Assault & Battery First, Second, or Third Degree
South Carolina divides the crime of Assault & Battery into several different “degrees.” Assault and battery is defined as the act of harming or attempting to harm an individual. Assault & Battery, 3rd degree (Simple Assault) is codified in S.C. Code §16-3-600(E). A person commits the misdemeanor offense of assault and battery in the third…Read More
Trucks, Trucks, and more Trucks
There seem to be more and more trucks on the highways these days. Whiles that bodes well for the economy, truck traffic does raise concerns about safety. Whether you call them semis, tractor-trailers, 18-wheelers, semi-trucks, or just big trucks, they are a force to reckon with and no one wants to get hit with one.…Read More
Have you ever tried to drive a nail with a pair of pliers or screw in a screw with a pocket knife? The right tool makes all the difference. Lawyers use tools to do their jobs too. A lot of the tools that attorneys use are stored in their brains. Trying to represent yourself in…Read More
Got Insurance? Got Knowledge?
As a lawyer who has litigated with insurance companies in many cases that revolved around whether there was insurance coverage on a motorized vehicle that was involved in a wreck, I was recently surprised to hear a judge say that, “Either he had insurance or he didn’t.” Granted, this particular judge was presiding over a…Read More
Last Will & Testament
To grasp the significance of a Last Will & Testament (Will), you need to understand what happens to your property after you die. Upon your death you no longer “own” anything, but, of course, all the things you owned at the time still exist. The creates an entity called an “estate” that owns all your…Read More
Whenever two or more motorized vehicles collide, there is often damage to at least one of the vehicles and at least one or more of the people who were located inside the vehicles. Some folks call these incidents, automobile accidents, wrecks, collisions, or just accidents. I prefer wreck or collision because the word accident implies…Read More
In any litigation the parties have the right to conduct discovery. However, in family court in South Carolina the Court has to specifically grant you permission to pursue discovery. Yet the opposing party in a divorce, custody, child support case, or other similar case has the right to see your basic financial information because the…Read More
Driving under the influence of alcohol or drugs is not illegal, unless your ability to drive is impaired. Because everyone’s ability to drive without impairment after consumption of alcohol varies, each DUI case is unique. The basic approach of the law to proving this crime is to measure the amount of alcohol in one’s breath…Read More
In the Zone for court.
Presenting a case properly in court requires that you are organized, prepared, and able to recall facts quickly. It helps if you are “good on your feet.” I am sure you have heard of an athlete or performer getting in to their “zone.” While in that state they are able to perform at the top…Read More
Legal Nuggets- Wrongful Death Although death is inevitable, many deaths come sooner than they should. A “wrongful death” is one that results from negligence, carelessness, incompetence, malpractice, avoidable-accident, neglect, assault and battery, recklessness, and other malfeasances by third-parties. I have handled many types of wrongful death cases over my twenty-plus years of practicing law. If…Read More