Blackwelder Law, LLC Blackwelder Law, LLC 2026-03-12T19:07:24Z https://www.blackwelderlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1303203/2019/08/BlackwelderLogo-150x150.png On Behalf of Blackwelder Law, LLC <![CDATA[Assault charges: When can you claim self-defense?]]> https://www.blackwelderlaw.com/?p=64638 2022-10-17T05:42:38Z 2022-10-20T05:41:41Z the legal threshold required. Otherwise, your actions may amount to assault, and you may have to deal with the legal consequences. Here is what you need to know about a self-defense claim if you are charged with assault in South Carolina.

The threat must be immediate and reasonable

Would another reasonable person perceive danger or threat of harm? You must have sufficient grounds to claim the use of force in self-defense. A verbal attack, in most cases, is not enough to warrant the use of force.

Your response to the threat matters

To claim self-defense, you must have reacted at the precise moment the attack or threat happened. If you react a while later, your actions can be considered retaliatory rather than defensive. In addition, your use of physical force should only last as long as the threat of attack. For instance, if you immobilize the attacker and the threat no longer exists, you cannot claim you were acting in self-defense.

Your actions must be relative to the level of threat

Your use of force in reaction to the perceived danger or threat should not be excessive. A self-defense claim could fall apart if there was a minimal threat and the risk to your well-being low, but you used deadly force to defend yourself.

Preparing your defense against assault charges

A conviction for assault and battery charges means a criminal record and other legal penalties. Therefore, it is advisable to mount a serious defense that will increase your chances of a desirable outcome. Understanding the nuances involved and how the criminal justice system works is crucial when facing violent crime charges. If you’re facing charges, call an experienced criminal defense attorney.]]> On Behalf of Blackwelder Law, LLC <![CDATA[What everyone needs to know about the plain view doctrine]]> https://www.blackwelderlaw.com/?p=64636 2022-10-14T08:27:18Z 2022-10-19T08:25:52Z When can items in plain view be taken? Three key requirements must be met for an item to be considered in plain view and for it to be admissible as evidence under that doctrine:
  • Inadvertence: It must be visible without someone having to actively look for it. For example, this could be something sitting out on a table in your entryway that officers see immediately as they enter your home.
  • Probable cause: Officers need to have a reasonable belief that the item is tied to a crime. An obvious example would be something that looks like illegal drugs (whether they are or not).
  • Prior valid entry: An officer must have entered either because they have a search warrant, because they were invited in or due to “exigent circumstances,” which is when an officer has reason to believe someone is in immediate danger or is destroying evidence of a crime. Valid entry, according to the S. Department of Justice (DOJ), is the “absolute prerequisite for plain view.”
Police can also search your car without first obtaining a warrant as long as they have a “reasonable belief” that evidence of a crime is inside. Naturally, if police are searching your property, you may be too startled or nervous to determine whether they’re doing everything correctly or not. An experienced criminal defense attorney can help ensure that your rights were not violated and that no evidence is used against you that wasn’t legally obtained.]]> On Behalf of Blackwelder Law, LLC <![CDATA[The potential penalties for cocaine charges in South Carolina]]> https://www.blackwelderlaw.com/?p=64633 2022-10-04T18:26:07Z 2022-10-07T18:25:22Z When it comes to cocaine use and trafficking, South Carolina may not be the first state that comes to mind. However, it’s still a serious problem in the state, so authorities have taken a hard stance against it.  If you are caught with cocaine, the potential penalties you face are severe. Understanding these penalties will help you know what to expect if you are arrested for cocaine possession, distribution or trafficking. 

Penalties for possessing cocaine

In South Carolina, possession of 10 grams of cocaine results in misdemeanor charges that carry fines of up to $5,000 and up to two years in prison if convicted. Each subsequent offense and conviction come with more serious fines and jail time.  Additionally, if you are caught with more than 10 grams of cocaine in your possession, it is no longer charged as “possession.” Instead, you will face “intent to sell or distribute charges.”

Penalties for selling cocaine

If you are caught selling cocaine, the potential penalties for a conviction include fines of up to $25,000 and up to 15 years in jail. The penalties are more severe for subsequent offenses and if you are caught selling the drug within the vicinity of a school.  It is important to understand that cocaine is not only illegal on a state level. It is also illegal federally. That means your case could end up in federal court, where the penalties can be even more serious than state law permits. Due to how serious cocaine-related charges can be, you must take steps to know and protect your rights. You can learn more by contacting an experienced criminal defense attorney, who can answer any other questions you have. ]]> On Behalf of Blackwelder Law, LLC <![CDATA[Should you accept a plea deal?]]> https://www.blackwelderlaw.com/?p=64628 2022-09-20T14:31:06Z 2022-09-23T14:30:10Z If you face criminal charges, you might assume your case will go to trial. That’s what countless TV law shows would have you believe.  You have a right to a trial, but most people never exercise that right.  Over 95% of all cases are settled via plea bargain, so why should yours differ? Because it might be to your advantage not to accept one. Here is why:

Prosecutors tend to exaggerate

Think of a plea bargain as a threat. The prosecutor needs to threaten you with something that sounds so awful that you do what they want (plead guilty). The prosecutor does not control what sentence a judge might decide to hand down if you went to trial and they did find you guilty. They can certainly push a judge to issue a harsher sentence, but it is the judge’s decision. So, whatever a prosecutor tells you will happen if you refuse to accept the plea deal might not happen at all. 

