Stay calm.

No matter what you see or hear, you need to remain calm. You may make the difference between life and death for the parties involved, and you need to stay alert and clearheaded.

Call  911, and make your way to the scene.

Your first priority is to the victims, so get to the scene as quickly as possible. If you’re driving, make sure your car is out of the way, and turn on your emergency flashers to help the police find you. Call 911 as you walk over so help is on the way. The 911 operator will likely keep you on the line and help you stay calm and aid the victims until the police and / or ambulance arrive.

If the accident is a hit and run, the at-fault driver may attempt to flee the scene. Read the license plate number and a description of the car to the operator.

If victims are milling around, ask them to sit and wait for help. You may need to help them calm down, so speak with them slowly, with a soothing voice. They may be in shock or frightened.

Assess the scene for possible danger.

Quickly survey the scene for immediate danger to yourself and to the victims. For example, if you witness a car accident and one of the cars is on fire, you may need to clear the area around it. Tell the 911 operator what you see, and he or she will guide you.

Approach the victims carefully.

Talk to the victims as you approach them. Quickly assess their injuries, and alert the operator. He or she will tell you what to do. If you have a non-responsive victim, the operator may ask if you wish to try CPR. South Carolina’s Good Samaritan law absolves you from civil damages if you render emergency care, gratuitously and in good faith, at the scene of an accident.

Try not to disturb any evidence.

It can be difficult to know what is evidence and what isn’t, so just do your best to disturb as little as possible. Certainly, if a car is overturned, you’ll want to look inside to see who is in there, but just be careful to touch and move as few things as you can.

When the police arrive, tell them everything you remember.

You’re a vital link to the case and to the outcome of any charges that might be filed. Tell the police as much as you can, but don’t speculate or assume anything. Stick to the facts, as you know them.

For more information on South Carolina law, visit our Resources page.

Sexual assault charges may be filed for a number of reasons, and can be filed on behalf of adults or children. In fact, these charges are alarmingly common in divorce cases, especially those with contentious custody battles. One thing that you need to understand is that sexual assault cases are strenuously prosecuted, and rightly so. You would want a rape or criminal sexual conduct that was perpetrated against you or a family member to be prosecuted to the fullest extent of the law. However, when the charges are false, zealous prosecution makes it even more difficult to defend these types of cases.

Do not talk to the police before you retain an attorney.

The police are not on your side, and they do not want to help you, no matter what they may say. Do not tell them anything until you have a rape lawyer by your side.

Find the right criminal defense attorney Charleston SC locals trust.

When you hire specifically a sexual assault or rape defense lawyer, make sure that he or she has plenty of experience and expertise in this type of case, and ensure that they have the investigative resources to adequately defend you.

Keep your cool.

Being falsely accused of sexual assault is infuriating, shocking, and demeaning. You are understandably angry and upset, but you need to stay calm and focused. You can help your lawyer to defend you by being completely honest about the situation and your history with the alleged victim.

Understand that the justice system may not be fair to you.

Sexual offenses are considered especially monstrous, and everyone involved wants to see someone put away for the crime. That someone with the target on the forehead is you, and you need to be wary of the system and let your attorney do his or her job.

Do not talk to anyone about the case without your lawyer present.

The prosecution and your alleged victim, as well as his or her family and friends, are watching you. You cannot talk to anyone about the case, not even your own family and friends, without your lawyer present. Don’t even joke about it. The prosecution can subpoena anyone it chooses, and you do not want anyone else getting involved or telling the court anything you’ve said.

If you’re accused of rape, criminal sexual conduct, or sexual assault, find a lawyer immediately, and keep quiet.

Public intoxication is a misdemeanor, and a conviction will stay on your record and appear on a criminal background check. A conviction could limit or jeopardize your future education, employment, and housing options. Expungement is not allowed for a public intoxication conviction, and a previous conviction may be used to enhance any later alcohol-related convictions or penalties.

Not only is public intoxication a possible charge if you’re seen exhibiting the classic signs of intoxication—such as slurred speech, glassy eyes, or stumbling—in a public place, but per city or county laws, you could also be arrested and charged if you’re drinking in a public place that doesn’t allow it, such as a park or church.

Often, law enforcement assumes that people arrested for public intoxication will simply pay the fine or serve the jail time, so they may not always follow proper arrest procedures. In addition, sometimes arrests occur without substantial or sufficient evidence. Officers are given wide latitude for determining whether you should be arrested.

If you are arrested, be sure to observe and remember as much as you can about the arrest procedure as it occurs (have others witness the arrest, if possible), and do not talk to anyone or answer any questions until you contact a public intoxication attorney. You may be required to serve some jail time, and a cash bond will be required before you’re released.

