AI Still Makes Things Up: Why Professionals Must Remain the Experts

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Artificial intelligence is a powerful tool, a great staring point to starting a project or an article for social media, but we must remember that it isn’t infallible.  We should still check to see if the information it provides is reliable.

A recent legal research experience reminded me that diligence and human judgment remain essential in the age of AI.

I recently used artificial intelligence to assist with legal research. I was working on a matter involving South Carolina property law and asked the AI to identify case law about the possibility of changing ownership from Tenants in Common to Joint Tenants with Rights of Survivorship, post death of the parties, if the deed, when signed, was signed with a misunderstanding as to type of ownership. The AI returned what looked like a legitimate and useful citation: Durham v. Blackard, 255 S.C. 202, 177 S.E.2d 601 (1970).

It even provided a case summary: (This portion is from my conversation with the chatbot)

I took out the parts where I ask it nicely to perform a function.  My wife likes to make fun of me for saying please and thank you to the AI.  I tell myself, politeness doesn’t cost anything, but in reality, when the AI takes over the world and comes for us, I know it’s going after the rude ones first.

“Facts: Parties sought reformation of a deed due to mutual mistake.

Holding: Reformation was allowed only upon clear and convincing evidence that the deed failed to reflect the parties’ true intent.”

Unfortunately, the case didn’t exist. There is a Durham v. Blackard, but it’s a 1993 decision involving fraudulent conveyance under the Statute of Elizabeth. It has nothing to do with mutual mistake at the time of signing the deed.

I brought up the fake case and the made-up content to the AI and it gave me another case.   Creekmore v. Redick, 246 S.C. 423, 143 S.E.2d 251 (1965). The summary it produced sounded plausible and relevant, claiming the case dealt with a mistaken property description and supported deed reformation.

But once again, I could not locate any such case in South Carolina’s reported decisions. The case was simply fabricated, citation, summary, and all. Here is the AI’s response when I once again informed it that it made up a case.

“Apologies for the earlier citation errors. Upon further review, I found that the case Creekmore v. Redick does not exist in South Carolina case law. I regret any confusion caused by these inaccuracies.”

This experience underscores a reality that many professionals are beginning to discover: AI can still make things up. It will confidently produce answers that look right, sound authoritative, and might even contain accurate legal principles, but unless you already know the area well, it can be nearly impossible to spot where the technology fabricates.

This is particularly dangerous in a field like law, where the foundation of our work is truth, precedent, and precision.

Artificial intelligence can be a useful starting point for organizing thoughts, identifying issues, or framing arguments, but be cautious about trusting it to finish the job. It is not a substitute for subject matter expertise.

As professionals, we cannot blindly accept what AI gives us. We must remain vigilant, verify sources, and apply our judgment. We are the subject matter experts, not IT.

Does a DUI Show up on a Background Check in South Carolina?

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Each day in the United States, around 28 people die in drunk-driving crashes. These accidents are completely preventable which is why driving under the influence (DUI) is a serious offense.

Getting a DUI can impact your life in many ways. You may be wondering, ‘does a DUI show up on a background check?’ Read on to find the answer.

Does a DUI Show up on a Background Check?

Does a DUI show up on a background check in South Carolina? The short answer is yes. In fact, a first-offense DUI is classified as a misdemeanor in all 50 states.

Misdemeanors show up on criminal history screenings so a DUI would too. DUIs are serious crimes that can lead to jail time, license suspensions, or large fines.

It gets the misdemeanor status because it is more serious than other driving offenses. Because it is a driving offense, many assume it will only show up on a driving history check, but this is not the case.

If an employer pulls a standard background check, they will see your DUI charge even if they do not conduct a driving history check.

If you undergo a DUI arrest in South Carolina, your driver’s license will get suspended before your case goes to court. Your license will also get suspended if you refuse to undergo a breathalyzer test or have a high blood alcohol content.

Felony DUIs

Although most cases of a DUI are considered misdemeanors, these convictions can be charged in different ways depending on the situation. A first-time offender gets a DUI misdemeanor generally.

However, if the DUI leads to a serious injury or fatality, it is likely considered a felony even if it is a first-time offense. In this case, a prosecutor may add additional charges such as criminal negligence or manslaughter.

Other factors that may up the offense include the driver’s blood alcohol content and if there was a child in the car. If the license had been suspended, revoked, or restricted before the DUI, the severity of the situation may be impacted as well.

A felony charge is more likely after the third or fourth DUI offense especially if the offenses happened close together. In South Carolina, the second and third offenses are considered misdemeanors and the fourth is a felony.

The situations vary between each state, but the penalties in South Carolina increase with each offense.

DUI Charges and Your Career

Getting a DUI has many negative outcomes. Along with jail time, fines, increased insurance premiums, and the loss of your license, you will have trouble getting a job if you have a DUI.

In South Carolina, DUI and background checks are not a great combination. Once you get a DUI, you may have a permanent criminal record that can lead to few job opportunities.

If you have your license suspended, you may have no way to get to work. If your position involves having a license, you are likely to be fired.

You may get by without having a background check if you are currently employed, but if you want a different job in the future, having a DUI is going to make it harder.

