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 […]
June 24th, 2013 | by jim-courtney-administrator
Forfeiture of a vehicle that had been used in drug activity always gets people’s attention, and for good reason. The prevailing myth is that if you are caught with a joint in your car, the police can seize your car and sell it and use the money for themselves. In South Carolina, that is not […]
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 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 […]