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If you are driving down the road and notice the blue and red flashing lights in your rear view mirror, it is a frightening experience. While most of the time being pulled over results in just a warning, or at worst, a ticket, it is still important to be careful and understand your rights. Every time a police officer pulls someone over, they are looking for potential violations of the law. With this in mind, you should understand what your legal rights are and how to keep yourself safe both physically and legally.

Right to Privacy

The police do not have the right to search your vehicle unless they have probable cause to believe that you have something illegal in the car. If you have drugs easily visible, for example, that would be considered a valid reason for searching the vehicle even if you don’t consent. The police are permitted to ask you for permission to search your vehicle, but you absolutely do not have to grant them permission and it is in your best interest to refuse consent. Of course, if the police decide to search anyway, you should not try to physically stop them. Just make sure that you state that you do not give your consent, and then fight the injustice in court.

Right to Remain Silent

When you are pulled over, the police will typically ask you a number of questions while you are getting your license and insurance information. You do have the right to remain silent, though that will typically only serve to aggravate the officer. If they ask your name or other information that they will have anyway, it is acceptable to answer. If they ask you how fast you were going, or any other potentially incriminating questions, it is best to either say you don’t recall or that you would prefer not to answer.

Never Fight with the Police

No matter what legal rights you technically have, you do need to keep in mind that the police are a well-armed force that can summon huge amounts of backup in just minutes. If you get into a physical altercation with the police, you absolutely won’t win. No matter what type of violations of your rights the police attempt, don’t try to stop them physically. Make it clear that you don’t consent, and then try to remember everything that happens. This information can be helpful when working with an attorney to take the police to court.

Fighting for Your Legal Rights

If you have been harassed or otherwise mistreated by the police, it is important that you fight for your rights through the courts. The police often think that they can get away anything because people don’t stand up for their rights. Contact us to discuss your situation and see what your options may be.

Get a free phone consultation today, call (864) 810-0384 or submit a free consultation request form.

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If you are arrested and charged with a misdemeanor, you need to take the situation very seriously. These charges aren’t something that you want to just plead guilty to and try to move on with your life because they can have a lasting impact in ways you have likely not thought of. An aggressive defense today can help protect you from problems for years to come. Read on to learn about some of the reasons that you need to take misdemeanor charges very seriously.

Serious Consequences

If you are convicted of a misdemeanor you may assume that the penalties will be fairly minor, such as a small financial fine. The reality is, however, that the judges typically have a huge amount of leeway on penalties, and what they assign can vary drastically based on many factors. Depending on what the charges were, you could get anything from a small fine to having to pay thousands of dollars and spend countless hours performing community service. It is also possible that you could lose your driving privileges, or even go to jail (see below!). You don’t want to have such serious penalties left to the whims of a judge!

Visible on Background Checks

One of the biggest misconceptions about misdemeanor convictions is that they won’t show up on background checks. In reality, most misdemeanor charges will be visible on your police record for the rest of your life. In today’s world, background checks are run on people for many reasons including when they want to volunteer at their children’s school, coach a sporting team, and of course, when trying to get a job.

Direct Impact on Job Prospects

Most employers today will run a background check on potential job candidates to see what they find. While a misdemeanor charge may not appear serious to you, imagine looking at it from the point of view of an employer. If they have multiple qualified candidates, it is unlikely that they will hire someone with a conviction on their record when they don’t have to. Some employers will even terminate someone’s employment should they get convicted of any crime!

Potential Jail Time

As mentioned above, one of the penalties that a judge can assign for a misdemeanor conviction is jail time. The length of jail time will depend on what the charges were, other details on your record, and (unfortunately) how the judge feels about you personally. Jail time can range from nothing at all up to 6 months or more behind bars!

We will Help You Fight for Your Legal Rights

If you are arrested and charged with a misdemeanor, you need to take the situation extremely seriously. Having an experienced defense attorney working on your behalf is critical for getting a not-guilty verdict, or even having the charges dropped entirely.

Get a free phone consultation today, call (864) 810-0384 or submit a free consultation request form.

The post 4 Reasons Why Misdemeanors Are Serious appeared first on The Woods Law Firm.

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An arrest warrant is a warrant provided to a law enforcement official by a judge in a court of law granting that law enforcement official the right and duty to arrest a person of interest in connection with a crime.

In a court of law, a warrant of arrest is acquired by presenting a judge likely to arrest the suspect. If there is any relevant evidence that can be submitted to the judge when applying for an arrest warrant to speed up the process, it should be disclosed. That is why, before applying for an arrest warrant, many officers or prosecutors ensure that they have probable cause and at least two pieces of evidence to present to the judge.

Most commonly, arrest warrants are required when a crime is committed from a police officer’s perspective. If, in view of a police officer, a crime is committed then an arrest can be made without a warrant. If your arrest warrant is real, it’s better to turn yourself in than wait for the police to pick you up. The courts will think that if you turn yourself in, you’re a more responsible person. If you have a bail hearing, this may improve your chances of being allowed to return to the community.

Call (864) 810-0384 or submit a free consultation request form today.

1. Talk to a criminal lawyer

It can be very stressful to find out that there is an outstanding warrant for your arrest. An attorney can help you find out the warrant details. When you turn yourself in, a lawyer can tell you what might happen. If you are arrested and held in custody, a lawyer can help you plan what to do. A lawyer can also help you think of a release plan and a possible safeguard. When you turn yourself in, your lawyer may even be able to come to the police station with you.

2. Prepare to turn yourself in

The police may not allow you to leave after you turn yourself in. Prepare to be held in custody for a bail hearing before you go to the police station.

• Do not bring any personal property that you are unwilling to leave with the police to the police station. If you are not released immediately, your personal property will be held by the police until you receive bail, allowing someone to pick up your property.
• Don’t take your car with you. You might want somebody to give you a ride to the station. If you don’t bring your car, you won’t have to arrange to move it if you’re not released
• Write down family or friends’ telephone numbers that would be willing to be a guarantee for you. You may not get bail if you don’t have a security. A guarantor is someone who agrees to oversee you while you are on bail in the community. Your assurance is your responsibility.