Most jobs take a background check before offering you a position. Specialized employers in the medical, law and education field won’t accept anyone with a criminal record.

If you were planning on becoming a doctor, lawyer, or teacher, you will be less likely to after getting a DUI. Employers will pass on your application on that mark alone.

A DUI conviction leads to jail time in South Carolina. This means you’ll be missing work at your current job and potentially will lose it altogether.

Depending on the severity of the situation, you could have years of jail time. You’ll be dealing with one to five years of jail time with a fourth offense.

Future Employment

One DUI can have long-lasting consequences on your life and career. Even if you learned your lesson and made a one-time mistake, employers may not see it that way.

Employers may refuse to hire someone with a DUI conviction because they take it as evidence of safety risks. You won’t be trusted operating equipment or driving business vehicles.

If you harm someone while on the job, the business could face a lawsuit. Companies will see hiring someone with a DUI as a risk because they are a liability to others.

Insurance providers are also strong influencers on who a company should and should not hire. Insurance providers will increase employer premiums if they hire someone with DUI charges or convictions.

Education

If you planned to go to college, getting a DUI may stop you from going to your dream school. Colleges, specialized ones mainly, have strict policies regarding the students they admit.

If the degree you want to study required you to gain a law, nursing, or other types of license, you may not get in with a criminal record. Government agencies influence colleges when it comes to the admissions process.

The best tip we can provide is to check with a licensing agency before pursuing a certain career path. If you already are a licensed professional, the agency may require you to report your conviction or arrest.

Some agencies will let you keep your license. However, if you don’t report the conviction, they will suspend or revoke it.

Hiring a DUI Lawyer

So, does a DUI show up on a background check in South Carolina? Yes, and it can have long-term negative effects on your career and life overall.

Because the effect of a DUI conviction is so daunting, it is suggested to seek out a reputable DUI attorney. A DUI lawyer will guide you through the charges and legalities of your conviction.

At De Bruin Law Firm, we want to help those struggling with DUI defense. Contact us today to schedule a consultation for DUI advice and help.

Navigating the Complexities Of Getting a DUI Charge

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Driving under the influence kills. More than 1,000 South Carolina residents died in car accidents in 2018. Nearly thirty percent of those fatalities took place in a DUI accident.

Laws against DUI and DWI are in place to keep people safe. But getting a DUI charge can be a problem, especially if you weren’t drunk.

Don’t worry. You can beat a DUI charge if you understand the process. Here is a quick guide to getting charged with a DUI.

Getting Pulled Over

You can avoid getting pulled over by practicing good defensive driving. Never drive faster than the speed limit. Wear your seatbelt and turn on your headlights at night.

Do not carry alcohol in your car. If you must, put it in a paper bag and store it away from yourself. Never drink while you are driving.

When you notice a police car with flashing lights behind you, pull over. Turn on your interior lights and roll down your windows. Grab your license and insurance before the officer asks for it.

In the state of South Carolina, you are not obliged to tell a police officer your name if you are asked. You must hand over your license and insurance, but you do not have to answer the questions.

You have the right to remain silent. Invoke this right when the officer asks you a question. Say, “I wish to assert my Fifth Amendment right to remain silent.”

You also have the right to refuse searches of your vehicle. Do not allow officers inside your car.

You can refuse a breathalyzer test. The state will suspend your license for six months. They will require you to take the Alcohol and Drug Safety Action Program.

But refusing a breathalyzer test will reduce the evidence against you in court. You can also refuse field sobriety tests, which the police use to substantiate their arrests.

Be as respectful as possible. Do not argue with the police or make sudden movements.

Getting Charged

If you get arrested, do not panic. Assert that you are remaining silent and that you want a lawyer.

Do not answer any questions that the officers throw your way. Do not sign any documents, even if you have read them over. Make a phone call and call an attorney right away.

When your attorney arrives, tell them everything that happened. Make sure you know who arrested you and what the grounds were. The more information you provide, the bigger of a case your lawyer can make.

You may have been charged with additional offenses. One such offense is reckless driving. A first offense can lead to a thirty-day prison sentence, so it’s important to know all of your charges.

Bond hearings generally occur within 24 hours of arrests. Most DUI cases lead to a small amount so you can leave jail. Leave when you can, but remain within the state and in contact with your lawyer.

The prosecutors may extend a plea deal to you. A deal may require you to plead guilty to reckless driving rather than to a DUI.

Prosecutors often extend a plea deal because they lack evidence to convict you. Talk over what the deal is with your attorney before proceeding forward.

Your first court appearance is the arraignment. This is when your charges are read in open court. You can enter a plea at this stage.

If you plead guilty, you will need to pay criminal penalties. But the court process will end and you can move on with your life.

If you plead not guilty, you can contest the charges in a trial. Most defendants plead not guilty and continue in court.

The Next Steps

A DUI defense begins as soon as you call for an attorney. If you did not take a breathalyzer or field sobriety tests, prosecutors have very little evidence to convict you on. The testimony of the arresting officer becomes important.

