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Criminal Defense

Warrantless Searches Based on Outstanding Warrants Permitted

Date: September 14, 2016

In a recent 5-3 decision, Utah v. Strieff, the United States Supreme Court ruled that police can seize evidence from an unconstitutional search so long as the person has an outstanding arrest warrant. The High Court ruled that even if police violate the Constitution by stopping...

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States Cannot Criminalize a Defendants’ Refusal of Blood Test in DUI Arrests

Date: September 14, 2016

In a recent decision, the United States Supreme Court held that states cannot criminalize the refusal to take a blood test without a warrant, but also ruled that it was acceptable for states to punish the refusal to take a breath test. The Court went...

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Juveniles Convicted and Sentenced to Life Imprisonment

Date: February 2, 2016

Montgomery v. Louisiana For the second time in 4 years, the United States Supreme Court handed down a major ruling in an Eighth Amendment juvenile sentencing case with its decision in Montgomery v. Louisiana (2016). Miller v. Alabama In 2012, the Court ruled in Miller v....

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Driving Privileges Under Suspension for Accumulating Too Many Points

Date: November 23, 2015

Are your driving privileges currently under suspension for accumulating too many points? If so, call the law offices of Bernstein & Bernstein, LLC, because you may eligible for a special driver’s license. Under South Carolina law, the Department of Motor Vehicles may suspend a person’s...

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The Youthful Offender Act in South Carolina

Date: November 23, 2015

Are you currently facing criminal charges in  General Sessions Court that are punishable by a term of imprisonment in the Department of Corrections? Have you exhausted all diversionary programs from Pre-Trial Intervention (“PTI”) to a Conditional Discharge plea? Are you worried about having up a...

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The Effect of Having an Identifying Code on Your License After Being Convicted of a Crime of Violence

Date: November 23, 2015

When you ask someone about the possible reasons that a person could lose his or her driver’s license, most people think of – Unpaid traffic tickets A DUI conviction Accumulation of  the maximum number of points allowed What most people don’t know is that if...

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If You Have Been Charged with Drug Possession, What Are Your Options?

Date: November 23, 2015

What Are You Charged with and Where Are You Located? Punishments for those arrested and charged with drug possession can vary greatly.  If you are found guilty of having only a small amount of illegal drugs on your person or in your vehicle, your punishment...

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What Should You Do If Charged with Possession of Drugs?

Date: November 23, 2015

Call a Criminal Defense Attorney The first thing you should do if you are charged with possession of drugs is call an experienced criminal defense attorney.  Whether you are in Columbia, South Carolina or in any other state in the nation, only a lawyer with...

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Criminal Defense Lawyers – Your Best Defense!

Date: November 23, 2015

Finding the best criminal defense lawyer in your area is the most important decision that you have to make before entering the court room. Your criminal defense lawyer is the warrior in your corner, proving your innocence if humanly possible, and if not, fighting to...

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How to Select the Best Criminal Defense Attorney in Columbia, SC

Date: November 23, 2015

The Consequences of Misdemeanor and Felony Crimes If you have been charged with a crime, whether a felony or misdemeanor, it is important that you select an experienced criminal defense attorney to protect your rights and argue your case.  Many people do not realize how...

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