3. Turn yourself in

Turning yourself in is better than waiting for the police to pick you up. The courts are more likely to think that if you turn yourself in, you are a responsible person. If you have a bail hearing, this may improve your chances of being allowed to return to the community.

Get a free phone consultation today, call (864) 810-0384 or submit a free consultation request form.

Fighting for Your Legal Rights

If you or someone you love has been arrested for DUI, contact The Woods Law Firm to discuss your options and get a strong defense team today.

The post A Warrant Has Been Issued for Your Arrest: 3 Steps to Take Immediately appeared first on The Woods Law Firm.

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Law enforcement officers use a number of methods in South Carolina to apprehend motorists driving while driving under the influence of alcohol or drugs. A common law enforcement approach is to establish DUI checkpoints for vehicles. These checkpoints can be an important tool for law enforcement, as vehicles passing through the checkpoint can be stopped, inquired, and further investigated if warranted. Checkpoints result not only in DUI arrests, but also in violations of licenses and insurance, drug offenses, and warrant arrests.

The United States’ Fourth Amendment to the Constitution ensures that all persons have the right to be protected from unreasonable searches and seizures. While the equivalent of a “seizure” is a license or DUI checkpoint, the U.S. Supreme Court upheld the constitutionality of using a brief stop to check licenses or detect drunk drivers. Not all checkpoints are legal, however, unless they meet certain basic requirements. Whether or not a checkpoint is legal depends largely on exactly how the checkpoint was set up by law enforcement, how the checkpoint was run, and proof that the checkpoint was “successful.”

Call (864) 810-0384 or submit a free consultation request form today.

Requirements for Setting Up a Legal DUI Checkpoint:

There are strict guidelines for establishing DUI or sobriety checkpoints that must be followed by the state.

1. Have a Valid Reason for the Checkpoint – Law enforcement needs to have a valid reason for the location of the checkpoint.

2. Approval from Supervisory Staff – Supervisory enforcement staff must approve: 1) the decision to set a checkpoint, 2) the selection of the checkpoint site, and 3) the checkpoint operation procedures.

3. Law Enforcement Must Announce the Checkpoint – Law enforcement must announce any potential checkpoint date and location.

4. Cars Must Be Stopped in a Predictable Pattern – In South Carolina, when conducting a checkpoint, law enforcement can not randomly stop vehicles. Instead, according to a neutral formula, law enforcement can only stop the motorist in a sequence. (For example, by pulling over each second or third vehicle.)

5. The Site Must Be Safe and Identifiable – Law enforcement must take precautions for security, such as proper lighting, warning signs, and signals. Additionally, law enforcement vehicles must be clearly identifiable and used in uniform personnel. Finally, it is necessary to clearly identify the checkpoint as a license or DUI checkpoint. The checkpoint, in other words, can not be used randomly for anything.

6. The Stop Must Be Brief – There is no set time limit under South Carolina law during which a driver can be detained at a checkpoint by law enforcement. Nevertheless, law enforcement must establish procedures to ensure that drivers are not held longer than they need. Whether the stop period was reasonable in each case depends on the circumstances.

7. Checkpoint Must Be Effective – When an arrest is made at a checkpoint, the prosecution must present evidence that the checkpoint “served the interest of the public.” Typically, the prosecution can demonstrate the effectiveness of a DUI checkpoint by showing that traffic stops actually resulted in traffic violations (such as driving without a license) or criminal violations (such as drunk driving) being discovered.

What You Should Do at a DUI Checkpoint

● Remain Calm. Officers realize it is stressful for most drivers to be stopped by the police, but acting too nervous or upset may raise suspicions.
● Show Respect. There is no need to disrespect an officer. If you have to decline the requests of an officer, do so politely. The incident does not need to escalate, but if it does, you will be on the losing end.
● Exercise Your Right to Remain Silent. Be respectful to the law enforcement officer and state that you want to remain silent in a respectful manner. Don’t say anything unless you’re versed in the law.
● Don’t Agree to a Vehicle Search. If the officer asks, you do not need to consent to a vehicle search. Refusing to consent to a search does not mean that you are guilty of a crime. Your silence can’t imply consent.
● Refuse a Test. You don’t have to carry out any field sobriety tests if asked, but refusal to do so will cause your driver’s license to be suspended.

Fighting for Your Legal Rights

If you or someone you love has been arrested for DUI, contact The Woods Law Firm to discuss your options and get a strong defense team today.

Get a free phone consultation today, call (864) 810-0384 or submit a free consultation request form.

The post South Carolina DUI Checkpoints: What You Need to Know appeared first on The Woods Law Firm.

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Facing assault charges in South Carolina is a scary experience. You face the loss of your freedom and possible damage to your reputation. You likely have many questions. Attorney Freddy Woods is frequently contacted by people facing serious criminal charges. Here are the most common questions he receives about assault charges and their answers. If you still have questions after reading this information or would like to secure his legal services to defend yourself against assault charges in South Carolina, contact the Woods Law Firm for a confidential consultation.

Call (864) 810-0384 or submit a free consultation request form today.

Is Assault and Battery in South Carolina Classified as a Felony or Misdemeanor?

There are four different levels of assault charges in South Carolina. Assault and battery in the third degree is considered a misdemeanor. Likewise, assault and battery in the second degree is considered a misdemeanor. However, assault and battery in the first degree and assault and battery of a high and aggravated nature are considered felony offenses in South Carolina.

How Is Assault and Battery Defined Under South Carolina Law?