A jury might not find you guilty

If you make a plea deal, you plead guilty. Why do that if you are not, or if there is a chance that a jury might decide you are not? You are accepting a criminal record that will affect you for the rest of your life when maybe you could avoid that. Why go to prison, pay fines or accept other punishments if there is a chance to avoid them? Only you can make the final decision as to whether a plea deal is in your best interests or not. To do so, you need experienced legal help to understand more about the reality of your prospects if facing criminal charges.]]> On Behalf of Blackwelder Law, LLC <![CDATA[Avoid these prescription medication mistakes to stay out of jail]]> https://www.blackwelderlaw.com/?p=64622 2022-09-20T08:16:00Z 2022-09-23T08:15:05Z Not understanding the drug's potential side effects Drugs can affect your ability to do everyday things. Some drugs have soporific qualities. If you read the label, they will probably tell you this, but many people do not, or they think the instructions are over-cautious. If you get in your car after taking prescription drugs and cause a crash or drive in a way that the police allege is dangerous, then you could face criminal charges. You can try to explain that the drugs caused you to feel drowsy, but while a judge may be lenient, they are unlikely to excuse you as it is your responsibility to ensure you are safe to drive.

Giving them to someone else

Certain drugs are only legal for the person they are prescribed to. If the police catch someone else with drugs they have no prescription for, they could charge them. If they discover you gave or sold the person those drugs, they could charge you too. Take particular care with opioids and other in-demand drugs as you could find someone steals them from you, and you face criminal charges for something you knew nothing about. If you face prescription drug charges, whatever the cause, there are defense options available. Finding out more will be crucial.]]> On Behalf of Blackwelder Law, LLC <![CDATA[4 mistakes people make when the police knock on their doors]]> https://www.blackwelderlaw.com/?p=64624 2022-09-16T09:50:51Z 2022-09-21T09:50:19Z They let the police in Law enforcement officers frequently ask to come inside to talk to someone. They may not indicate that their true intention is to search someone's home or gather evidence against them. Politeness dictates that individuals open their homes to others when they ask, but deferring to politeness when dealing with the police could affect your legal rights.

They become aggressive or confrontational

No one likes to have a police officer pounding on their front door, but the negative emotional reaction someone has to the presence of police does not justify an aggressive response. Police officers don't necessarily know you or how you will behave, and they may assume the worst if you become combative after they knock on your door. You can assert your rights without being overtly rude and oppositional toward the police officer.

They rush around to clean up their house

It is normal to worry that people will judge you based on the mess on the coffee table or all the dog fur on the carpet. However, when police officers hear people moving around loudly inside, especially if they hear sounds like a paper shredder or a toilet flushing, they may assume that someone wants to hide or destroy evidence and may force entry into the home.

They simply ignore the officers

If police come to your house once, you may try to be quiet and wait for them to leave. Provided that they do not have a warrant, the most they can do is come back later. However, if you completely ignore their presence and fail to take any action, they may come back again when you are not home and gain access, or they might even come back with a warrant. For many people, the first step to take when the police show up at their home is to consult with an attorney, followed by allowing the attorney to handle any communications with the police related to an ongoing investigation. Reaching out to our firm can help you review your options for a defense and better protect yourself during a police investigation.]]> On Behalf of Blackwelder Law, LLC <![CDATA[What you need to know about implied consent in South Carolina]]> https://www.blackwelderlaw.com/?p=64619 2022-08-25T07:26:27Z 2022-08-30T07:25:33Z Driving is a privilege but also a responsibility. When you get behind the wheel, you may not realize the applicable laws. Unfortunately, just because you do not know the law does not mean you can’t be arrested for breaking it. If you are pulled over and arrested for DUI, it is important to know and understand the implied consent laws in the state. According to these laws, you must submit to blood or breathalyzer tests if arrested for DUI.

Implied consent and DUI

It’s important to understand that while you can refuse roadside testing for alcohol, you must submit to a blood or urine test if requested once you are arrested. Failure to do this can result in fines and license suspension for six months to one year. This is true regardless of whether you are convicted of the DUI charge. If you are under 21 and refuse a field sobriety test upon request, your license will automatically be suspended for six months to one year. Also, just because you refuse a field sobriety test does not mean you won’t be convicted if there is other proof that you were driving with a BAC over .08% and you are 21 years of age or more. Your refusal of this test can be used as proof of your intoxication.