If you hire an experienced and competent attorney, he or she will protect your rights and do everything possible to negotiate with the prosecuting attorney and dismiss the charge or plead it down to a lesser charge that can be expunged. However, you need to hire the attorney as soon as possible to give him or her the best chance of helping you. If your arrest has already occurred, call an attorney and have him or her evaluate your case.

Have a question about public intoxication? Click here to contact Uricchio Law Firm.

South Carolina law defines criminal domestic violence as offering, attempting to cause, or causing “physical harm or injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.” Household members are defined as “a spouse, a former spouse, persons who have a child in common, or a male and female who are cohabiting or formerly have cohabited.”

In addition, South Carolina elevates criminal domestic violence to the crime of “criminal domestic violence of a high and aggravated nature” if a deadly weapon is involved, the incident results in serious bodily injury, or the incident “reasonably causes a person to fear serious bodily injury or death.”

If convicted of criminal domestic violence, the first and second offenses are misdemeanors and result in fines of $1,000 up to $5,000 and jail time ranging from 30 days to one year. If the offender completes a domestic-violence treatment program, these penalties may be reduced or suspended—except for the mandatory minimum thirty-day jail sentence on a second offense.

A third conviction of criminal domestic violence is a felony, and the offender must be jailed for a minimum of one year. Any conviction in another state of a crime similar to criminal domestic violence of a high and aggravated nature within the preceding 10 years counts as a prior offense in South Carolina. If you have previous domestic violence conviction, you need a South Carolina criminal defense lawyer to assist you in reducing the impact of that offense.

Any conviction in South Carolina of criminal domestic violence of a high and aggravated nature is a felony punishable by a minimum of one year in jail.

Law enforcement officers have the right to execute a warrantless search and arrest if they have probable cause to believe the person is committing or has just committed criminal domestic violence. Violating the terms of an order of protection related to domestic violence, including an order issued in another state, is a misdemeanor and will result in jail time and a fine.

Statutes governing criminal domestic violence can be found at SCStateHouse.gov.

Whether you live in Hanahan, Summerville, or North Charleston, if you have been accused of criminal domestic violence and need legal representation by an experienced South Carolina criminal defense attorney, contact us today.

Medical malpractice is defined as any course of action or treatment that deviates from accepted care standards and causes injury or harm to the patient. It occurs more often than many people realize, and as South Carolina medical malpractice attorneys, we have the knowledge and experience to help determine if you have a valid claim.

If you have a medical malpractice case, we will file it for you and fight for your rights—but we need to hear from you in a timely manner In South Carolina, the statute of limitations for medical malpractice or negligence varies depending on the age of the patient, so the sooner you seek a medical malpractice lawyer, the better.

In determining whether medical malpractice has occurred, we look at several factors, including whether the medical professional or healthcare facility was negligent and caused injury that resulted in damages, such as time lost from work, disability, and death.

Possible examples of medical malpractice include . . .

• Delayed, incorrect, or improper diagnosis, especially if it leads to delayed or improper treatment.
• Failure to diagnose or failure to treat.
• Failure to obtain informed consent. A signed consent form does not absolve the facility or provider from malpractice if accepted standard of care is not met.
• Obstetrical or delivery room malpractice, including birth injury.
• Neonatal and pediatric malpractice.
• Negligence in performing surgical procedures, including errors in administering anesthesia.
• Failure to follow up appropriately.
• Failure to monitor or patient abandonment.
• Prescription or medication administration errors.

While not every negative medical outcome is the result of malpractice, we have the resources and experts to analyze your situation—no matter how complex it may be—and to aggressively pursue a legal remedy.

If you’re uncertain whether you’ve been the victim of medical malpractice, contact us today, and let a medical malpractice attorney determine whether you have a claim.

First, as DUI lawyers in South Carolina, let us say that you should never drink and drive. If you go out, have a designated driver—or if you do have too many drinks, call a friend or taxi to take you home. However, if you’re arrested on suspicion of DUI or DUAC, take the following steps to give your DUI attorney the best chance of defending you.

Before anything happens, know which lawyer you would call, and do it as soon as possible.

Put a South Carolina DUI attorney’s number in your cell phone, and make sure your family members have the number also, just in case. Better to have it and never need it than to need it and not have it.

Be aware that the entire arrest must be videotaped.

While there are exceptions to this requirement, generally speaking from the moment you’re pulled over until you’re on your way to the police station, the arrest must be videotaped. This includes the Miranda Warnings, the entire testing procedure, and a 20-minute observation period. The police must perform and tape the breath test within two hours of pulling you over.

While you may be experiencing a variety of emotions during this process, our best advice is to remain polite and cooperative.

