carolina Court of Appeals. In this case, which is an […]

October 16th, 2013 | by jim-courtney-administrator

Many people think that if a person is on trial, they must have done it. They also think that if the state is going to the trouble of trying a case, they must have the goods on the defendant. These are false assumptions, and also opposite of what the legal system must assume when someone […]

August 22nd, 2013 | by jim-courtney-administrator

Many people are familiar with the concept that police officers cannot keep a person pulled over for an unreasonable length of time without a good reason. However, that is an unreasonable length of time and what is a good reason are both concepts that are open to interpretation. A recent case in the South Carolina […]

July 12th, 2013 | by jim-courtney-administrator

Most people in South Carolina don’t know that police have to video field sobriety tests and the breath test, except in certain limited circumstances. This is to protect citizens from officers who might not recall the results of such tests accurately or might use incorrect procedures during the tests. A recently decided Court of Appeals […]

June 3rd, 2013 | by jim-courtney-administrator

On May 22, 2013 The Supreme Court of South Carolina found unconstitutional a provision in §23-3-540(C) and (H), commonly known as Jessica’s Law. That law mandates that “when an individual has been convicted of engaging in or attempting criminal sexual conduct with a minor in the first degree (CSC-First) or lewd act on a minor, […]

May 22nd, 2013 | by jim-courtney-administrator

A directed verdict is a home run for a defense attorney. It means the defendant doesn’t even have to put on a defense to the charges, because the judge agrees there is not enough credible evidence to convict the defendant. I have been fortunate enough to win a directed verdict in a trial, but for […]

May 15th, 2013 | by jim-courtney-administrator

In a recent case heard in the South Carolina Court of Appeals, an interesting concept has come up. It is the idea that if you are held in contempt by the court for a certain action, that double jeopardy attaches and you cannot be prosecuted for the same crimes that you were found in contempt […]

May 10th, 2013 | by jim-courtney-administrator

In an opinion filed this week in the South Carolina Supreme Court (Opinion No. 27250), we see the benefits and the pitfalls of a defendant pleading guilty in an “Alford” plea. For those who are not familiar with what that is, basically it is a plea bargain where the defendant’s position is that he wants […]

March 22nd, 2013 | by jim-courtney-administrator

In the latest South Carolina Supreme Court case, we find an appeal of a conviction based on ineffective assistance of counsel. Most people, including lawyers, do not understand what is involved with an appeal of this type. That is because there are virtually no lawyers who will just sit there and let their client be […]