All four different laws regarding assault in South Carolina describe assault as causing an unlawful injury to another individual or attempting to injure another individual, under S.C. Code Ann. § 16-3-600. Each offense is defined differently, as follows:

• Assault and battery in the third degree – A person unlawfully injures or attempts to injure another individual with the current physical ability to injure that person.
• Assault and battery in the second degree – A person unlawfully injures or attempts to injure another individual with the current ability to do so and moderate bodily injury to the victim did or could have resulted. Alternatively, this crime can be charged when a person touched another person in a sexual manner that was nonconsensual.
• Assault and battery in the first degree – There are several definitions for this particular crime. One definition is when a person unlawfully injures another individual in a way that involves sexual touching. Another definition is when a person unlawfully injures another individual while committing the crime of robbery, burglary, theft or kidnapping. Finally, if a person attempts to injure someone else with the current ability to do so and takes such action that is likely to result in great bodily injury or death or that happened while committing robbery, burglary, theft or kidnapping.
• Assault and battery of a high and aggravated nature – A person unlawfully injures another individual and causes great bodily injury to another individual or uses such actions that are likely to cause great bodily injury or death.

Get a free phone consultation today, call (864) 810-0384 or submit a free consultation request form.

What Are the Possible Penalties for Assault?

The possible penalties for assault and battery in South Carolina depend on the crime that is charged.

Assault and battery of a high and aggravated nature carries a maximum term of imprisonment of 20 years.

Conviction for first degree assault and battery can result in imprisonment up to ten years.

Conviction for second degree assault and battery can result in imprisonment up to three years and a fine up to $2,500.

Conviction of third degree assault and battery carries a maximum penalty of 30 days in jail and a fine of $500.

These crimes may be lesser included offenses to attempted murder or other crimes, so you may face additional charges and penalties when you are charged with any of these offenses.

For a free phone consultation, call (864) 810-0384 or submit a free consultation request form today.

Where Are Assault Cases Heard in South Carolina?

South Carolina has 46 counties. Greenville County, Richland County and Charleston County are the three largest counties in the state. Assault and battery cases are criminal cases that may be tried in courts that hear felony or misdemeanor cases. In South Carolina, the circuit court in the county where you are charged with the offense hears the case for felony cases. These courts are called General Sessions.  Municipal courts or summary courts hear misdemeanor cases.

The main courthouses that deal with assault and battery charges in South Carolina for the three largest counties in South Carolina are listed below.

Greenville County

Greenville County Circuit Court

305 E. North Street

Greenville, SC 29601

(864) 467-8551

Judges: Perry H. Gravely, D. Garrison Hill, Robin B. Stilwell, Letitia H. Verdin

Court Clerk: Paul B. Wickensimer

Court hours: 8:30 a.m. to 5:00 p.m. Monday – Friday

Greenville Municipal Court

426 N. Main Street

Greenville, SC 29601

Phone: (864) 467-6650

List of Greenville County Municipal Judges

Court Clerk: Pam Larson

Court Hours: 8:00 a.m. to 5:00 p.m.

Greenville Magistrate Court Map

Richland County

Richland County Circuit Court

1701 Main St.

Columbia, South Carolina 29201

(803) 576-1950

Chief Justice: Jean Hoefer Toal (retired)

Court clerk: Jeannette McBride

Court hours: 8:30 a.m. to 5:00 p.m. Monday – Friday

Richland County Magistrate Court

Central Court

2500 Decker Blvd.

Columbia, SC 29206

Phone: (803) 576-2300

Judge: Benjamin Franklin Byrd

Court Hours: 8:30 a.m. to 5:00 p.m.

 

Upper Township Magistrate

400 Northeast Dr. Suite I

Columbia, SC 29203

Phone: (803) 576-2570

Chief Magistrate: Judge Tomothy Clinton Edward

Court Hours: 8:30 a.m. to 5:00 p.m.

Charleston County

Charleston County Circuit Court

100 Broad St.

Suite 106

Charleston, South Carolina 29401

(843) 958-5000

Judges: Deadra L. Jefferson, Roger M. Young, Sr.

Court clerk: Julie J. Armstrong

Court hours: 8:30 a.m. to 5:00 p.m. Monday – Friday

Charleston Municipal Court

180 Lockwood Blvd.

Charleston, SC 29403

Phone: (843) 724-7460

List of Charleston Municipal Court Judges

Court Director: Lakesiya L. Cofield

 

Court Hours: 8:00 a.m. to 5:00 p.m.

Charleston County Magistrate Courts

Lonnie Hamilton, III Public Service Building

4045 Bridge View Drive, Suite B143

North Charleston, SC 29405

Phone: (843) 202-6600

List of Charleston County Magistrates

Court Hours: 8l30 a.m. to 5:00 p.m.

Call (864) 810-0384 or submit a free consultation request form today.

What are Possible Defenses to Assault and Battery in South Carolina?

There may be a number of legal defenses that you can assert when facing charges for assault in South Carolina. Because you have the benefit of the presumption of innocence, it is the government’s job to prove your guilt. Defenses may include showing that your conduct did not meet the legal definition of the crime, such as:

• You did not have the current ability to act – In situations when you are charged with the crime of assault and battery based on your threat to cause harm, it is a possible defense if you were unable to cause the harm you threatened based on the specific circumstances.
• You did not cause the required degree of harm – Even if you did cause injury to the victim, you may not have hurt him or her enough to meet the definition of the felony categories. For example, second degree assault and battery in South Carolina requires “moderate bodily harm,” such as a fracture, disfigurement, prolonged loss of consciousness or the temporary loss of the use of a bodily organ. If the injury was a bruise, cut or other minor injury, the prosecutor may not be able to prove you committed all elements of the crime.
• You did not touch the person in the way described under the law – If you are charged with assault and battery because of nonconsensual sexual touching, the prosecutor has to prove you met this definition. This involves showing that you touched the genitals of the person above or under clothing or the breasts of a female in a lewd and lascivious manner.

Another common defense to assault and battery charges is self-defense. You have the right to protect yourself, your family and your property, so if these things were threatened, you may have a viable defense against these charges. Other possible defenses include challenging the credibility of government witnesses and questioning the validity of evidence.

Call (864) 810-0384 or submit a free consultation request form today.

How Else Can Assault Charges Affect My Life?

Being convicted of assault in South Carolina can result in serious, lifetime consequences. In addition to facing possible imprisonment, you may also be charged expensive fines. You can acquire a criminal record that affects the rest of your life and impact whether you are employed at certain locations, where you can live and whether you will be approved for different benefits. Having an assault conviction on your record may also damage your reputation and make you appear like a violent person, even if you were not the one who initiated the incident or you tried to peacefully leave the scene. If you are embroiled in a custody dispute, an assault conviction may affect the outcome of this case or how much access you have to your own children.

