Former Anderson County councilman charged with mail fraud

On behalf of Anderson Law Firm posted in White Collar Crimes on Friday, April 13, 2012

A former Anderson County, South Carolina, councilman has been federally charged with mail fraud for allegedly spearheading a silver Ponzi scheme. According to police, the former councilman sold silver investments and told investors that the silver would be held at a Delaware depository. After investigation, police allege the depository had no records of the councilman's business or the silver he sold. The councilman's charge is a felony, carrying a maximum sentence of 20 years in prison and a $250,000 fine.

Criminal charges like this that tend to deal with complicated financial and technological transactions are called white collar crimes. Since white collar crimes typically do not involve violence, victims usually focus on recouping their economic loss.

Therefore, many defendants facing white collar crime charges might be able to avoid trial and criminal penalties by coming to an economic agreement with the victim.

Serious punishments for white collar felonies require that the accused obtain the best defense possible. Since these offenses are complicated, a successful defense will pick apart the prosecution's theory, forcing them to prove every element of the crime. Many of these crimes require the prosecution to show a defendant had intent to commit the crime or had knowledge that the crime was occurring. Mental states are hard to prove, and a strong defense will know how to attack arguments to the contrary.

Criminal charges carry more than penal system repercussions. Business men and women who find themselves facing white collar criminal charges will also have to deal with the media, which ultimately holds their reputation in its hands.

For those of us who deal with several complicated financial transactions in South Carolina, it is important to know that charges can come at any time from almost anyone. For the man in this case, a staunch defense will be important should he desire to attempt to challenge the allegations or obtain a reduction in charges or sentence.

Source: GoUpstate.com, " in silver scheme," Mike Ellis, April 4, 2012

Tags: White collar crime, criminal defense

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Florence councilman charged with misdemeanor

On behalf of Anderson Law Firm posted in Misdemeanors on Thursday, June 7, 2012

A Florence councilman and mayoral candidate has been arrested and charged with a misdemeanor for knowingly and willfully resisting arrest. The criminal charge comes after the man allegedly started arguing with the manager of a grocery store after the manager refused to sell alcohol to him. Police claim that after they arrived on the scene the councilman refused to identify himself.

He allegedly continued to refuse to reveal his identity even after being told he would face a resisting arrest charge if he failed to comply with police orders. As a result, the councilman was arrested and charged. The penalty for the charge is a $469 fine. The councilman calls the incident a misunderstanding and is seeking a jury trial.

Though misdemeanor offenses are considered lesser crimes, they can still carry serious and lasting consequences. Penalties for misdemeanor charges may include fines, jail and long-term marks on one's criminal background. Since these penalties can have a severe impact on one's life, it is important that someone accused of a crime has an adequate criminal defense.

A proper criminal defense attorney will first seek to have misdemeanor charges dismissed. In many instances, like the councilman's, misunderstandings lead to false arrests. An ability to accurately describe these misunderstandings to the court can go a long way in getting charges dismissed or reduced.

If charges cannot be dismissed, then a competent criminal defense attorney will seek to have jail time eliminated or reduced and fines removed. A court may be more lenient on first time offenders and this should be taken into consideration when preparing a defense.

Source: SCNOW, "Florence mayoral candidate Robinson arrested following April 10 incident," John Sweeney, May 30, 2012

Tags: Florence, criminal charges, criminal defense, misdemeanor

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Two arrested in South Carolina and charged with murder

On behalf of Anderson Law Firm posted in Criminal Defense on Monday, June 11, 2012

South Carolina police claim they, with help from community tips, have solved a 6-year-old murder and armed robbery case with the arrest of two people. Police claim the two people shot a man in the upper body, resulting in his death, weeks after they robbed a local general store. Each of the accused has been charged with murder, two counts of armed robbery, two counts of kidnapping and burglary.

In instances like this, both the community and law enforcement are eager to find justice. This hunger can lead to hasty arrests that result in unjustified criminal charges and wrongful criminal convictions. The seriousness of these situations requires individuals accused of crimes to seek out a competent defense team.