Remember that you have the right to remain silent.

You are not required to answer any questions that a police officer asks you. Your right to remain silent cannot be held against you, but if you speak and seem to be slurring your words, that can be used to convict you. Further, it is never a good idea to be rude or threatening towards an officer. This type of behavior only further complicates future negotiations.

Know that you have the right to refuse roadside sobriety tests. 

Field sobriety tests can be extremely difficult for even sober individuals to perform correctly. This is especially true if you have a medical condition that hinders your capabilities. The time of day, location and terrain of the incident site can all further impact your ability to successfully complete these test.

A refusal to take a field sobriety test may not be considered disobeying a police command.

Understand the consequences of refusing a breathalyzer.

You have every right to refuse to blow into a breathalyzer, but as South Carolina is an implied consent state, your license will be automatically suspended for six months if you refuse. There are, however, alternative license options available that your attorney can further explain to you.

Even if you’re too nervous to remember all of these tips, taking just one or two will help your SC DUI lawyer defend your case.

Experience and expertise

An arrest can haunt you for the rest of your life, so you need an attorney who can successfully challenge criminal accusations. Especially if you are facing severe penalties, high fines, or jail time, you want a Charleston criminal defense attorney who has extensive experience in the type of crime you have been accused of. He or she will be an expert in case law, precedent, and how to best defend you against the charges.

When you meet with a prospective lawyer, ask how many cases like yours he or she has handled and how many were successful. If you sense hesitation, or the attorney has not handled as many cases as you feel comfortable with, look for a different attorney. However, if money is an issue and your prospective attorney is part of a firm with plenty of experience, he or she will have the firm’s expertise backing him or her. Often, less-experienced lawyers are more affordable than their firm’s partners are.

Full spectrum of representation

You want an attorney who is just as skilled at bond reduction as he or she is at a jury trial. Your law firm should be able to successfully handle your case from arrest through expungement.

Excellent investigative skills

Your attorney should have investigators who are highly trained in collecting evidence in your defense. If a prospective attorney doesn’t mention investigation on your behalf, look elsewhere.

Aggressive defense attitude

You want your criminal defense lawyer to fight for you as if he or she were the defendant. If you meet with a prospective attorney and don’t feel a sense of urgency and aggressive protection of your rights, he or she is not for you.

Available 24/7

Not everything in life happens during business hours. Your South Carolina criminal defense attorney should be willing and able to meet with you when you need him or her, and let you know that when you retain him or her.

We know that justice can be elusive for those accused of a crime, guilty or not. We do not tolerate abuses of power, and we will not hesitate to act aggressively defending your rights. Whether you have been accused of criminal domestic violence, criminal sexual conduct, shoplifting, or DUI / DWI, we will aggressively defend you. No matter where you live in the Charleston area, whether it’s Isle of Palms, Summerville, or Folly Beach, we uphold your rights and ensure the law treats you fairly.

Have questions about criminal defense? Contact us today.

Dismissal of case or not guilty verdict

Under the law, if a case is dismissed or if a defendant is found not guilty, all the records related to the arrest and booking are destroyed. This includes mug shots, fingerprints, and jail records.

First offense conviction in municipal or magistrate’s court

Three years after conviction of a first offense in a municipal or magistrate’s court, an offender may ask for expungement of arrest and trial records. However, if the offense involved domestic violence, motor vehicle, or fish, game, and watercraft, an expungement is not allowed. The defendant must have no other conviction during the three-year period, and expungement is allowed only once.

First-offense simple marijuana possession

If a first-time marijuana-possession offender is sentenced to a “conditional discharge,” he or she may ask for expungement after completing all court requirements. This is for simple possession offenses only, and after expungement, the offender does not have to admit or acknowledge the offense to anyone, including law enforcement or the judiciary. A good marijuana lawyer can ensure your record is expunged if you’re eligible or minimize the damage of your possession charges if you’re not.

Non-felonious check fraud

If a defendant has no other convictions in the year after a first-offense conviction of check fraud, he or she may apply for expungement. However, this does not apply to felonious check fraud, which is drawing any check or draft valued over $5,000, and only one conviction may be expunged.

Successful pre-trial intervention for first-time offenders

For first-time, non-violent offenders, South Carolina law provides for pre-trial intervention, a diversion and restoration program that may include payment of restitution or performing community service. After the pre-trial intervention has been completed, the offender may petition the court for an expungement order. This will effectively erase the offense, and the person does not have to acknowledge the offense later, even if under oath in court.

When South Carolina criminal records are expunged, no evidence remains of the offense, and often defendants cannot be charged with making a false statement if they do not acknowledge or admit the expunged offense.

To learn more about expungement of criminal records in South Carolina, click here.