The definition of “driving under the influence” requires prosecutors to prove that “the person’s faculties to drive are materially… impaired.” An officer must notice signs of impairment to pull you over and arrest you.

If your lawyer can prove the alcohol did not impair you, a jury may not convict you. You will need to cooperate with your lawyer on this defense. Provide information to them that shows a lack of impairment.

If you took a breathalyzer test, your lawyer can call the results into question. Swishing mouthwash can trigger a higher reading. Certain medical conditions can also trigger a false positive.

The same applies to field sobriety tests. Many tests require balance and hand-eye coordination. The ground may be uneven, throwing your coordination off.

It will take some time for your lawyer to develop your defense. Be patient.

Do not get into a car accident or drink in public. Do not break the law while your court case is ongoing.

If you are convicted, you can appeal. Consult with your attorney on what other options you have.

Beat a DUI Charge

You can beat a DUI charge. Invoke your right to remain silent if you get pulled over. Refuse to take tests if you can live with your license getting suspended.

Call a lawyer when you get arrested. Do not take a plea deal if you think the prosecutor’s case is weak.

Consider your different defenses. If the officer had no reason to pull you over, a jury may acquit you. Cooperate with your attorney when they need help.

Find a lawyer with experience. The De Bruin Law Firm is the state’s leading DUI defense group. Contact us today.

How Long Does a DUI Stay on Your Record in South Carolina?

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Police charge more than 4 million Americans for DUIs each year. DUI charges are unfortunately common and have lasting life impacts.

But how long does a DUI stay on your record? What other information should you know before moving forward?

In this article, we’ll be discussing what a DUI means in South Carolina and how long it’ll remain on your record down the line.

What Defines a DUI in South Carolina?

South Carolina states that if you have a blood-alcohol level of 0.08 percent or higher, you are under the influence.

A DUI is also defined as being under the influence of any drug, alcohol, or other intoxicant. If your BAC is at least 0.05 but under 0.08 percent, it’s evidence that you’re under the influence.

Those charged with a DUI usually face a fine, driver’s license suspension, and community service. If you don’t have any prior convictions from the past 10 years, a DUI will count as a first offense.

DUI vs. DUAC

Those BAC levels are important to know when looking at penalties for driving while intoxicated in South Carolina.

If you’re at or below 0.08 percent, you’ll most likely get a DUI charge. This means the officer had enough reason to charge you with a DUI. Chances are, the officer saw you exhibiting signs of intoxication.

If your BAC is higher than 0.08 percent, that’s when you’ll face a DUAC charge, which stands for “Driving with an Unlawful Alcohol Concentration.” DUAC charges occur after proper alcohol testing.

If you’re tested within two hours of a police encounter, you can get a DUAC charge.

Penalties for DUI in South Carolina

So what happens when you’re charged with DUI? Here are some of the most common penalties:

Jail Time

If this is your first offense, a typical jail sentence lasts about 48 hours but can extend to 30 days. If your BAC was between 10% and 16%, the minimum sentence is extended to seven days.

Judges often allow an equal amount of community service instead of jail time.

Fines and Suspension

For first-time offenders, you’ll face a $400 minimum fine and a six-month license suspension. A second offense will land you a fine of $2,100 to $5,100, along with a year-long license suspension.

Third-time offenders get between $3,800 and $6,300 and a two-year license suspension. The length of the suspension depends on how much time has passed between your second and third offenses.

One to five-year prison sentences is usually carried out for fourth and fifth-time offenders.

How Long Does a DUI Stay on Your Record?

If you are convicted of a DUI in South Carolina, unfortunately, that will stay on your criminal record forever. It can, however, be removed from your driving record after 10 years.

What does that actually mean for your future? Let’s take a look at some of those factors here:

How Does This Affect Me in the Long Term?

If you have a DUI conviction on your record, getting auto insurance will become more difficult. If you have prior business with an insurance company, your premiums will go up.

All of this will last for at least 3 years and up to 5. Some insurance companies have “assigned risk” insurance for people that have DUIs on their records. You’ll get coverage but at a high premium.

DUIs also affect the outcome of your background checks. Employers, landlords, and security agencies might judge your character based on a DUI charge.

As such, DUIs can serve as unwanted baggage for many people. It affects their job prospects as well as their insurance coverage.

Can My DUI Transfer Across State Lines?

If you move to another state, your DUI charge will be transferred to the Department of Motor Vehicles in your new home state.

South Carolina is a member of the Interstate Driver’s License Compact. This means states agree to exchange drivers’ information when they’re convicted of a DUI.

Different states also have different penalties for DUIs as well. This means you might face different penalties with a South Carolina DUI in another state.

How to Avoid Getting a DUI

It’s safe to say that getting a DUI in South Carolina does you no favors even if you no longer live in the state.

The best way to avoid DUIs is to get a designated driver or call a cab after having a few drinks. In emergencies, however, remember that an arrest isn’t automatically a conviction.

In other words, you have other defenses at your disposal:

Unlawful Arrest

An officer needs a legal cause to pull you over for a traffic stop. If you can prove that an officer had no legal right to arrest or detain you, this can be cited as a violation of your rights.