How Can a South Carolina Criminal Defense Lawyer Help Me?

If you are charged with assault and battery in South Carolina, it is important that you consult with an experienced criminal defense lawyer who can review your situation, discuss the charges against you and identify the defenses that are available to you. Attorney Freddy Woods will get to work immediately on your case and look for ways to procure an early dismissal or to mitigate the charges against you. It is not uncommon for prosecutors to unnecessarily increase charges against defendants. If this has happened to you, Mr. Woods can determine if the felony charges you are facing should be downgraded to misdemeanor charges. He may be able to help you achieve a favorable plea bargain that reduces your charges or results in a lighter sentence. Mr. Woods will help you minimize the impact of being charged with assault and battery in South Carolina. Contact the Woods Law Firm to schedule a confidential consultation with an attorney with more than 20 years of aggressive legal practice. 

Get a free phone consultation today, call (864) 810-0384 or submit a free consultation request form.

The post 7 Questions About Assault Charges in South Carolina appeared first on The Woods Law Firm.

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If you are charged with arson in South Carolina, it is important to understand the nature of the charges against you, the possible penalties if you are convicted and the defenses you may be able to argue. Here are the top ten things to know about arson charges in South Carolina.

Call (864) 810-0384 or submit a free consultation request form today.

There are Multiple Legal Definitions of Arson in South Carolina

South Carolina categorizes arson as a first, second or third degree felony offense. First degree arson is defined under S.C. Code Ann. § 16-11-110 as willfully and maliciously burning, setting fire to, causing an explosion or causing a building, structure or certain property to be burned that results in death or serious bodily injury. If you help commit this crime – even if you weren’t the one who actually started the fire – you can still be charged with this offense.

Under the same section, second degree arson is defined as willfully and maliciously burning, setting fire to, causing an explosion or causing the burning of any of the following:

• A church or other place of worship
• A home
• A school
• A factory or warehouse
• A business
• A local or municipal building
• An institutional facility
• Any other structure designed for human occupancy

Again, if you help with this crime, you can be charged with arson, even if you didn’t set the fire yourself.

Third-degree arson is reserved for situations in which a person helps, advises or causes a burning of an aircraft, water vessel, vehicle or other personal property through fire or explosion.

Get a free phone consultation today, call (864) 810-0384 or submit a free consultation request form.

Penalties for Arson in South Carolina Are Serious

There are different potential penalties for arson, depending on the degree:

• First degree arson – A minimum of 30 years’ imprisonment
• Second degree arson – Between 3-25 years’ imprisonment
• Third degree arson – Imprisonment up to 15 years

You Can Be Charged with Arson for Burning Your Own Property

Arson is defined under South Carolina law as burning the property “of the person or another,” so even if you burn your own property, you can still be charged with this crime. Additionally, if you burned your own property in hopes of making a fraudulent insurance claim, you can face insurance fraud charges, which is another felony in South Carolina with stiff penalties.

For a free phone consultation, call (864) 810-0384 or submit a free consultation request form today.

There Must Be Damage for an Arson Conviction

One of the things that the prosecutor has to prove to secure a conviction is that there is damage caused by the burning. If you burned something and it did not cause damage, the definition of the crime has not been met.

The Fire Must Have Been Intentional and Malicious

If you accidentally caused a fire, this is not arson. The prosecutor has the burden of showing that you “willfully” (intentionally) and “maliciously” started the fire. This means you did it on purpose and for a bad purpose. If you simply accidentally caused a fire and it damaged property, this situation will not rise to the level of arson.

For a free phone consultation, call (864) 810-0384 or submit a free consultation request form today.

There are a Number of Courts that May Hear the Case

In South Carolina, the circuit court in the county where you are charged with the offense hears the case. The criminal division of these courts is called General Sessions. South Carolina has 46 counties with Greenville, Richland and Charleston Counties being the largest.

The main courthouses that deal with felony cases for the largest three counties are listed below.

Greenville County

305 E. North Street

Greenville, SC 29601

(864) 467-8551

Judges: Perry H. Gravely, D. Garrison Hill, Robin B. Stilwell, Letitia H. Verdin

Court Clerk: Paul B. Wickensimer

Court hours: 8:30 a.m. to 5:00 p.m. Monday – Friday

Richland County

Richland County Circuit Court

1701 Main St.

Columbia, South Carolina 29201

(803) 576-1950

Chief Justice: Jean Hoefer Toal (retired)

Court clerk: Jeannette McBride

Court hours: 8:30 a.m. to 5:00 p.m. Monday – Friday

Charleston County

Charleston County Circuit Court

100 Broad St.

Suite 106

Charleston, South Carolina 29401

(843) 958-5000

Judges: Deadra L. Jefferson, Roger M. Young, Sr.

Court clerk: Julie J. Armstrong

Court hours: 8:30 a.m. to 5:00 p.m. Monday – Friday 

For a free phone consultation, call (864) 810-0384 or submit a free consultation request form today.

If Facing Arson Charges in South Carolina, You Need Legal Assistance

Because the penalties for a conviction of arson in South Carolina are so serious, it is critical that you quickly retain qualified legal counsel as soon as you believe you are being investigated for the crime. Do not talk to law enforcement and try to explain what happened. They will do all they can to try to trick you into confessing. Do not speak with police or prosecutors without having a lawyer present. Politely refuse any request to speak with police. If you are arrested for arson in South Carolina, quickly contact an attorney experienced in defending clients against serious criminal charges, like Freddy Woods.

There May Be Several Defenses Available to You

One of the most important reasons why you need to speak with an experienced criminal defense lawyer is that he or she can determine the defenses that may apply in your case, given the specific circumstances of the case. In America, you have the presumption of innocence, meaning that the judge and jury must assume that you are innocent until the prosecution establishes otherwise. One common defense to arson charges is to show that the prosecution has not met its burden of proof. If the prosecutor cannot show that you committed every element of the crime by proof beyond a reasonable doubt, the judge or jury must acquit you.

