Is South Carolina's death penalty unconstitutional? A SC judge has held that execution by firing squad and execution by electrocution violate SC’s Constitution, although the court’s Order does not invalidate execution by lethal injection. The court cites many reasons for the unconstitutionality of execution by firing squad or by the electric chair, but the most ...
A preliminary hearing in SC is a “probable cause” hearing where a magistrate will decide whether there was probable cause for your arrest. If there was no probable cause for your arrest, 1) you should not have been charged in the first place, and 2) the magistrate should dismiss your charges at your preliminary hearing ...
Can you be charged with DUI while sleeping in your car in SC? In some states, the answer is yes you can. Under SC DUI law, however, the state must be able to prove that you were driving while intoxicated – sleeping, listening to the radio, sitting in your car with the heater on, or ...
What are the self-defense laws in SC, and does SC have a “stand your ground” law? Although these are issues that we raise as defenses in criminal trials for murder or assault charges, every person needs to know and understand the rules for self-defense in their state. If you know the rules and follow them ...
Mutual combat in SC can be a confusing subject – I’ve had people ask me several times, “is mutual combat a defense in my case?” The answer is no – mutual combat in SC is not a defense. If you get into a fight with someone and it’s mutual, with both sides willingly participating, that ...
FOIA requests can be an invaluable source of information in SC, although it is sometimes an uphill battle getting government agencies to turn over documents and information… In this article, we will look at the basics of FOIA requests in SC, including: The types of information you can get under the Freedom of Information Act ...