Lower BAC

If your BAC is lower than 0.08, this can be evidence to challenge the charge. Furthermore, if you were showing no signs of intoxication, you can also use that to your defense.

Unrecorded Arrest

Officers in South Carolina must use a dashcam to record your DUI incident. If they fail to do so, it can weaken the prosecutor’s case.

How a DUI Lawyer Can Help

At the end of the day, you need a DUI lawyer to help make your case. To avoid a DUI conviction, a DUI attorney is the best person to contact.

They can record your evidence and help gather the right documents. They’ll make sure the officer followed the mandatory procedures and that all tests were administered correctly.

DUI lawyers help make your case that you shouldn’t be charged for a DUI.

Get the Best DUI Lawyer in South Carolina

DUIs impact your life even after a first offense. Having the right people on your side when a DUI charge is imminent is crucial for your future.

Use this guide to answer the question “how long does a DUI stay on your record” and find the right DUI lawyer in your area.

Looking for reliable attorneys in South Carolina? Contact us today and we can get you started on your case.

Is it ever advisable to plead guilty to a DUI charge? 

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Is it ever advisable to plead guilty to a DUI charge?

There are several reasons why it is not advisable to plead guilty to a DUI charge. First of all, pleading guilty to a DUI charge is expensive. You are paying not only the fines, but you are also paying the court costs. The stigma of a DUI stays with you forever because it will be on your record forever. This can translate to lost wages with all the jobs that you might have been able to get had this not been on your record. Finally, you have a criminal history for the rest of your life. A good attorney can mitigate those damages, and make this as least painful as possible.

Is the driver’s license immediately confiscated upon a DUI arrest?

No, the driver’s license is usually not immediately confiscated upon arrest. If you have complied with the field sobriety tests and blown under a certain amount, your license is not suspended. Your license is only suspended upon conviction. If you have not complied with the standard field sobriety tests, then you’ve given up the privilege of driving. They’ll suspend your license at that point, because South Carolina is an implied consent state. This means that you are giving consent to do these field sobriety tests that the officer asks you. If you don’t, then your license is suspended. If your blood alcohol level is higher than a certain level, then they’ll suspend your license on that as well.

If you do refuse to do the field sobriety tests, you can request to a hearing from the DMV. It’s an administrative hearing, and I always recommend that people who refuse the test request this hearing as soon as possible. Once you request the hearing, then you can get a provisional license until the date of the hearing. If they deem at the hearing that you have no reason to refuse the test, then they can suspend it through the duration of the case or for 6 months.

Are any hardship or work licenses available in South Carolina?

Yes, there are hardship or work licenses available. Especially after a conviction, you can get a provisional license that allows you to drive everywhere. You have to follow some steps, you have to complete a SR-22, but there are ways to get a license after a conviction.

When does a blood come into plan in a DUI case?

Blood tests usually come into play when a car accident causes you to be in the hospital, so they can’t bring you to the police station to do the breathalyzer. The police will ask for a blood sample, and you will either consent or deny that request by the police officer. Sometimes, when you are unconscious, the police officer will get a warrant if they suspect there’s a DUI. If they have enough probable cause to do so, they can get a warrant for the blood test. This is usually more common if a police officer suspects that you’re under the influence of drugs. They can also ask for a urine test as well, because they’ll be able to determine the level of narcotics in your system through a urine test.

When is the ignition interlock device required in South Carolina for a DUI?

If you blow over a certain limit or amount, you would be required to have the Ignition Interlock device installed in your car before you can get the privilege of driving. The interlock device is a device where before you can start your car, you can blow into it. It determines whether or not you’ve been drinking and if you have not, the car will start.

For more information on Pleading Guilty To DUI Charges, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 372-2896 today.

7 Important Steps to Take if You’re Arrested for DUI

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Did you know that every year, about 1.5 million people are arrested for driving under the influence of alcohol?

Are you one of these 1.5 million people who have recently been arrested for drunk driving? If so, you’re probably scared and wondering what you should do next.

Getting arrested for drunk driving is no joke. Fines can be in the thousands of dollars, you can lose your license, and, you may even have to serve jail time

To prevent the worst from happening, it’s important to know what to do after being arrested for DUI.

Check out this guide to learn the important steps to take if you’re arrested for drunk driving.

1. Hire a Lawyer

Hiring a lawyer is the most important thing to do after being arrested for a DUI.

A lawyer will help you navigate the court system, build a case for you, and help you face a jury. While you should definitely hire a DUI lawyer for a felony case, it’s also important to hire one if you’re a first-time offender.

As we said in the intro, there’s a lot at stake when you’re arrested for a DUI, and hiring a lawyer is the best bet for a positive outcome.

When searching for a lawyer, it’s very important that you find someone who has experience in DUI law. DUI law is incredibly complex, which is why you never want your case handled by a general attorney.

Also, make sure to meet with lawyers for consultations before hiring and ask for references.

2. Write Down Everything

Details can mean the difference between winning and losing a DUI case, so, make sure to write down all the details as quickly as possible.

Write down everything you remember, no matter how insignificant it may seem. It’s often these insignificant details that end up meaning the most later on.

