Being Charged With Domestic Violence

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Domestic violence is one of the most serious criminal charges. The negative stigma and financial penalties associated with domestic violence charges can damage your career and destroy relationships with friends and family. If you have been charged with domestic violence, it is very important that you understand the basics of the law and consult with an Attorney Aaron De Bruin. In the state of South Carolina, a new law regarding domestic violence went into effect on June 4, 2015. The main difference between the old law and the new law is that the old law increased penalties based on the number of offenses committed, while the new law increases penalties based on the severity of the incident, making it tougher on first time offenders.

The New Domestic Violence Law

Under the new statute, the victim and accused must be male and female and must either be married, live together, used to live together, or have children in common. In order for a charge of domestic violence to be filed, the accused must either actually physically harm the victim or threaten to harm the victim in such a way that a reasonable person in the victim’s shoes would have feared immediate harm. If the accused is charged under threatening the victim, then they must have had the ability at that moment to harm the victim. If the parties to an incident do not meet these criteria then the charge of domestic violence is not issued. Generally, as in the case of LGBT couples, the incident will be filed as an assault or something similar.

Penalties For Domestic Violence

If all the above requirements are met, then the accused person will likely be charged with a third degree domestic violence charge under the new law. A third degree charge is a misdemeanor offense punishable by up to 90 days in jail and a $2,500 fine. The more serious second degree charge must meet additional criteria. A second degree charge may be issued if the victim:

  • Is unconscious;
  • Is disfigured;
  • Temporarily loses control of limbs;
  • Temporarily loses organ functionality;
  • Requires anesthesia;
  • Has fractured or dislocated bones;
  • Requires multiple medical treatments; or
  • Requires serious medical attention.

Additionally, a second degree charge may be issued under the following conditions:

  • The accused already had a domestic violence charge on their criminal record;
  • The accused violated a court-issued restraining or protective order;
  • If the accused knew or should have known the victim was pregnant;
  • A minor witnessed the incident;
  • The accused trespassed to get to the victim;
  • The accused restricted the victim’s breathing;  or
  • The accused denied the victim access to a communication device.

A second degree charge is also a misdemeanor offense, but is punishable by up to three years in jail and $5,000 fine. A first degree domestic violence offense is even more serious and may be issued if:

  • The accused has two or more domestic violence charges within the past 10 years;
  • The accused caused or could have caused serious injury on the victim’s body; or
  • The accused used a firearm.

Contact An Attorney When Charged With Domestic Violence

Finally, the most serious domestic violence charge is “Domestic Violence of a High and Aggravated Nature.” This charge is a felony and can result in up to 20 years in prison. In these cases, the victim is at serious risk of death or disfigurement or a deadly weapon is used. All of these charges are quite serious and if you are in South Carolina and have been charged with domestic violence you need knowledgeable legal representation. Allow the attorneys at the De Bruin Law Firm to represent you and handle your case in this difficult time.

South Carolina Current Marijuana Possession Laws

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As attitudes about cannabis consumption loosen across the United States, criminal penalties for possessing illegal substances are also becoming less strict. It is difficult to keep up with all the recent changes in legislation. Let’s take a look at what the penalties for drug possession are currently (as of September 2015) in the state of South Carolina.

Penalties Based On Amount Of Drug In Possession

As in most states, penalties are assessed based on the weight of the substance in possession. In South Carolina, there are three main categories of penalties for illegal substances: possession, sale, and manufacture. Possession is merely having the substance on your person. Sale, or trafficking, is distributing the substance to others. It is important to note that trafficking does not, by law, necessarily entail an exchange of money. It is common for those caught with small quantities of drugs to claim they are holding it for a friend. However, holding the substance with the intent to distribute it to your friend can constitute sale which is a more serious charge than if you simply had the drugs in your possession. Manufacture is producing or growing a substance. In general, intent is determined by the quantity of drugs present.

Charges For Possession Of Cannabis

Possession of under an ounce of cannabis is treated as a possession-level offense. This is a misdemeanor charge punishable by up to a year in jail and an up to $200 fine. It is very common for a judge to grant a young or first-time offender deferred adjudication. This essentially means the accused must complete a probation program and their charge is dismissed upon successful completion of the program. Paraphernalia charges are an even more minor offense, punishable by a fine of up to $500.

