Blog
Warrantless Searches Based on Outstanding Warrants Permitted
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...
Read more >>States Cannot Criminalize a Defendants’ Refusal of Blood Test in DUI Arrests
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...
Read more >>Juveniles Convicted and Sentenced to Life Imprisonment
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....
Read more >>Phone App That Assists Drunk Drivers Launches in SC
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...
Read more >>Driving Privileges Under Suspension for Accumulating Too Many Points
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...
Read more >>The Youthful Offender Act in South Carolina
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...
Read more >>The Effect of Having an Identifying Code on Your License After Being Convicted of a Crime of Violence
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...
Read more >>Workers Compensation for Back Injuries
Workers Compensation for Back Injuries The Facts About Workplace Back Injuries Back injuries on the job are reported as the most common reason for workplace absenteeism, which can result in loss of wages and opportunities for millions of workers. Recent figures from the US Department...
Read more >>