Here are some things you want to make note of:

  • Where you were stopped
  • When you were stopped
  • The reason the officer gave for stopping you
  • The name and badge number of the officer who stopped you
  • If a breath test was administered, and if so, what type
  • What you told the officer about what you had to eat and drink
  • Other tests the officer did

Once you write down this information, remember that you shouldn’t share it with anyone but your attorney.

3. Privatize Your Online Profiles

Remember, the state is going to be doing everything they can to build a case against you.

This is why it’s very important to not give them any ammunition via social media.

Even if your profile hasn’t been updated in a while or what’s on there has nothing to do with the charges against you, it’s very easy for things to be taken out of context.

In some cases, it may even be a good idea to delete your accounts until the trial is over.

Your lawyer can help walk you through what exactly you need to keep private and for how long.

4. Find Witnesses

Character witnesses can make a huge difference in your DUI case.

Talk to your family members and friends and ask if they’d be willing to testify on your behalf during court. Also, try to gather witnesses who saw you right before, after, or even during the stop.

It’s also important to talk to witnesses so that your attorney can gather statements from them right away. As time goes on, people tend to forget things, so fresh testimony about your state of being from an eye witness can really go a long way.

5. Locate a Bail Bondsman

If you’ve been arrested, you’re more than likely going to have to post bail.

While you can have a relative post bail for you, it’s also a good idea to use a bail bondsman. With a bail bondsman, you pay them a small fee, and then they post bail for you.

Then, you need to hold up your end of the bargain by showing up to all of your hearings. If you don’t, the bail bondsman will come after you for more money.

6. Request a Hearing With the DMV

After being arrested for a DUI, it’s also very important that you request a hearing with the DMV.

This hearing determines whether or not you can keep your driver’s license.

You should do this within 10 days of your arrest, otherwise, your license may be automatically suspended.

7. Get Ready for Court

Once you’ve done all this, it’s time to prepare for your trial.

The trial begins with an arraignment, which is when you enter your plea. A lot of times, attorneys handle the arraignments themselves, so you may not even need to show up for this.

If this is your first DUI, then you’ll likely be charged with a misdemeanor. With this, you could be charged with jail time, although this is very unusual for first offenses.

Other common penalties include fines, license suspension, license revocation, mandated DUI school, or an education or prevention program.

When you show up for court, it’s very important that you have a professional appearance. Avoid baggy pants, showing excess skin, and wearing casual clothes, like sandals or shorts.

In addition to being well-dressed, it’s also important that you show up for your hearing on time (earlier is always better) and that you’re composed and well-groomed.

Arrested for DUI: Are You Ready to Take the Next Steps?

As you can see, getting arrested for DUI is no walk in the park. But, by following the steps list above, the DUI process should go a lot smoother.

And, as we said earlier, the most important thing to do is to hire a competent lawyer to handle your case.

If you’re in need of a good lawyer for your DUI case, get in touch with us today. 

Know Your Rights: Possible Defenses for an Assault and Battery Charge

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Did you know that assault is one of the most common violent criminal offenses in the US? If you’ve been charged with assault and battery, you’re not alone. In 2017, over 800,000 aggravated assaults were reported to the police.

If you find yourself in the unfortunate situation of facing assault and battery charges, you’ll want to understand the possible defenses you might use and the potential penalties.

Read on to learn more about assault and battery in South Carolina.

Assault and Battery in South Carolina: Definitions and Degrees

In South Carolina, assault and battery are both prosecuted under the same laws (despite being considered two different criminal acts in the past). There are, however, different degrees of assault and battery. These include:

  • assault and battery of a high and aggravated nature (which is the most serious)
  • assault and battery in the first degree
  • assault and battery in the second degree
  • assault and battery in the third degree

Assault and battery of a high and aggravated nature and assault and battery in the first degree are both felonies. Assault and battery in the second and third degrees are misdemeanors.

The main difference between the different degrees of assault and battery is the amount of bodily harm caused to the victim.

For example, to be charged with assault and battery of a high and aggravated nature, the offender must have caused great bodily injury to another person or accomplish the act by means likely to cause great bodily injury.

Defending Yourself Against Assault and Battery Charges

If you have been charged with assault and battery in any degree, it is wise to consult with an experienced criminal defense attorney. They know the court process inside and out and can advise you on the best course of action.

You may want to plead not guilty and take the case to trial or you may want to accept a plea bargain and plead guilty in exchange for a lesser sentence. You may also want to plead guilty but defend your actions.

If you decide on the latter, your attorney can advise you on which defense may be the most effective for you. Here are some of the potential options:

Self-Defense

Justifying assault and battery with a self-defense argument is one of the most common criminal defenses. To successfully argue self-defense, you typically have to prove that there was a threat of harm against you, that you reasonably perceived yourself to be in danger, that you didn’t provoke the potential harm, and that there was no other option (such as retreating or escaping).

Some other things to remember about self-defense is that the amount of force used must be reasonable and in proportion to the threat of harm.

Also, even if all of the elements of self-defense are met, you may still be convicted if your strength and stature greatly exceed the victim’s (for example, due to their age or size).