South Carolina has some of the most stringent drug laws of any state as the courts have decided possession of any amount of cannabis over an ounce exceeds the limits for “personal use” and is enough to constitute trafficking. A trafficking charge is a felony charge and is punishable by up to five years in prison or a $5,000 fine. Penalties increase again at 10 pounds, with up to 10 years in prison and a $10,000 fine for first time offenders. Again, at 100 pounds penalties increase to up to 25 years in prison and a $25,000 fine; at 2,000 pounds the fine limit increases to $50,000 and increases again at 10,000 pounds to $200,000. Regardless of the amount, anyone caught selling marijuana to a minor or within a “drug-free zone” can be charged with a felony and imprisoned for up to 10 years and fined up to $10,000.

Most serious of all are manufacturing or cultivation charges. If someone is caught with any number of plants in their possession they face a felony charge with up to five years in prison and a fine of up to $5,000. Over 100 plants and they will go to prison, possibly up to 25 years and additionally may be fined up to $25,000.

You Need A Criminal Defense Attorney

As national views on cannabis consumption continue to progress, penalties will likely become more lenient. However, if you have charged with possession of marijuana it is important to treat it like the serious legal issue that it is. You need knowledgeable and competent representation to help you avoid criminal penalties and mitigate the damage to your finances and reputation. Contact the Criminal Defense Attorneys at the De Bruin Law Firm today for a consultation.

Miranda Rights

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Anyone who has seen an episode of Law and Order knows if you are arrested, a good lawyer will get you off on a technicality if the police did not read you your rights, right? Well, the truth is not so clear. If you are arrested, the police are required to read you your rights. However, if they fail to do so, any testimony you give will be inadmissible as evidence. If there is enough evidence to convict you of the crime regardless of your testimony, then you still may be convicted of the crime.

The History Of Miranda Rights

Miranda rights were established in the landmark 1966 Supreme Court case Miranda v. Arizona. Ernesto Miranda was arrested in 1963 in Arizona on suspicion of being involved in the kidnapping and rape of an eighteen year old girl. After two hours of interrogation, Miranda confessed to the crime. Miranda was never told of his right to counsel, his right to remain silent, or informed his statements would be used against him. Miranda’s attorney claimed that his confession was not truly voluntary and should be inadmissible as evidence. The Supreme Court upheld this opinion and overturned Miranda’s conviction. Unfortunately, additional evidence was gathered against him and he was ultimately found guilty of the crime.

After the Supreme Court overturned Ernesto Miranda’s conviction, police departments nationwide were required to inform anyone who was arrested of their rights. Today the decision seems sensible. Everyone deserves a fair trial, and a trial cannot be fair if the defendant does not know the rules. However, at the time, the decision was controversial as it was seen as a boon to suspected criminals. Many people felt it gave a poor perception of police.

Do Police Have To Read Me My Rights?

There are a few places where the reality of Miranda warnings differs from what is commonly portrayed on television. You can be arrested without having your rights read to you. The rights are focused on interrogation and questioning. If you are not being questioned, law enforcement may not read you your rights. If they decide to question you later, they will read you your rights at that time. Miranda rights are also sometimes waived in the interest of public safety.

Before law enforcement interrogates a suspect, they must inform them of the following rights:

You have the right to remain silent;

  • If you do say anything, it can be used against you in a court of law;
  • You have the right to have a lawyer present during any questioning; and
  • If you cannot afford a lawyer, one will be appointed for you if you so desire.

If you have been arrested, be sure to know and exercise your Miranda Rights. If you are being questioned by the police, remain respectful and silent. If you need an attorney, our criminal defense team at De Bruin Law Firm is willing to help. If you have been suspected of a crime, you need professional and competent legal representation. Contact us today and let us offer our support in this difficult time.

Landmark Fourth Amendment Cases

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The Fourth Amendment is the right of the people to be secure in their persons, houses… against unreasonable searches, and is an important right. Americans want to feel safe in their homes and do not want police constantly involved in their daily lives. On the other hand, Americans want to be safe from crime and terrorism. There is a difficult and controversial balance between these two perspectives, and there has been since this nation was founded.  Let us look at three important cases dealing with Fourth Amendment issues.