Protecting your rights when suspected of DUI

The best way to protect your rights when suspected of DUI is to know what they are. Implied consent applies when an officer suspects you of driving under the influence after pulling you over. Knowing what to expect is the best way to avoid saying the wrong thing or taking steps that may aggravate your situation.   ]]> On Behalf of Blackwelder Law, LLC <![CDATA[What constitutes an unlawful arrest?]]> https://www.blackwelderlaw.com/?p=64614 2022-08-16T13:18:19Z 2022-08-19T13:15:09Z Being arrested for any reason can be very depressing. Things become a lot more unsettling if the arrest happens beyond the scope of proper legal justification. If this happens, the arrest may qualify as unlawful. The 4th Amendment protects all persons from unlawful search and seizure. Law enforcement cannot arrest you on a whim. For an arrest to be lawful, the police must have probable cause or an arrest warrant.  Here are three questions that can help you determine if your arrest was unlawful:

1. Was there a probable cause for your arrest?

As already mentioned, the police must have either a valid warrant or a reasonable cause to believe that you are about to commit a crime to arrest and detain you.  The police should be able to objectively point out the circumstances that lead them to believe that you were guilty of a crime to justify your arrest

2. Was the arrest based on false evidence?

It is not unheard of for an officer to plant evidence on a suspect. Planted evidence can include drugs, weapons or alcohol. False evidence, on the other hand, can include rigged BAC test result that is presented as authentic. 

3. Was the arrest based on false testimony?

This type of arrest is common in domestic violence cases where an alleged victim may make false claims of violence to score points during a divorce or child custody case. If an officer simply took another party’s word for what happened without any objective evidence to back up the statements, that could be an unlawful arrest. Being arrested if you are innocent can be devastating. Find out how you can protect your rights if you are a victim of an unlawful search and seizure. Can an experienced criminal defense attorney immediately if you're facing charges of any kind.]]> On Behalf of Blackwelder Law, LLC <![CDATA[Know your right to remain silent]]> https://www.blackwelderlaw.com/?p=64607 2022-08-11T07:51:20Z 2022-08-15T07:50:51Z The United States Constitution provides people in this country with specific rights. One of these is that you have the right to not speak to police officers beyond providing basic identifying information. The Fifth Amendment is where you can find information about your right to avoid making self-incriminating statements.  Anyone who’s watched crime dramas has probably seen when the police officers read an individual their rights. These are known as the Miranda rights and must be read in certain circumstances, such as prior to custodial interrogation. One of the most important reminders included is the right to remain silent.

Invoke your right to remain silent in order to use it

The best way to invoke your right to remain silent when you’re dealing with the police is to be proactive. In order to do this, you should specifically state that you won’t speak to the police without an attorney present.  Once you invoke your right against self-incrimination, the authorities must stop questioning you until you have counsel with your or you specifically revoke your rights again. Since the power lies in your hands (not the authorities) it’s very important to make sure that you don’t damage your own case by talking with the police – at all – after you invoke your rights. Regardless of your situation, it’s better to stop communicating with the police. Most people aren’t in a position to think clearly about the ramifications of what they’re saying – or how they’re saying it – on their criminal cases down the road. Silence is your best initial defense, and cannot be held against you in court. As always, a solid defense takes time, experience and knowledge. Take steps to protect your future immediately if you’ve been charged with a crime.]]> On Behalf of Blackwelder Law, LLC <![CDATA[Does your drinking provide an excuse for the bar fight you had?]]> https://www.blackwelderlaw.com/?p=64598 2022-07-25T18:46:41Z 2022-07-27T18:45:46Z A physical altercation with another person in South Carolina could easily lead to assault charges. Even if the other person doesn't suffer serious injuries, they could ask the state to prosecute. Other people could also call the police during the fight, leading to your arrest as the alleged instigator.  Many assaults occur at parties or venues that serve alcohol. Intoxication frequently plays a role in a person's decision to resolve a disagreement with physical force, and you may feel like things would never have reached the point that they did if you hadn't enjoyed a few too many adult beverages that evening.  Could your intoxication give you grounds for a defense against those charges? 

Voluntary intoxication is not a legal defense

There are certain situations in which you can mount an affirmative defense. You agree with the claim that you broke the law, but you assert that the situation justifies it or meets a specific exception to the law. Scenarios, where you lack full cognitive function, can sometimes give rise to an affirmative defense.  The courts in South Carolina have ruled in cases where people used voluntary intoxication defenses and determined that such a defense was not a viable strategy. While you might think that your decision to drink may have limited your rational decision-making ability, the courts will not view that as a viable excuse for breaking the law. When you choose to consume alcohol, you accept the possible consequences that come from impaired behavior.  Learning more about state law can help you identify a workable defense strategy for your recent assault charges. Reaching out to an attorney can be a good way to initiate that educational process. ]]>