Often, police or insurance companies may conduct only a cursory investigation into the fire and quickly conclude that it is arson. They may destroy evidence or fail to retain it, which might be able to prove your innocence. If someone said they saw you start the fire, this could be a case of mistaken identity.

For a free phone consultation, call (864) 810-0384 or submit a free consultation request form today.

A Fire Investigator May Be Necessary for Your Defense

The prosecutor must be able to show that the fire was caused by arson and not by some other cause, such as an electrical circuit overload, lightning or an accident. A fire investigator can investigate the cause of the fire and the circumstances surrounding it. These investigators may be retired firefighters or trained professionals who have a through understanding of how fires start, accelerants and the burn patterns that emerge from different causes of fires. Your private fire investigator may be able to provide compelling testimony that establishes the fire was not caused by arson or was not started in the way the prosecution has alleged.

The Woods Law Firm Can Help When You Are Facing Serious Arson Charges

If you are facing felony arson charges in South Carolina, it is imperative that you contact the Woods Law Firm for help with your case. We will carefully review your case to determine the defenses that may be available to you. We can also work to quickly mitigate the case by filing pre-trial motions to suppress evidence that was illegally obtained. We can also attempt to reach a favorable plea bargain in your case to reduce the charges so that you do not face the serious consequences associated with a felony charge and lifetime criminal record. Contact us today so that we can start building a defense on your behalf.

Get a free phone consultation today, call (864) 810-0384 or submit a free consultation request form.

The post 10 Fast Facts About Arson Charges in South Carolina appeared first on The Woods Law Firm.

Whether it’s spur-of-the-moment fight at the bar or a planned attack, the crime of assault and battery can take on many different forms. While many states separate assault and battery into two charges, the state of South Carolina combines them into one. Here’s what you need to know about the offense and its penalties in South Carolina.

Degrees of Assault and Battery

First of all, the crime of assault and battery focuses on the threat of injury to another person. You can be charged with the offense whether you try to injure another person, make a person reasonably fear that you’ll injure them, or actually cause an injury to another person.

Assault and battery is divided into four categories, which depend on the severity of the offense:

1.   High and Aggravated Nature (ABHAN): The offender caused great bodily injury—like the loss of a limb or an organ, or a serious injury that could lead to death.

    a.    A felony offense with a maximum prison sentence of 20 years.

2.    First degree: The offender injured or tried to injure another person or actually injured them. In addition, the assault involved non-consensual touching of the injured person’s private parts; OR the assault happened during a robbery, burglary, kidnapping, or theft; OR if the offender intended to cause great bodily injury in line with the definition of HAN assault and battery.

     a.    A felony offense with a maximum prison sentence of 10 years.

3.     Second degree: The offender threatened or caused bodily injury, causing the victim to require surgery or treatment of their internal organs as a result. A second-degree charge may also involve nonconsensual touching of the injured person’s private parts.

     a.     A misdemeanor offense with maximum jail time of up to 3 years and a maximum fine of up to $2,500.

4.     Third degree: The offender injured a person, attempted to injure a person, or made a person fear injury. This can apply to very minor injuries as well.

     a.     A misdemeanor offense with maximum jail time of up to 30 days and a maximum fine of up to $500.

As you can see, the greater the nonconsensual touching, the greater the penalties. If there is bodily injury, the injury can make an assault and battery charge more severe. The offense can also go up a level if committed with a deadly weapon, or something that can be used to kill.

Assault and battery on a police officer is another, more serious version of the crime, and it automatically comes with higher penalties. As a felony, it can lead to jail time of up to 10 years and a fine ranging between $1,000 and $10,000.

Next Steps After an Assault and Battery Offense

In cases involving injury against another person, there are a few different reasons why you might need a lawyer to help you through the next steps.

If you were the one who was injured, you may want to sue for damages in a civil court (as opposed to the criminal process). With the right representation, you may be able to get rewarded for medical bills, lost wages, and the costs of pain and suffering.

If you have been charged with assault and battery, it’s equally important for you to find a smart criminal defense lawyer to protect your rights. With the right approach, you may be able to avoid life-changing penalties like jail time, fines, and a black mark on your criminal record.

In either case, call The Woods Law Firm to be educated about this and other crimes and to know your rights. We will go above and beyond to make sure your case reaches a fair outcome. 

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When it comes to a crime, all crimes including federal state and misdemeanor crimes are held to a high proof standard. The prosecutor in the case has the burden of proof and must prove the person who is charged with a crime guilty “beyond a reasonable doubt.”  This is very high standard but the standard is so high that it often times affords the defendant a great opportunity to fight the charges and win. The strategy that a lawyer chooses to follow will have a significant impact upon the defendant’s ability to win or lose a case at trial. The defense attorney must also possess significant negotiation skills and know when is the right time to take a case to trial or reduce or eliminate a charge at each stage of the criminal process. It is important to obtain the right criminal defense attorney and law firm to represent you as early as possible in the process to ensure the best outcome.

The lawyers at The Woods Law Firm are skilled in trial , negotiation and have the experience and tenacity to put forth a great defense. We believe in outstanding results and we strive each day to put our clients and their case goals first in everything that we do.

In America, you should understand that you are completely innocent until proven guilty and it is the prosecution’s burden to PROVE you guilty of a crime, not your burden to prove yourself innocent. In fact, just because you are arrested that does not necessarily mean that you are necessarily going to be convicted of that crime after you have been to court and been given the due process of law. Since 1996, our criminal lawyers have represented thousands of clients in their court cases. We take the time to investigate each criminal law case fully and find options that work for our clients in order to get their cases reduced, dismissed or taken to trial. We are trial lawyers and constantly in the courtroom. In cases where we feel the client has been treated unfairly by the law, we take those cases to trial to ensure that justice is on their side. Remember, you have rights. Especially, the right to an attorney and the right to a truly fair trial.

