Can I Refuse a Breathalyzer or Blood Test?
Pulled over for a DUI? You are not permitted to refuse a chemical test (breathalyzer test or blood test) without penalty in the state. The reason is that South Carolina has an implied consent law. A DUI refusal carries serious penalties. Here, our Columbia DUI defense lawyer explains the key...
Read more What is an ALR Hearing?
Arrested for a DUI in Charleston or elsewhere in South Carolina? Your license will be at risk before you ever actually get to defend yourself against the criminal charge. The reason is that South Carolina has an administrative license revocation (ALR) process. Here, our Columbia DUI defense lawyer provides an...
Read more How Long Does a DUI Stay on My Record?
The South Carolina Department of Public Safety (SCDPS) reports that around 20,000 DUI arrests are made statewide each year. Arrested and charged with a DUI? You may have questions about how long it will stay on your record. At the Law Office of Jonathan M. Harvey, we have extensive experience...
Read more Steps to Take if You Have Been Arrested
Were you arrested and charged with a crime in Columbia or elsewhere in South Carolina? You are innocent until proven guilty. However, you cannot rely on the criminal justice system to exonerate you on its own. It is imperative that you take a proactive approach. Here, our Columbia criminal defense...
Read more Drug Trafficking vs Drug Distribution
South Carolina has some of the toughest, most comprehensive drug laws in the entire country. A person facing a trafficking or distribution charge could face harsh penalties if convicted. You may be wondering: Is drug trafficking and drug distribution the same thing in South Carolina? The short answer is not...
Read more Will I Lose My License After a DUI?
Arrested for a DUI in South Carolina? Your driver’s license is in danger. You could lose your license because of a drunk driving charge, potentially for a significant period. Still, you have the right to defend yourself. Here, our Columbia drunk driving defense lawyer explains the key things to know...
Read more What Happens After a DUI Arrest?
Were you arrested and charged with a DUI under South Carolina law (SC Code § 56-5-2930)? Your rights, freedom, and future could be on the line. It is imperative that you take a proactive approach. Knowing what happens in the immediate aftermath of a DUI arrest can make a big...
Read more What is the Difference Between DUI and DWI?
Facing a drunk driving charge? You may hear it referred to as a DUI or a DWI. This raises an important question: What is the difference between the two? In South Carolina, there is no legal distinction. The official term is a “DUI.” A DWI is simply a colloquial term in...
Read more What is the Legal Alcohol Limit?
Drunk driving is a serious crime in South Carolina. For drivers aged 21 and older, the maximum allowable blood alcohol concentration (BAC) is 0.08%. However, for those under 21, the state enforces a zero‑tolerance policy. Underage drivers can face a license suspension with a a BAC of 0.02% or above...
Read more What is Probable Cause?
Police officers need to have probable cause for a search, a seizure, and an arrest. Indeed, probable cause is one of the most important concepts in criminal defense. If your rights were violated on probable cause grounds, you may be in a position to get any related criminal charges thrown...
Read more Can Charges Be Dropped Before Court?
Arrested and charged with a crime in Columbia? It is normal to feel stressed out, even overwhelmed. There is good news: You have legal options available. Every defendant is presumed innocent until proven guilty. In some cases, charges may even be dropped outright before court. There are many different points...
Read more Can Bail Be Reduced?
In South Carolina, a person who is arrested and charged with a crime may be required to pay bail in order to secure his or her release. The amount of bail is determined based on a number of different factors. This raises an important question: Can bail be reduced? The...
Read more What is a Drug Diversion Program, and am I Eligible?
Arrested for drug possession in Charleston or elsewhere in South Carolina? You could be facing a very serious criminal charge. With that being said, you could have treatment options available. Our state has a drug diversion program that can help spare people from the worst consequences of a criminal charge....
Read more Can I Be Arrested for Shoplifting if I Did Not Leave the Store Yet?
Shoplifting is a serious criminal offense. It may be charged as either a misdemeanor or a felony depending on the specific circumstances. Notably, in South Carolina, a person can be arrested for shoplifting even if they have not left the store. State law defines shoplifting to include actions such as...
Read more Is Entering a Car or Garage Considered Burglary?
Burglary is a serious criminal offense. In South Carolina, you could be charged with burglary if you enter a car or a garage without authorization. The state defines burglary as entering a building without consent and with the intent to commit a crime. Within this article, our Columbia criminal defense...