One way a defense team can approach a case like the one is to question the community tips that led to the arrest of the suspects. Though information received through hotlines and door-to-door questioning can be reliable, personal grudges, feuds, inaccurate or dishonest information may mean investigators receive false information. Investigators desperate for an arrest may also pressure individuals to give them answers. However, that information may not be reliable. It would be unfair for a person to be convicted based on these questionable tactics.

People who face accusations, especially when facing serious charges, deserve a thorough trial. A proper defense will attack many areas of a prosecution's case including physical evidence, motive and witness credibility. A criminal defense attorney will also work to ensure an individual's rights remain protected. Only then can the legal system truly find justice.

Source: WISTV, "Suspects arrested in 6-year-old murder, armed robbery," Jeremy Turnage, June 7, 2012

Tags: criminal charges, criminal defense, murder

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Two South Carolina men charged in separate burglaries

On behalf of Anderson Law Firm posted in Theft And Property Crimes on Monday, June 18, 2012

Police in nearby Johnsonville have arrested two individuals they claim are responsible for two different burglaries. Criminal charges for property crimes such as theft and burglary are quite serious. Any conviction, but especially those classified as a felony, can lead to long prison sentences and large fines.

In one case, the accused was apprehended when police found him walking away from a grocery store after the store's alarm had been set off. That same day police claim the man also illegally entered a house through a broken window. Witnesses say they saw the man leaving that house with a bloodied hand, an injury supposedly sustained when breaking into the residence.

In the second case, Johnsonville police traced serial numbers on recovered stolen property back to a pawn shop and determined who had sold the items. Police questioned a friend who allegedly confirmed that the accused was responsible for taking the items, two televisions and a laptop computer.

One way to avoid unjust penalties for property crimes is to disprove or discredit any witness statements. Since most property crimes occur at night, few witnesses, if any, truly see the crime taking place. Yet, even those who do claim to have observed the crime could mistake the individual's identity on account of darkness, distance or simply poor recollection. Witnesses could also hold a personal grudge against the accused that could result in an unjust identification.

Witnesses may also jump to conclusions. In the first case in Johnsonville, for example, none of the witnesses appear to have actually seen the accused enter or exit the home, but rather assumed he had broken into the residence based on his injured hand.

Witness credibility and inaccuracy can lead to false and unjust convictions. People accused of property crimes deserve a fair trial free from assumptions on the part of witnesses.

Source: SCNow, "Officers arrest two in separate burglary cases in Johnsonville," Matt McColl, June 7, 2012

Tags: South Carolina, conviction, criminal charges, criminal defense, penalties, theft and property crime

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Elderly South Carolina man charged with felony DUI after crash

On behalf of Taylor Law Firm, LLC posted in Felony DUI on Thursday, April 5, 2012

An 84-year-old South Carolina man was recently charged with DUI after his SUV collided with a stopped motorcycle. Most DUI charges are misdemeanors, but since the motorcyclist was seriously injured in the crash, the 84-year-old now faces a charge of felony drunk driving.

According to police, the elderly man's SUV was moving at about 20 miles per hour when it collided with the motorcycle that was stopped at a traffic light. The 29-year-old on the bike was said to have suffered pelvic fractures and was taken to a local hospital.

The accident report claims the elderly man was facing a green arrow that directed the SUV to head straight on the roadway. But instead of going straight, the 84-year-old apparently turned left into the direction of oncoming traffic, colliding with the motorcycle that was stopped at another traffic light.

The elderly man was not injured in the crash. Police apparently administered a sobriety test, which showed his blood-alcohol content to be 0.13 percent, which is over the legal limit to drive. But readers in the Columbia area may know that such tests are not always accurate. For his own defense, the SUV driver may want to take steps to determine whether the arresting officers administered the blood-alcohol test properly.

Still, since a serious injury resulted from the accident, prosecutors will aggressively pursue the felony charge against the 84-year-old. If convicted, he could face up to 25 years in prison. Such a heavy penalty highlights the importance of taking a close look at the circumstances of an arrest. Police reports almost always point toward conviction, but there often exist mitigating factors that could result in a reduction of charges.

Source: The Post and Courier, "Man, 84, arrested on felony DUI charge after crash with motorcyclist," Andrew Knapp, April 2, 2012

Tags: DUI defense, blood-alcohol tests, drunk driving accidents, felony DUI

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