There are generally 9 stages to a criminal case. The charges of Burglary, DUI, Armed Robbery, Possession with Intent to Distribute, and Possession of a Firearm are different types of criminal cases. While the actual details may vary from charge to charge, these are generally the 9 steps that criminal cases go through in the State of South Carolina. If you or a loved one is charged with a crime is very important to know what you are facing, below are our 9 Steps to A Criminal Case, review and if you have any questions, please feel free to call us at 864-810-0384 for a FREE Phone Consultation.

THE 9 STEPS TO A CRIMINAL CASE: THE PROCESS REVEALED

1st Step: ARREST

This means that you are arrested for a particular crime. You are then read their rights, including the right to remain silent, use it and ask for your lawyer. If you are arrested you will actually be placed in handcuffs and transported “somewhere” to detention center. That “somewhere” is the second place.

2nd Step: JAIL

You are transported to a jail or detention facility. You’re fingerprinted. You’re photographed. The image of being given a number to hold in front of you is the more traditional way that people sort of think about being booked in at the jail. It’s actually more expansive than that, You are fingerprinted, photographed and you have a number that you hold in front of you and you get the displeasure of having your face posted up online and the whole world knows that you’ve been arrested. Usually, those “mugshots” are put into an online catalog called mugshots.com, Booked, Jailbirds or some other less than flattering publication. Companies then place the image into one of several publications that publish mugshots of people and lists what crimes they have been charged with near their name.  This can also include your date of birth and address so that anyone who searches you can find it. We all know that it’s embarrassing and it’s frustrating for the person who is arrested. However, it can be embarrassing for their family too and may even result in the loss of your job and some important business and personal relationships. Most people want to avoid this step and want to never set foot back into a jail again.

3rd Step: BOND/BAIL

A bond or bail is an amount of money that you pay to the court, or a bondsman to be released. Bail is where you have to that amount to be able to get out of jail in the hopes and the promise that you’ll come back and defend your case in court or complete your case.  A bondsman will typically charge anywhere from 10 to 15 percent of the face amount of the bond as their fee to “sign” your bond for you. If you don’t come back to court, they will take it personally and come get you! There money is on the line and they will make a point of finding you.

4th Step: ARRAIGNMENT

An arraignment is a court proceeding where you have a criminal charge against you and they bring you before the judge and he or she says, “We have this criminal charge against you. How do you want to proceed? Do you plead guilty or not guilty and do you want to challenge it?” And of course you challenge it. You challenge it with a lawyer. It is not wise to plead guilty at an arraignment and most jurisdictions won’t let you. This proceeding is handled by the lawyer and the client says very little at this stage. Use your right to remain silent and let your lawyer speak for you at this stage.

5th Step: PRELIMINARY HEARING

This is a very important and often overlooked step in any criminal case. After you’ve been arrested you only have “10 DAYS” to request this hearing in South Carolina.  This is why it is important to consult with a lawyer as soon as you get out of jail, because this time limit is very strict. A good lawyer will request your hearing for you and preserve your right to this hearing immediately. This request is usually sent with the lawyer’s letter of representation and discovery (evidence) request package to the prosecutor or the officer.  At the preliminary hearing, the only question is whether or not there was probable cause to find that they should have stopped you in the first place. If you are were in a car and driving or if you were stopped on the street and arrested, they should have had a legal reason to stop you and that is that is to say that they should have had “probable cause” to believe that you’re committing a crime.
The state, through the officer’s testimony, must establish that there was probable cause for the arrest for the case against you to continue to proceed forward.

6th Step:  PRETRIAL CONFERENCE

This is the next step in the process. This is the opportunity to see if the case can be worked out before a trial date is set. Specifically, at the pretrial conference the lawyer has a chance to talk to the officer, to the prosecutor and also to the judge, in many instances. in this crucial court proceeding, it is determined whether or not the case will be going forward with a trial or a plea. If there are any negotiations for a lesser charge or sentence, it will first happen at this conference.

7th Step:  BENCH OR JURY TRIAL

We have a “jury trial” for a reason and that reason is to preserve justice.  If you don’t end up working it out on a plea, then you end up with a bench trial (trial in front of a judge only) or a jury trial. At that jury trial, there will be 6 jurors in a magistrate or municipal (little court) court case or 12 jurors in a general sessions (big court) case who are supposed to be fair and impartial jurors. A juror is supposed to hear all of the evidence presented by the attorneys and the prosecutors and to decide your fate. It is their collective and unanimous decision on whether or not you will only be found guilty or not guilty that determines your outcome. This is where the skill and experience of your attorney is best utilized and a where a good attorney can truly help you.

8th Step: SENTENCING

This is where your fate is decided.  The sentencing is not done by jurors; they just decide whether they believe you are guilty or not guilty, that is, whether or not they believe that you committed the crime or not. The sentencing phase is done by the judge. The judge, himself, or herself, will be able to say that, “Based on the jury finding you guilty, your sentence is X.”  The sentence they impose is within their own discretion within the range of acceptable sentences provided by law, including probation or immediate jail time.  If, however, you are found not guilty,  then the judge will allow you to walk away a free man or woman and the case is over.

9th Step: APPEAL

If you lose your case you have the right to an appeal. That is that you’ve been found guilty of a particular crime. You did not get to walk away free and be found not guilty. Usually, this would be the end of it, but if you’ve been found guilty of a particular crime you may decide to appeal the jury’s verdict at trial or appeal the sentence of the judge. In most jurisdictions, you have only 10 to 30 days to be able to appeal that conviction, depending on which jurisdiction you’re in, or to appeal the jury trial’s result, depending on what the jurisdiction you’re in. The appeal itself is a completely separate court case and can take months or years to resolve. During this time the person will remain in jail or may in rare cases will be granted an appeal bond and allowed to be out of jail pending an appeal, usually with electronic monitoring such as an ankle bracelet with a GPS fastened to their leg to ensure that the court knows where they are at all times. These are the general stage of a criminal case.  The attorney you choose helps you navigate this legal minefield to get the best result. So choose your attorney carefully. They have your life and your freedom in their hands. We take your life seriously and work hard to defend you. Call us at 864-298-8111 or contact us for a free consultation and find out how we can help you.

