Carolina del Sur DUI leyes: councilman

Saturday, August 25, 2012

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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Friday, August 17, 2012

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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