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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...