By Freddy Woods, Esq.

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Many people think that there are certain things to do or say that can help you at the moment that you are being arrested for a DUI, in actuality, what you don’t do or say is more often more important to your case.

1. Do not make any statements or admissions to the officers, investigators or anybody else affiliated with your prosecution.
2. Do not start talking to the police officer in a casual way about why you were out that day or night or what you were doing, nothing is off the record. In fact, the officer will tell you when he or she is reading your rights that “everything you say can and will be used against you in a court of law” so make sure you don’t say anything, even in the squad car.
3. Do not mistake kindness for lack of prosecution. The officer may be kind to you during the arrest, but during the court hearing they will seek to prosecute you for the crime of DUI, that’s their job.
4. Do not panic and “freak out” during the arrest. The arrest are often recorded on video and if you are standing in front of the officer’s car during the arrest, he or she is most likely recording everything you do. Remain calm and don’t do anything spontaneous or crazy.
5. Do not try to be your own counsel or tell the officer what the law is during the stop. There is a saying that goes” he who represents himself has a fool for a client.” It may or may not apply to you or your loved one who has been arrested but it is definitely better to have help than to try to navigate the legal system alone. The officer may listen to your legal knowledge on the side of the road but he or she is doing so to undermine your case and make themselves appear as the professional ones. The court system does not work like the “Law and Order” TV Show in real life. The real court system can be confusing and messy to a first timer or novice, so don’t make mistakes where you suffer if you are wrong. Get legal help, get a lawyer to watch your back and champion your case at court.
6. Do not submit to the field sobriety tests, you may respectfully decline to take the tests. Why? The field sobriety tests are three standardized field tests that the officer uses to determine if you are drunk, according to their own opinion.  The field sobriety tests are NOT something that you can “PASS” and be on your way. The officer is hoping to see you fail miserably on camera to justify his or her decision to arrest you. If you are going to be arrested in that moment, you will be arrested. Stay calm and respectful but don’t submit to any tests.
7. Do not submit to the breathalyzer test on the side of the road or at the jail. In this state, the officer is required to have an “observation period” which is generally a 20-minute waiting period where they sit you in a room, with a camera rolling above you to wait before you take the official breath test. Why? The officer can observe you on film and use this evidence against you during the negotiations and during the trial of your case to see how you look on camera. This video is a powerful tool that helps them secure more convictions. If you are quiet and sit still with your head down, there is no evidence to say that you were doing anything other than waiting for this video period to be over, hence the prosecution has less evidence against you to work with.
8. Don’t forget to listen to the Miranda rights if they are read to you. The first right is “you have the right to remain silent.” THIS IS A RIGHT, meaning that you are not offending anyone by remaining silent, you have that right under the law so use it to be quiet and not give the officer and/or the prosecutor anything to use against you at court.
9. Do not tell anyone at the jail about your day or night. Inside the holding area where people are kept before they go to their bond hearing, there is a tendency for other people to talk to you and ask you questions. Please remember that you are in the jail so that you can leave and never come back, you are not there to make jail house friends, the cell is not your home.
10. Do not beat yourself up with guilt. There are courthouses in every county in every state, some are beautiful and large buildings. This means that you are not the only one that has been accused of a crime, millions of people are accused of crimes every year. Give yourself a break and don’t add to your own stress with self-pity. Get out of jail, go home and get some sleep because you have it had it rough for the past day, wake up and call us to help you, we will take it from here so you can rest easier.

GET THE ANSWERS TO YOUR QUESTIONS- CALL US TO GET A FREE PHONE CONSULTATION AND DISCUSS YOUR CASE

864-810-0384

THE WOODS LAW FIRM

“JUSTICE ON YOUR SIDE”

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If you are even a light or social drinker, most adults who frequent bars must at least internally admit that they have driven while impaired at some point in their lives. Many people do it on the weekends and mistakenly believe that they are “ok” to drive, but how do you know? The legal limit is a .08 in South Carolina, but most drivers don’t know what constitutes a high or low BAC level or what goes into the calculation.  The purpose of this article is to give you some insight on how a blood alcohol concentration rating is calculated in simple terms and what it takes to be .08 or legally drunk in South Carolina. Also, another purpose of this article is let you know what happens when you get drunk and what happens inside your body before you are ever stopped by a police officer. To start, let’s answer some basic questions.

WHAT IS A BAC ANYWAY?

BAC refers to “Blood Alcohol Concentration” and it is a measurement used to determine impairment or to essentially figure out how drunk you are.  The amount of alcohol in a person’s body is calculated by determining the weight of the alcohol in a certain volume of blood. That weight is called BAC (Blood Alcohol Concentration).

WHAT DETERMINES OR AFFECTS MY BAC?

How high or how low your BAC is may be determined by a combination of contributing factors. The more you drink, the higher your BAC level. The faster you drink, the higher your BAC level. Generally, women get drunk faster than men who consume the same amount of alcohol because women generally have less water and more body fat than men. However, in terms of weight, the more you weigh, man or woman, the more water is present in your body. The water in your body dilutes the alcohol which lowers your BAC, so it takes more time for people who weigh more to get drunk than people who are skinny or weigh less. Also, if you have had something to eat, the food in your stomach will slow the rate of alcohol absorption and it will take longer for you to get drunk.

DOES ONE TYPE OF DRINK OR SHOT I TAKE GIVE ME A HIGHER BAC LEVEL THAN ANOTHER TYPE?

Actually no. Alcohol is Alcohol and the type of drink does not matter. The amount of alcohol consumed matters. A normal drink (from a bartender that does not have a heavy hand) is roughly half of an ounce of alcohol or .54 ounces. This is the same amount of alcohol found in one shot of liquor, one 12 ounce beer or one 5 ounce glass of wine. You may not have a good tolerance for tequila vs vodka but to the body, the alcohol is the same.

DO PERSCRIPTION DRUGS AFFECT MY BAC LEVEL?