Mapp V. Ohio

In the 1961 case, Mapp v. Ohio, the Supreme Court decided that any evidence obtained in violation of the Fourth Amendment would be deemed inadmissible in court. Dollree Mapp was suspected of hiding a bombing suspect. Police knocked at her door, but she did not answer. Eventually, police forced their way in. Once they breached the doorway, Dollree demanded to see their warrant. She placed the warrant in her bra. The warrant was destroyed when the police tried to retrieve it. The police found pornography in the home (a crime in that archaic time) and charged Mapp with possession of lewd material. The prosecuting attorney did not have the warrant to present as evidence. Ohio convicted Mapp, the Supreme Court overturned the conviction and ruled any evidence gathered in violation of the fourth amendment is inadmissible.

Katz V. US

The 1967 Supreme Court case Katz v. United States is another major fourth amendment case. Charles Katz sent illegal betting wagers through a public pay phone booth. The FBI recorded his calls, and the recordings were used as evidence against him in trial. The Supreme Court decided that this evidence was inadmissible as Katz believed he has a “reasonable expectation of privacy” when making the phone calls. The Supreme Court dictated that any conversation made with a reasonable expectation of privacy is protected under the Fourth Amendment and that wiretapping constitutes a search.

Terry V. Ohio

Terry v. Ohio is a 1968 Supreme Court decision upholding “stop-and-frisk” policing. John Terry and two other men were walking around suspiciously in front of a building. A police officer approached them and found a pistol in Terry’s pocket. He ordered the three men inside the building and patted them down. He found a weapon on one of the other men. Terry and his armed friend were charged with carrying concealed weapons. The Supreme Court ruled that Terry’s search was reasonable and justified by the need to protect “the police and others nearby.” Since this case, there have been many other cases addressing the issue of when it is okay for an officer to search a suspect.

The Fourth Amendment is an important protection. If you feel your Fourth Amendment rights have been violated, you need effective legal representation. Many cases hinge on Fourth Amendment rights being handled properly. The police have a duty to behave by the standards set by the constitution, but sometimes they do not always follow the rules. The De Bruin Law Firm has experience helping people in difficult situations. Let us help you with your case, contact Greenville Defense Attorney Aaron De Bruin about your case today.

Know Your Rights When Stopped By Law Enforcement

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Being stopped by law enforcement can be a frightening experience, especially given the recent media coverage of incidents of police brutality. There are many reasons why an officer might stop you: they may wish to question you, they may suspect you have committed or witnessed a crime, they may suspect you are possession of illegal substances. In any situation, it is important to remain calm and respectful.

If You Are Stopped For Questioning

As outlined by the ACLU, you are not legally obligated to answer any questions. Even if you witness a crime, you are generally not obligated to report it. The notable exception in South Carolina is if you were to witness a crime against a child while acting in a professional capacity. In most cases it is best to be cooperative with police, but always keep your own best interest in mind. If the police believe you have committed a crime, you can be arrested and taken to jail. Even if the charges are eventually dropped, it can be a damaging experience.

Do:

  • Ask if you are free to leave;
  • Calmly walk away; and
  • Be polite and respectful.

Do Not:

  • Attempt to flee;
  • Confront the officer; or
  • Provide false information.

If you are stopped and questioned, you have the right to remain silent. If you are stopped, law enforcement may ask to search you. You have the right to refuse to be searched. Simply state “I do not consent to a search.” The officer may proceed with the search if they have reasonable cause they will find evidence of a crime. If the officer believes he finds evidence of a crime, you may be arrested according the South Carolina Code of Laws SECTION 17-13-30:

The sheriffs and deputy sheriffs of this state may arrest without warrant any and all persons who, within their view, violate any of the criminal laws of this state if such arrest be made at the time of such violation of law or immediately thereafter.

Contact An Attorney If You Are Arrested

You have a right to know why you are being arrested. You have the right to ask what you are being charged with and the officer is required to answer. Do not resist arrest, doing so will only make the situation worse and you may face additional criminal penalties. It may be difficult, but try to record as many details of the arrest as possible. You can ask for the officer’s badge and patrol car number. If you feel your rights were violated, you can file a complaint.  If you are arrested, you have the right to an attorney and should contact one as soon as possible. While you are speaking with your attorney, you have the right to confidentiality. Police officers are not allowed to listen in on your call if you so request.

You will need knowledgeable and competent legal guidance to help with your arrest and any charges you may face. Aaron De Bruin is a Greenville defense attorney dedicated to helping clients who are facing difficult legal challenges. Call us today, or schedule a consultation with our attorneys now if you are facing criminal charges or have been arrested.

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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