Read more What Makes a Crime Federal?
A crime becomes federal when it violates United States federal law, rather than state law or local law. Most often, federal charges are brought when an (alleged) offense crosses state lines, involves federal property, or is explicitly outlined in a federal criminal statute, such as drug trafficking or tax evasion....
Read more What is Reckless Homicide?
A person who causes a crash that kills another person could potentially be charged with a serious felony offense in South Carolina. The crime is known as reckless homicide. It is a felony offense that involves causing the death of another person through the operation of a motor vehicle with...
Read more What is Manslaughter?
In South Carolina, manslaughter is defined as the unlawful killing of another person without malice aforethought. There are two primary categories: voluntary and involuntary manslaughter. They are both very serious criminal offenses that are classified as felonies and that carry the potential for a long prison sentence. Here, our Columbia...
Read more What Should I Do if I am Arrested?
There are few things more stressful than being arrested. It is imperative you take immediate action to protect your rights, your freedom, and your future. At the Law Office of Jonathan M. Harvey, we want to make sure that you have the knowledge, tools, and resources to navigate any situation....
Read more What Should I Do if I Am Charged with a Crime?
If you are charged with a crime in South Carolina – regardless of the kind of charge you face – there are certain steps you should take in order to help protect your rights from the start and to help ensure that your case is resolved favorably. While the case...
Read more Can You Inadvertently Tamper with Evidence?
It is illegal to tamper with evidence that could potentially be used in a legal proceeding, but for the charge of evidence tampering to apply, you must have intended to diminish the integrity of the evidence or to make it less available. In other words, accidentally or inadvertently tampering with...
Read more What Makes Driving Reckless?
When someone drives in a manner that shows a blatant disregard for the safety of other road users and traffic rules, that’s reckless driving. Contrary to what many people think, being charged with reckless driving is more than just getting a traffic ticket. It is considered a criminal offense in...
Read more How Does Money Laundering Work?
Money laundering is a complex process that involves cleaning dirty or illegal money made through unlawful activities to make it appear clean or lawfully obtained. It involves complex financial transactions to hide the real sources of money. The illicit funds are typically sourced from drugs or weapons sales, embezzlement, theft,...
Read more Steps to Take if You Are Charged with Conspiracy
Criminal conspiracy in South Carolina relates to coming together with one or more others in order to either engage in an unlawful practice or to employ unlawful means to engage in something lawful, and the legal consequences can be dire. If you are facing a conspiracy charge, one of the...
Read more What Constitutes Bank Fraud?
Bank fraud is a serious white-collar crime that carries serious criminal penalties. These are nonviolent, financially motivated offenses that are committed through deceit – often by financial professionals. If you’ve been charged with bank fraud, you need the skilled legal counsel of an experienced Columbia bank fraud defense attorney backing...
Read more Is Weed Legal in South Carolina?
The legal landscape of marijuana has changed considerably over the last decade or two, and many people are confused about its legality throughout the country. The bottom line is that while even recreational marijuana has been legalized in many states, South Carolina is not among them. In other words, weed...
Read more What Proof Do You Need for a Restraining Order?
Restraining orders in South Carolina are used to help protect those being harassed or stalked by others. These orders prohibit those accused from engaging in specific actions and activities, and they are generally issued by the state’s magistrate courts or, in some situations, by the state’s family courts. If you’re...
Read more What Is a Felony BUI?
While boating is a form of recreation, that doesn’t mean that strict laws don’t apply. When the person manning a boat is under the influence of alcohol or drugs, they can face a charge of boating under the influence (BUI), which can be elevated to a felony if they cause...
Read more What Are the Consequences for Driving with a Suspended License?
To drive in South Carolina – and every other state in the nation – you need a driver’s license. If you’re pulled over and your license has been suspended, you can face the charge of driving under a suspended license, which comes with serious consequences of its own that vary...
Read more Consequences of Public Intoxication in South Carolina
The consequences of public intoxication in South Carolina can be serious and costly. These consequences can have long-lasting effects on individuals’ personal and professional lives. If you are facing charges of public intoxication, immediately consult with an experienced Columbia criminal defense attorney who can assess your best defense options. Understanding...