Yes. The alcohol content for the BAC will not change but how you feel while on your medication will affect you driving and impair your ability to drive.  Therefore, people who are under certain medications may feel drowsy or sleepy and their driving may be adversely affected. Medications may also affect your clarity and impair your judgment which can lead to driving mistakes and alcohol-like symptoms which can lead an arresting officer to feel like you were drunk driving. Often times, while medications may be present in the bloodstream, the BAC level may be 0.00 and not show the presence of the medication unless a blood test is administered. The DUI legal statute says that impairment is based upon drugs and/or alcohol so you can still be charged with a DUI.

HOW DO I KNOW IF I AM TOO DRUNK TO DRIVE?

There are many things which interact to affect your BAC level. The easiest answer is anytime you are drinking you do not need to drive because you potentially represent a danger to yourself and others on the road. So the easy answer is, don’t drink and drive. It is important to know that even a little bit of alcohol may cause you to drive impaired and even though you may feel fine and ok, your ability to know if you are okay is substantially diminished. The only thing a person may know is that they feel a buzz, but driving buzzed is driving drunk so don’t drink and drive.

SO HOW MUCH ALCOHOL IS THERE IN A PARTICULAR TYPE OF DRINK?

There are many reports that are done by universities and hospitals which can tell you in exhaustive detail what should happen at a certain BAC level. In South Carolina, the most detailed report I can find currently was done by Clemson University and published through their Redfern Health Center. There are differences between women and men and the effect that alcohol has on them. There are also differences in how a person responds to alcohol, some people become violent or uncontrollable, while others become subdued or sleepy. This chart, prepared by Clemson University, shows what the average BAC levels are for men and women based upon their body weight after a certain number of drinks over a period of hours:

According to Clemson University and other published reports, certain ounces of a particular beer or spirit equal certain amounts of alcohol. The alcohol is the agent that gets you drunk. Here is their guide below:

Factors that determine BAC

• • Number of standard drinks (see below)

• • Amount of time in which drinks are consumed

• • Body weight

• • Gender

• • Food (to a much lesser extent)

One standard drink = 1/2 ounce of ethyl alcohol

• • One 12 oz. regular beer (4.5 percent alcohol) = .54 oz.

• • One 7 oz. malt liquor (7 percent alcohol) = .49 oz.

• • One 4.5 oz. glass of wine (12 percent alcohol) = .54 oz.

• • One jigger (1.25 oz.) of 80-proof liquor (40 percent alcohol) = .50 oz.

• • One-third jigger (.5 oz.) of Everclear (95 percent alcohol) = .48 oz.

More than one standard drink > 1/2 ounce

• • One 16 oz. cup of beer = .72 oz. = 1.4 drinks

• • One 40 oz. beer = 1.8 oz. = 3.6 drinks

• • One 22 oz. malt liquor = 1.5 oz. = 3 drinks

• • One 12 oz. glass of wine = 1.4 oz. = 2.9 drinks

• • One 12 oz. margarita = 2-4 drinks, depending on ingredients

• One 12 oz. cup of trashcan punch = 4-10 drinks, depending on ingredients

(Credit: Clemson University)

HOW DRUNK DO I GET OVER TIME?

The human body is like a sponge when it comes to alcohol. The longer you leave a sponge in liquid, the more liquid is soaked up.  The same is true for alcohol in your body. Also, over time, a smaller portion of the alcohol evaporates or in the case of the body is diluted causing a small drop in the BAC level as the hours go by.  Remember that the general rule is that the heavier you are, the more water that you have in your body so the longer it takes for you to get drunk. Also, men and women process alcohol differently in their bodies.  

THE ART AND SCIENCE OF GETTING DRUNK

It really doesn’t take a lot for your body to be affected by alcohol and cause you to make a bad decision and drive impaired. There is actually a science to what happens when you get drunk. Again, there is an exhausting amount of information on the subject and science of intoxication.

In layman’s terms, when you drink a drink it passes your lips and goes down into the esophagus, through the stomach and into the small intestine.  The bloodstream then distributes the alcohol throughout the body where it is partially absorbed. The part that is not absorbed, aka “metabolized” is disseminated throughout the body causing you to feel buzzed and eventually drunk. The liver then kickstarts the process to remove the toxic alcohol and what it cannot remove starts being present in your sweat,  breath and urine. The kidneys then start to work moving liquids to your bladder which causes it to fill up and give you the urge to urinate quickly, causing dehydration in the process by taking water from the brain and vital organs, which also gives you a pounding headache and an awful hangover. When you finally wake up after going to sleep or passing out you feel as if you have been sucking on cotton balls in the desert, promising yourself that you will never do that again, unless of course the weekend comes before never arrives.

In conclusion, we have learned some very important things today, like don’t drink and drive, you can get drunk really quickly and its never worth it the next morning.   The costs far outweigh the benefits of that nice drink if you plan to drive afterward. If you have had anything to drink, before you drive, call UBER, a taxicab or have a friend on speed dial under the heading “ I’m Drunk.”  If you ignore this sage advice and dangerously try to go it alone and those proverbial “only two beers” that you have cause you to see blue lights and America’s best officer in your rearview mirror, pull over and relax, for at least now you know what is happening inside your body. Be personable, use your right to respectfully refuse all tests, including the breath test and roadside field sobriety tests and exercise your constitutional right to remain silent. When you get to make a phone call from jail, call us, we will take it from here.

(Part 2 in this series is “What to do when you are stopped by an officer and suspected of drunk driving). We have other articles published on our website at www.thewoodsfirm.com or at www.dui-trafficlawyer.com Thanks for reading and call us at 864-8100-DUI if you have any questions or need help with a case, we are happy to help.

(Attorney Freddy Woods is an accomplished criminal defense and personal injury attorney with over 20 years experience based in South Carolina. He has appeared on TV and radio and writes for a number of publications. Mr. Woods regularly speaks and lectures on the subjects of DUI, the criminal justice system, auto accidents and personal injury litigation. Visit his website at www.thewoodsfirm.com or call his office at 864-298-8111 or 864-8100-DUI if you need assistance with a legal matter in the State of South Carolina.)

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