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Warrantless Searches Based on Outstanding Warrants Permitted

Blog 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 someone without suspicion, an arrest warrant entitles them to […]

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

Blog 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 on to say that states can force suspected drunken […]

Juveniles Convicted and Sentenced to Life Imprisonment

Blog 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. Alabama, 567 U. S. ___ (2012), that mandatory sentencing schemes requiring that “all […]

Phone App That Assists Drunk Drivers Launches in SC

Blog COLUMBIA, SC (WLTX)- It’s called Duey Dialer, and it’s here in the Midlands. The app is available for free download in eight states, including South Carolina. But it’s stirring up controversy because of its target audience: drunk drivers. You download the app, and if you’re ever pulled over for a DUI, you press the […]

Driving Privileges Under Suspension for Accumulating Too Many Points

Blog 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 driver’s license upon a showing that the licensee has […]

The Youthful Offender Act in South Carolina

Blog 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 criminal conviction follow you for the remainder of your […]

Workers Compensation for Back Injuries

back injury workers comp

Blog Workers’ Compensation for Back Injuries: What You Need to Know Blue- and white-collar workers alike are susceptible to back injuries. While those with jobs that require extensive physical labor are most likely to suffer from a back injury, employees who spend most of their workday at a computer have also reported injuries severe enough […]

Charged with a DUI in South Carolina?

Blog Dealing with a South Carolina DUI Charge If you’ve recently been pulled over for a traffic violation and charged with Driving Under the Influence in South Carolina, try not to panic. Every year, South Carolina rakes in billions of dollars from citizens in the form of traffic tickets and DUI’s. With the average DUI […]