In South Carolina, it is illegal to drive while under the influence of alcohol and / or drugs. The drunk driving laws are complex and the fines are expensive, so if you’re arrested for DUI, you should contact a criminal defense lawyer as soon as possible after arrest.

Blood Alcohol Content

The blood alcohol content (BAC) threshold for driving with an unlawful alcohol concentration (DUAC) is 0.08% and for DUI is 0.10%, and anyone arrested for DUAC or DUI faces the risk of losing their driving privileges in addition to paying fines and attending the Alcohol and Drug Safety Action Program (ADSAP).

Implied consent and License Suspension

By operating a motor vehicle in South Carolina, you consent to submit a sample of breath, urine, or blood to test for alcohol or drugs. You can refuse the test, but that triggers an automatic license suspension for six months. In the event you submit to the test, and it is determined that your BAC is 0.15% or higher, your driving privileges are automatically suspended for 1 month.

There is an opportunity to challenge a suspension, however, by filing for an Administrative Hearing within 30 days of the suspension date.

During the time your regular drivers license is suspended, there are a variety of alternative driving license options available depending on the individual and the circumstances surrounding the case. This is another important reason to contact a South Carolina DUI attorney immediately for representation, should you find yourself in this situation.

Videotaped observation period

South Carolina law requires the arresting officer to videotape a defendant’s conduct at both the DUI arrest and breath test sites. There are numerous requirements for these videos. For example, the incident site recording must begin no later than the activation of the officer’s blue lights and include any field sobriety tests as well as the person being advised of their Miranda rights. At the breath test site, South Carolina law mandates that the entire test procedure be recorded, including a 20-minute observation period.  Of further importance, any breath sample must be taken within two hours from the time of arrest.

Although there are special exceptions that allow officers to deviate from the videotape requirements, they are limited and specific. Therefore, an officer’s failure to comply with the videotape procedures may often result in a case dismissal.

DUI penalties

A first offense can result in a fine up to $1,000.00 and imprisonment for up to 90 days. A second offense can warrant a fine up to $6,500 and up to three years in jail.  A third offense penalty include a fine of up to $10,000.00 and up to five years in jail. A fourth or subsequent DUI is a felony and carries up to seven years in jail.

Repeat offenses and Interstate Driver’s License Compact

A second DUI in any 10-year period is a repeat offense. A fourth DUI conviction is a felony no matter when or where the other three convictions occurred. South Carolina reports convictions to other states through the Interstate Driver’s License Compact, an agreement among 45 states to report convictions and actions taken against drunk drivers. Every state agrees to reciprocate, meaning that the action taken in one state against a driver will be taken in any other Compact state.

As with any other criminal defense matter, contacting a DUI lawyer as soon as possible ensures your rights are protected.

Problems arise when insurance companies minimize the severity of your injury or disability to pay you as little accident compensation as possible. Know your rights and responsibilities if you have a workplace accident.

Report your accident immediately.

Talk to your supervisor and follow any procedures your employer has regarding accident reporting. Do whatever you can to report it in writing, if your employer does not require it. This could be in the form of an email or letter, and be sure to keep a copy with proof of delivery.

Know where to go for treatment.

When you have a workplace accident with injury, you are usually required to visit the employer’s designated medical provider. Be sure you know who that provider is.

Consider consulting a workers’ compensation attorney as soon as possible.

Your employer’s insurance company will use any means necessary to pay as little as possible, including hiring attorneys and adjusters. You’ll be at a significant disadvantage unless you hire your own workplace accident lawyer to fight for your rights. You do have a right to request a hearing if you are not satisfied with the accident compensation you receive, and having a lawyer present will increase your chances of winning the case.

Determine whether any third parties are involved.

Your workers’ comp attorney will ask you about any third parties that may have been involved in your accident, such as contractors or equipment manufacturers. Be as detailed as possible when describing the accident to your lawyer.

Know what happens to your income if you go back to work part time or must stay home.

After you’ve been treated, your next concern is your income. If you cannot work, you may be entitled to receive wage compensation while you are off work, no matter who was at fault in your accident. Often, you will be offered less than you deserve, so be sure to check with a worker’s compensation lawyer before accepting any offer from your employer or its insurance company.

Make sure your dependents are familiar with how workers’ compensation works.

In the event you are incapacitated or killed in a workplace accident, your dependents need to know their rights so they receive fair accident compensation. Share this blog post with them so they know what to do, just in case.

If you have been involved in an accident at work, you need a workplace accident attorney who will fight for your rights. Your employer’s workers’ compensation insurance company will do everything in its power to pay you less than you deserve, so level the field with your own representation.

For more information on steps to take after experiencing a workplace accident, click here.