Defense of Others

Like self-defense, if you are going to use defense of others as your assault and battery defense, you’ll need to show that the other person was in harm’s way, was fearful, and that there was nothing else that you could have done (such as helping the other person leave the situation).

Defense of Property

In South Carolina, if your property is threatened, you are permitted to use force (an in some situations, deadly force) to protect it.

As long as you can show that you are in a place where you have a right to be, that you are not engaged in unlawful activity, and that the use of force is necessary to prevent your own death, great bodily injury, or the commission of a violent crime, you can use force. This is known as the castle doctrine.

Consent

If a victim consents to the touching, then you could use that as a defense if you are charged with assault and battery. In a boxing match, for example, by participating in it, the victim has implied that they consent to any physical contact.

The same applies to other contact sports. By willingly participating in a sport, you are consenting to any contact that might arise during the course of the game or match.

Performance of Duty/Authority

Lastly, if you are using physical force in the course of your job, such as law enforcement, the performance of duty or authority could be a plausible defense. Correctional officers or others who are forced to restrain people for their safety and the safety of others can also use this defense.

Potential Penalties

If you are unsuccessful in your defense, you are facing penalties that range from time in prison to fines. The penalties depend on the degree of assault and battery that you are convicted of.

Assault and battery of a high and aggravated nature can result in a prison sentence of up to 20 years. Assault and battery of the first degree can result in imprisonment of up to 10 years. Remember that these two crimes are felonies, which means they carry a tougher sentence.

Assault and battery of the second degree, which is a misdemeanor, can result in a prison sentence of up to 3 years and a fine of up to $2,500. Assault and battery of the third degree, which is also a misdemeanor, can result in up to 30 days in jail and a fine of up to $500.

Beating Your Assault and Battery Charges

With the guidance of an experienced criminal defense attorney, it is possible to fight your charges and win, using one of the defenses detailed here. If you or someone you know has been charged with assault and battery, your first step should be to contact an attorney.

Contact us immediately to discuss your case. We are available 24 hours a day, 7 days a week to take your call.

Legal Trouble? Here’s Why You Need a Criminal Defense Attorney

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Have you been arrested or charged with a criminal offense? If so, you need proper representation from an experienced and reputable criminal defense attorney.

Being charged with a crime is always a grave matter, whether the issue at hand is major or minor. Without proper representation, you risk going to jail and incurring hefty penalties that can drag your life down. Plus, you’re left with a criminal record that will hinder your future job prospects, tarnish your name, and even destroy your relationships.

Here are all the reasons why you need a criminal defense attorney immediately you’re arrested or charged with a crime:

1. Protect Yourself

The most important reason why you should hire a criminal defense attorney early is to protect yourself. If you don’t, the chances are high that you will say or do something – or fail to do something altogether – that jeopardizes your case. Most clients are often too late to seek legal help from criminal attorneys.

A criminal lawyer knows the legal process and what you should do to protect yourself.

2. Get Expert Knowledge on the Case

Experienced and reputable criminal defense attorneys know criminal law extensively. It’s crucial to utilize their expertise in your case. Some individuals represent themselves and win, but it’s always a risky move.

Even if you’re innocent of the charges leveled against you, the court system may still find you guilty. It all depends on the evidence presented against you. And if somebody succeeds in framing you for a crime you didn’t commit, you’ll regret not having sought the services of a criminal lawyer.

Criminal defense lawyers have the expertise and experience to assess and determine whether your case stands a chance of winning. Their knowledge makes them a valuable addition to any criminal case.

3. Decipher The Charges and Penalties Facing You

Sometimes, it’s hard to even understand the charges made against you, let alone their consequences. If you don’t have any legal knowledge about your case, never risk going in alone! Consult a criminal lawyer for thorough interpretation of your predicament.

The expert will assess your charges from beginning to end. They will listen to your story and be able to give counsel on the way forward. They will list in detail the allegations made against you and inform you of the possible consequences.

They will then find ways to challenge the case, including any loopholes made when the correct legal procedures were not followed during your arrest. There are many variables and aspects to a case that only expert professionals know. A skilled criminal defense attorney will find all these variables and decide how to use them to your advantage against the complainant.

4. Take the Legal Hassle From You

People who have been through the legal system will tell you that it’s a hassle to maneuver through all the necessary processes. There is plenty of paperwork to fill and track. And, everything has to be done right or else a mistake could result in dire consequences.

A criminal attorney can do all this for you and ensure there are no mistakes made. They’ll also take the stress of handling the process away from you. Plus, they speed up the process to ensure that you get back to your normal life as soon as possible.

If there are other parties to the case, they will communicate with them on your behalf. It can be difficult for you to do so because of your emotional state, and they can turn your words against you. It’s always best to leave that to a professional.

5. Ensure You Get a Favorable Sentence

In many criminal cases, jail time and hefty penalties are a serious possibility. If there is no chance that you’re going to win the case at hand, a criminal lawyer can negotiate a lower sentence or fine for you.

Great attorneys know how to get deals and reduced sentences. They use certain facts relating to the case to get prosecutors to lower jail time in exchange for a guilty plea.