Read more What Happens When Your License is Taken Away?
Losing your driver’s license can have severe consequences for your daily life and overall mobility. Whether it’s due to a traffic violation, a DUI charge, or accumulating too many points on your license, the loss of this privilege can significantly impact your ability to work, run errands, or even visit...
Read more What is Extortion?
Extortion is a serious criminal offense that involves using intimidation, threats, or coercion to obtain property, money, or services from another person. If you’ve been accused of extortion, you face significant legal challenges that require a clear understanding of the charges and your defense options. Columbia, SC, criminal defense attorney...
Read more Have you been charged with intent to distribute drugs?
The state of South Carolina is cracking down on offenses related to the possession and distribution of prescription drugs. There is now a prescription monitoring program designed to stop the illegal diversion of drugs from both community and hospital outpatient pharmacies. Did the SCRIPTS program lead authorities to you? The...
Read more 3 common types of federal offenses
Some criminal acts are so serious that they require federal prosecution. Federal crimes are generally worse and come with harsher punishments than state crimes. But what exactly are federal offenses? There are many types of unlawful acts that are subject to federal prosecution. Here are some of the more common...
Read more Are you unknowingly committing tax fraud?
Have you ever filed your own taxes and guessed when it came to an answer or two? If so, you are in good company. Taxes are inherently complicated, and even if you have the best intentions and believe you are being as thorough and forthright as possible when filing, you...
Read more What is embezzlement?
When an employee misappropriates or steals money from his or her employer, it is embezzlement. This type of employee theft is different than pure stealing. This is because the employee has permission to handle the assets in a particular way, but not to use it for his or her enrichment....
Read more Are cryptocurrencies contributing to tax fraud?
The IRS is worried. The meteoric rise of cryptocurrencies like Bitcoin has led to something of a techno-money “boom” in recent years. Consequently, the IRS wonders whether or not it’s getting its fair share of the profits. As with other monetary transactions, Bitcoin exchanges are subject to capital gains taxes...
Read more Federal and state criminal charges in South Carolina
Those who face criminal charges must deal with a tangle of often confusing procedures and rules. At this time, you need a reliable attorney at your side who can keep you informed while working vigorously to defend your case. One important issue relates to whether the charges in question will...
Read more Could I be convicted of wire fraud?
Wire fraud is a white-collar crime. This means it involves money and finances. It is non-violent, but that does not mean its effects are not serious. This type of fraud can cost individuals and financial institutions a lot of money. In simple terms, wire fraud is when one person gets...
Read more Why are some drug charges a federal offense?
Drug charges are a serious problem that can disrupt your life significantly. This is true if you are facing charges at the state level, but it is especially true if you have been accused of a federal-level crime. You might be wondering what differentiates the two and why a drug...
Read more What is wire fraud?
Federal prosecutors may charge you with wire fraud when they allege you used a communications device to transmit information across state lines as part of a scheme to defraud someone of property. Sometimes, prosecutors use wire fraud charges as a fallback when they encounter difficulties proving the elements of more...
Read more Drug addicts need treatment, not jail time
After a drug-related conviction, the punishments you may face tend to vary based on factors, such as the severity of the crime itself and where the crime occurred. While you may have to serve jail time for your offense, drug offenders in many areas may have the option of participation...
Read more What constitutes trademark infringement?
If you own your own business, you probably understand that your name means everything. To get people to remember you and what your business brings to the table, you need strong, cohesive branding, and part of the branding process often involves the development of a trademark. A trademark is a...
Read more Entrapment and white-collar crime
When a person is accused of committing a crime, entrapment is one of the possible defenses available. Asserting this defense means that the accused must prove that he or she would not have committed the crime in question without the pressure from law enforcement agents. This can be a complicated...
Read more What is insider trading?
The basic tenets of prohibited insider trading forbid using “inside” knowledge to get an advantage in securities trading. With continuously increasing levels of enforcement along with strict court rulings that give prosecutors more scope, anyone involved in trading and investment should be aware of the many complex laws and regulations...
Read more What constitutes embezzlement, and how serious is it?
Embezzlement occurs when someone in charge of another’s money and/or property, usually a company’s, takes or uses those assets for their own personal gain. In definition, it may sound the same as any other type of theft, but there a few key differences that set embezzlement apart. If you are...
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