Blog Posts - Blog
Are repeat DUI offenders more dangerous on the road?
The state of South Carolina has harsh penalties for anyone caught driving under the influence of drugs or alcohol. Unfortunately, studies have shown that many people continue to drive under the influence after racking up a DUI charge or two. Repeat offenders are some of the most dangerous people on the road. What are the…
READ MOREThoughts On Thanksgiving
We often think of gratitude on Thanksgiving Day. It is a day to gather and offer thanks. It is not just a day. It is THE day for Americans. It’s a tradition that started before our nation’s founding and has been part of our culture for as long as anyone alive can remember. Parades, turkey,…
READ MOREElvis Presley’s Legal Legacy
Elvis Presley is best known for his massive influence on rock and roll as we know it, appropriately nicknamed “The King” or “The King of Rock and Roll.” While his musical legacy has lived on for years and deserves to be recognized, many people are not nearly as aware of the legal legacy that has…
READ MORERyan Beasley Comes To Popular Teacher’s Defense
Attorney at Beasley Law is representing Lisa Houston, the Upstate teacher who lost her job following the viral video of a mischaracterized classroom episode. The sensationalized case has made national headlines, casting both his client and the school district in an unfavorable light. The situation could have been defused and handled differently, Beasley says. See…
READ MOREA sliding scale for criminal fines and traffic tickets?
To a brain surgeon or corporate executive, a speeding ticket is no big deal. They probably have that much cash in their purse or wallet. When a retail clerk or maid gets that traffic ticket, it hurts. It may mean the rent is late or they can’t buy food. It can have a domino effect….
READ MORE"‘PIL’ task force on opioid trade will cast a wide net"
Attorney General Jeff Sessions announced a coordinated and unprecedented effort to combat the scourge of prescription opioid abuse in America. By cracking down on the supply side, federal law enforcement hopes to reduce overdose deaths and the crime and family strife associated with painkiller addiction. But any War on Drugs always catches innocent people in…
READ MOREReport suggests federal agencies secretly helping local police
There is nothing wrong with federal agencies working with local law enforcement. Unless the feds are passing along unlawfully obtained information or concealing their secret surveillance. A recent court case has revealed a disturbing trend. Federal agents feed tips to state and local police who then make the bust. Those defendants and their lawyers typically…
READ MOREThe consequences of underage DUI are harsh and long-lasting
Jail or loss of driving privileges may not even be the worst part of a DUI conviction. The long-term aftermath can be just as devastating. This is especially true for students and young adults. A DUI on a young person’s record can affect their college plans and future employment, as well as their finances and…
READ MOREHow are federal criminal charges different?
Criminal prosecutions can be brought in state or federal court. What is the difference between a state crime and a federal crime? What triggers federal charges? Is federal court any different than state court? Yes, there are important differences. Federal crimes are almost always felony charges, with potentially tougher punishments. Federal court operates under different…
READ MOREOh, man. Even the computers are racist?
Recently we wrote about racial bias in plea bargains. For the same crime with no prior convictions, researchers found that white defendants, on average, had better outcomes than their black counterparts. ( You get probation, but you go to jail.) Along those lines, criminal justice gurus have tried to remove racial bias by taking humans…
READ MOREWhen does theft become a felony in South Carolina?
Most states set a certain dollar amount to differentiate between misdemeanor theft and felony theft. South Carolina has one of the highest thresholds in the nation for grand larceny (felony) charges. This prevents filling our prisons with low-level offenders and people who steal to feed drug addictions. However, any theft charges can lead to jail…
READ MOREAre cellphones fair game for law enforcement?
Mobile phones were once the exclusive domain of business moguls. Today, even 10-year-old kids have cellphones. Increasingly, law enforcement is using that fact to track the whereabouts of suspects and obtain data about private communications. But civil rights defenders and criminal defense lawyers are pushing back. In particular, they are challenging the use of cell…
READ MOREBefore you respond to a letter from the IRS …
The Internal Revenue Service has issued a list of helpful tips for taxpayers who receive letters in the mail. Their “don’t panic” reassurances are hardly reassuring. Some of the advice is conflicting. And one piece of advice is conspicuously missing from “Seven Things To Do When An IRS Letter Arrives.” The list does not suggest…
READ MOREBlack defendants treated unequally in plea bargain process
Much has been written about racial profiling by police. Much has been written about federal judges giving longer prison terms to minorities. New research shows that African-American defendants also face discrimination at several points between the arrest and sentencing. The study suggests race plays a role in the severity of charges and what prosecutors offer…
READ MOREIs Your Door Lock Protected By The Fourth Amendment?
Seemingly good detective work sometimes crosses a line. Police must follow leads and clues and hunches to solve crimes, but they also must follow the law. A federal appeals court recently ruled that police went too far when they inserted a key into a door to determine if their suspect lived there. The government argued…
READ MOREFailing To Report Side Income Can Be Prosecuted As Tax Evasion
There is a big difference between iffy tax deductions and failing to tell the IRS about thousands of dollars in income. The shift toward a gig economy – piecing together income from multiple sources – means more people are earning “off-book” money that the government doesn’t know about. So-called “side hustles” are costing the U.S….
READ MORECourts limit warrants for cellphones and social media accounts
Law enforcement agencies quickly latched on to the electronic trail of evidence. Crimes are easier to prove with a smoking gun email or text, or an incriminating photo posted to Facebook. Prosecutors often tack on wire fraud charges for extra leverage if the suspects used the internet or smartphones in furtherance of a crime. But…
READ MOREHow to challenge a DUI charge in South Carolina
Were you recently arrested under suspicion of drunk driving? Are you facing a charge of driving under the influence (DUI) or driving with an unlawful concentration (DUAC)? It is important to fight back in order to keep a conviction off of your permanent record. Avoid the consequences of a conviction Depending on the circumstances in…
READ MORE‘Just passing through’
Lots of people arrested in the Greenville area don’t live here. They are drawn to Falls Park, to Bon Secours, to Centre Stage, the Greenville Zoo, or our Shakespeare festival. Or they are just passing through, and they happen to have bad luck here. Some visitors are convinced that local law enforcement is on the…
READ MOREHow much do you really know about South Carolina DUI?
Think you know a lot about DUI laws in South Carolina? If you find yourself pulled over or facing charges of driving under the influence, it pays to be well-informed. Here are some questions (and answers) you can use to test your knowledge. In South Carolina can you legally drink alcohol before driving a car?…
READ MORECritics of “Back the Blue” worry police would not be accountable
A bill in Congress called “Back the Blue” is intended to protect police officers who put their lives on the line. But the proposed legislation would not only enhance penalties for killing or assaulting officers, but broaden immunity to cops who are sued for brutality or using deadly force. Opponents are concerned that “Back the…
READ MOREDrug Arrests Of The Rich And Famous
Celebrities used as an example by law enforcement Despite their fans and the importance placed on them in our society, celebrities can also get arrested for drug crimes. In many situations, as with other citizens, officers make these arrests based on simple possession – especially of marijuana. Many people believe that the rich and famous…
READ MOREDo police always need probable cause?
Most of us have heard the phrase “probable cause” used by police officers and prosecutors on television shows. The first thing any good criminal defense lawyer will do is investigate whether the police had right and reason for searching a person’s property, or even questioning a person before making an arrest. In this post, I…
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