6. Experience With A Similar Case

The criminal defense attorney you hire might have come across a similar case to yours in the past. Even if the facts of the case might be different, they stand a better chance at representing you in court (especially if they won the other case).

Having ample experience with the facts of a case makes it easy to speed up the process. Because the attorney is not walking into unchartered waters, they know whether negotiating for a deal or proceeding to trial is the best option.

A faster legal process means you get to clear your name, keep your job, or have the case dealt with discretely.

7. Save Money

You will have to pay your criminal attorney for their services, but their fees are relatively cheap compared to all the expenses you’re likely to incur when representing yourself. Working alone can see you making small mistakes that are very costly. For example, missing a deadline during a trial can cost you several hundreds of dollars in fines.

There is no room for errors during court and trial. Plus, you’ll have to spend plenty of time out of work to deal with your court case when representing yourself. That means lost income that can’t be equal to the cost of hiring an affordable criminal attorney.

Consulting a Criminal Defense Attorney Is Always a Wise Choice

You can hardly go wrong with an experienced and reputable criminal defense attorney if you’re charged with a criminal offense. Their legal representation can go a long way in determining the result of your case. Don’t risk going it alone!

Contact us today if you need professional legal representation!

What is Bail and How Does it Work?

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How Does Bail Work?

Bail is a payment given to the court so a person doesn’t have to spend time in jail. More precisely, bail is a legal exchange with the arrestors or the court, extending people’s time before a legal proceeding.

There are two ways a person receives bail.

  1. The police post bail upon arrest.
  2. The court decides the bail amount.

If the court or the police responsible for the arrest have an undeniable proof for a heinous crime, each form of responder can refuse bail.

For context, bail amounts change depending on the severity of a person crime. For instance, a DUI costs less than drug possession. Here’s another layer: each state has different bail standards.

When a judge begins weighing up bail, he’ll also consider the civil and criminal history of the defendant.

Posting Bail

What does it mean to post bail? Put simply, posting bail means you pay your pail instead of going/staying in jail.

This happens the moment you’re sent into booking. An officer will either hand you a ticket explaining your bail, or you’ll have to wait. In some cases, your bail won’t be “posted” right away.

As mentioned above, if your crime is considered too serious by the judge, you might not have the option to post bail.

In these moments, before or after posting bail, you might want to contact your attorney.

Paying For Bail

You can pay in cash, by check, or other forms of currency to the court itself. This resolves you from your jail sentence but doesn’t save you from court proceedings.

If the cost of bail is too much, you might qualify for a bail bond.

Bail bonds are essentially credit loans to relieve the cost of bail. When you think about how bail works, you must realize that the actual money is credit owed to the court system for civil damages.

When a bail bondsman assists a defendant, they pay a portion of their bail up front (an amount that depends upon the bondsman) and make a defendant sign a written agreement.

This contract demands that defendants show up to their trial. If they don’t, they have to pay the bail in full. In some cases, an absent defendant has to pay the bail plus interest fees.

If finding a bail bondsman sounds risky, one has the option to depend on their insurance agency to perform the same function.

These fees fluctuate between agencies the same way bondsman costs vary district to district.

Additional Options

To avoid bail entirely, an outside force could make the case against the bond amount. For example, if the crime committed has not been fairly met with a bail amount, there’s cause for intervention.

In other scenarios, someone might convince the judge to release a defendant if there is reasonable cause. You can find some of these loopholes through having a conversation with an attorney you trust.

Issues and Concerns

An estimated 400,000 people in the US stay in jail because they can’t afford bail. Therefore, an issue surrounding the bail system is cost and effect on prisoners.

In some cases, people may be assumed culpable for crimes they didn’t commit because they weren’t able to pay bail.

Recent changes in bail laws in different states, which remove payment options, or add others on, might compel you to find an apt attorney to solve your bail problems.

Here are the current bail laws that you need to know:

  • Conditional release
  • Bail based on certain crimes

Let’s explore each of these items, giving you a headstart before you meet with your attorney.

Bail Based On Certain Crimes

If you or someone you love has committed a crime, you need to figure out how much your state charges them for release.

Furthermore, every judge determines bonds on a scaling system. This slider determines the amount the accused must owe.

If you’re unsure how much different crime is worth for bail, ask an attorney, or a law-office near you.

Conditional Release

Sometimes a judge or magistrate will release the accused instead of charging bail. Instances include:

  • When another puts the bail on an accused person that outweighs their risk to the community.
  • When the accused shows no remaining signs of a threat to a community.
  • When bail doesn’t sufficiently meet the charges set on the accused.
  • When a third-party can intervene, proving that release aids the upcoming proceedings.

There Is Someone On Your Side

You’ve asked how does bail work, and now you got your answer. With a basic knowledge of bail systems, their payment options, and legal proceedings, you’re off to a great start.

Still, you can make yourself even more secure.

At the end of the day, if you’re worried about how to pay your bail, you need a good attorney to show you the rest of the way.

Don’t be afraid to get your loved one out of a cell. What do you say? This is your chance to educate your friend and family. Make sure you are prepared before anything slips.

Go for it! Take the next step and contact us today for the consultation you need.

