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In the eyes of South Carolina law, an overt act is an action or behavior linked to a crime. The act can be seemingly innocent but part of the preparation or active furtherance of criminality. Prosecutors can present the act in court as evidence of a defendant's...
Your criminal case did not work out in your favor. A South Carolina jury declared you guilty. However, you don’t think you got a fair chance. You might have grounds for criminal appeals if your attorney’s assistance wasn’t up to par. The court decides if you can claim...
Ineffective assistance of counsel is a term used by a defendant when their attorney fails to perform their duties competently. It's a violation of the Sixth Amendment that calls for a fair trial. In a successful claim, the jury often overturns the conviction. In South...
Probably the most significant difference in the outcome of South Carolina legal matters is how civil cases and criminal cases finally arrive at a verdict. That controlling legal principle is the standard for the burden of proof. There are effectively two levels of...
The Supreme Court established the Dirks Test in 1983 to have a consistent way of determining whether someone is guilty of illegal insider trading. The Dirks Test is also known as the personal benefits test. If you are under investigation for securities fraud in South...
White-collar crimes in South Carolina cover several categories of nonviolent, illegal financial activities committed for the defendant's benefit. These activities have the goal of deception, which often occurs through omission, lying, and misrepresentation....
Ponzi schemes and pyramid schemes are both white-collar crimes, and although they can appear similar, they have several differences. Individuals in South Carolina may be interested to learn what distinguishes each scheme. What is a pyramid scheme? A pyramid scheme is...
People in South Carolina who are facing conspiracy charges in state or federal court might face prison sentences and stiff fines if they are convicted. People might still be charged with this offense even if the act was not completed as long as one or more of the...
If you're convicted of a crime in a South Carolina court, you are generally allowed to appeal the decision. In the event that a serious error is made during trial, it may be the basis for your appeal. This may be true even if the error was not brought to a judge's...
There is a broad array of different white-collar crimes that are charged by the federal government in South Carolina and elsewhere across the United States. Mail fraud is one such federal crime that carries significant consequences and penalties. Definition of mail...