South Carolina’s Drunk Driving Laws: What You Need to Know

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When you’re arrested for drunken driving in South Carolina, there are several things that are going to happen that will cost you money. These include court appearances, fines, and fees. And these are just the main expenses if you’re a convicted drunk driver. By law, you will also have to pay for DUI school, drinking disorder evaluations, and a higher insurance premium.

A South Carolina DUI is a traffic offense, but it’s also a criminal conviction. It is considered one of the most serious misdemeanor offenses in the state’s magistrate and municipal courts. We encourage you to keep reading more below about SC DUI laws in case of an unwanted incident.

SC DUI Laws

South Carolina law prohibits a person from operating a vehicle while under the influence of alcohol or drugs. This is because at some point the person’s faculties to drive are impaired. You will be an outlaw if your blood alcohol content (BAC) is 0.08 percent or higher, despite the level of visibleimpairment.

This means that it is not necessary for a person to display the signs one would associate with someone who is under the influence. Under the South Carolina, DUI law section 56-5-2930 a person can still be arrested for driving under the influence even if their BAC level is below 0.08 percent. This is just by displaying signs consistent with a person who is under the influence.

Arrested and Booked

When an officer stops you on suspicion of DUI, they’re already building a case against you by observing your driving patterns. Reasonable grounds will allow the officer to request you to perform a sobriety test and that you submit to a chemical test.

This test is required by the South Carolina Implied consent law section 56-5-2950. If you refuse to submit to a chemical test you will be informed of the penalties for test refusal, even if this does not mean your guilty of a DUI.

A final refusal to a chemical test can result in a 6-month license suspension. And if you have a prior alcohol-related conviction or suspension within the preceding ten years, you risk a 9-month suspension.

Underage Penalties

SC DUI laws prohibit anyone under the age of 21 to operate a vehicle with a BAC greater than 0.02%. This is translated to South Carolina’s “zero tolerance” law, which states that if this law is broken the underage person will face an automatic suspension of their licenses for three months or six months (if there’s a prior alcohol-related conviction).

What Happens After I’m Charged?

You’d have to spend the night in jail and bond out the next day. When you’re charged with a DUI you have three options when it comes to facing charges.

  1. You can choose to plead guilty in magistrate court and accept the penalties that come with the charge.
  2. Ask for a bench trial (you’d face a magistrate judge and the arresting officer would serve as a prosecutor).
  3. Request a jury trial (this moves the case to a general sessions court and a prosecutor is assigned to replace law enforcement).

If you plead guilty or have a bench trial, the case can be resolved quickly. But, requesting a jury trial results in a delay. According to an article published in Greenville Online, DUI cases take around six to nine months in Greenville County and closer to a year in Pickens County.

The penalties for a DUI conviction in South Carolina can be severe. After a first-time DUI offense, for example, the state can carry a mandatory jail sentence depending on the breathalyzer results.

What Evidence Does The Prosecution Need to Get a DUI Conviction?

South Carolina law has strict requirements for proving evidence against people accused of a DUI. In 2009, the state approved a video recording amendment that requires field sobriety and breath tests to be recorded on video.

How a First Offense DUI Looks like

If you get convicted and you’re a first-time offender you can face anywhere from 48 hours to 90 days in jail, depending on your BAC at the time of the arrest.

A second offense DUI is punishable by up to 1 year in jail, a $5,100 fine, and a 1-year revocation (BAC under 0.10%). Your third offense is punishable by up to 3 years in jail and includes a $6,300 fine and 2-4 year revocation.

Ignition interlock may be required after your license period suspension ends. This device requires you to blow into it to show that you’re not impaired before turning on a vehicle.

Treatments After Convictions

Depending on the severity of your DUI conviction, you will be required by the state to enroll in the Alcohol and Drug Safety Action Program. This program requires you to get an alcohol and drug assessment and follow the recommended treatment.

There are over 40 different drug treatment centers in the state of South Carolina more than equipped to help you. The programs help to ensure that you don’t repeat a misdemeanor and avoid being pulled over again. Under SC DUI laws, a trained counselor will also test your pattern of alcohol consumption to determine whether you have an alcohol abuse disorder.

Terms of Probation

Another form of treatment is through community service. When you’re a first-time offender you may be eligible to do community service instead of serving jail time.

Under South Carolina law, the number of hours dedicated to community service is equal to the amount of jail time that would have been required. Remember that the penalties listed above can differentiate based on your BAC of the moment you were stopped by an officer.

For example, the state’s legislature removed the possibility of substituting community service hours for jail time for second-time offenders. If you are convicted of a second DUI you will be required to spend five to 30 days in jail, depending on your BAC.

Consequences of a DUI

Although South Carolina categorizes a first DUI offense as a misdemeanor, you should not underestimate the serious consequences of that first DUI arrest or conviction.

When you’re charged you need to understand the SC DUI laws so you can prepare for the long process of probation fees and terms. Act quickly and consider contacting a DUI attorney who can help you get familiar with the issues associated with your charge.

Don’t hesitate to visit our web page for more information on our team of legal experts and contacts us today for a free consultation.

The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.

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