Current Feed Content from 27 Nov 08 12:37
Charleston Brig Expanding to Hold Alleged Federal Terror Suspect
Sun, 16 Nov 2008 07:16:15 -0500The future of the Guantanamo Bay detention center is being positioned to be shut down in the coming year. The center is used to house individuals charged with alleged acts of terror against the United States. The facility is placed outside of the United States becuase many of the activites conducted there are completely unconstitutional. Now, with the plan to shut it down, these detainees will have to be housed in another location. Most European countries will not allow a facility of this type, so it must be placed in the United States.
The Charleston Naval Weapons Station has been used in the past to hold enemy combatants that are awaiting prosecution or possible freedom. Many of these individuals that are being held do not have any pending federal charges. There is no federal detention center in South Carolina, so federal defendants are held in local jails pending trial. The Charleston Courier and Post has reported that Sentor Graham is opposed to using Charleston Naval brig as a holding facility. Graham has stated that the detainees should be housed in a facility designed for detaining such suspects. The problem here is that Guantanamo was never designed to hold prisons of war or alleged terror suspects. The big fear about having these suspects here in the United States is that they will have better access to the courts and their lawyers if they can get one.
Our federal defense attorneys in South Carolina have previously attempted to represent several of the suspects in Guantanamo to no avail. The lawyers that are representing many of these individuals are approved by the United States Justice Department prior to being allowed to represent the defendants. Many defendants are being released and allowed to return to their respective countries. Finding a good federal criminal defense attorney is very important to any federal indictment.
Family Law: Divorce in today's real estate market
Mon, 03 Nov 2008 18:26:43 -0500The real estate market is changing divorce law in south carolina. Family law attorneys in Myrtle Beach, Conway, and Charleston are modifying their practices in order to adjust to today's housing market according to an article published in South Carolina Lawyers Weekly.
In many divorce cases, the marital home is the major asset sought by both parties. However, now there are situations where there is not any equity left in the home and both parties are seeking to get out of the debt. In the past, it was easier for one side to get a loan to buy the other side out, now parties getting a divorce are faced with the alternative of putting the home up for sale in an unstable market.
In these uncertain economic times, mediation can be a great alternative to an expensive trial in many cases. Every family lawyer in the Myrtle Beach area knows that mediation is mandatory in Horry County. Mediation provides relief for many clients, a good family attorney in Myrtle Beach, Conway, North Myrtle Beach and Georgetown can assist you with mediation in your divorce case.
O.J. Simpson Goes to the Appellate Courts
Sun, 02 Nov 2008 09:27:17 -0500O.J. Simpson's case is now headed for the appellate courts of Nevada. His motions for a new trial were denied this week and he is going to need a very good appellate attorney to file a brief and argue his case. O.J. has yet to be sentenced by the trial judge. If he is given a small prison sentence he may not aggressively appeal his case. O.J.'s criminal defense lawyers have already raised several issues that will be addressed by a good appellate attorney.
One of the first issues that was raised related to the jurors bias towards O.J.. The jury selection process gives attorneys the opportunity to have jurors hear a case without any preconcieved opinions about the defendant or the case. In O.J.'s case there are allegations that many jurors had strong opinions about O.J. and his prior murder trial. The opinions of jurors affect the trial process and prohibit an unbiased review of the evidence that is presented in trial. This issue can be a basis for a reversal of O.J.'s conviction. A good appellate attorney will be able to provide ample case law to support the appeal related to jury selection and information that jurors may not have provided in the initial voir dire.
Our office practices appellate law in federal courts and state courts. Our Federal Appellate Attorney is more than capable in many jurisdictions. We also offer appeals in South Carolina, Georgia and Florida.
Bill Murray's Divorce Settles Quickly
Sat, 01 Nov 2008 10:33:07 -0500A month after filing for divorce in Charleston, South Carolina, Jennifer Butler Murray and Bill Murray have reached a marriage settlement agreement. Murray's ex wife had filed a divorce complaint in Charleston, South Carolina alleging abuse, adultery and habitual drunkeness. She also requested a restrining order against him. However, there was a prenuptial (prenup) agreement between the two parties which stated that Bill Murray's wife would receive seven (7) million in the event of a divorce.
Prenuptial agreements are generally enforceable and valid. The court will declare a prenup invalid in only a few specific circumstances. For example, if you are presented with a prenup on the day of your wedding, the court may view the agreement as unenforceable. Duress is one of he factors the courts will consider when examining the validity of a prenuptial agreement. Additionally, if the party drafting the agreement did not give full and fair disclosure of their assets, the court may void the agreement based on fraud. The party drafting the agreement must also give the other party an opportunity to consult an attorney before signing it.
Child custody can never be determined in a prenuptial agreement. The best interest of the child governs the court. Child support can also not be waived in a prenuptial agreement. Therefore, Bill Murray's prenuptial agreement is enforceable, but he must pay child support for his children.
If you have a great deal assets, you may want to hire a family attorney to draft a prenuptial agreement. A divorce attorney will tell you that it should be drafted well before the marriage to be enforceable. Prenuptial agreements are enforceable in South Carolina. An experienced family attorney in south carolina can draft an agreement that will be valid.
Loris Woman Charged with Embezzlement
Fri, 24 Oct 2008 23:36:00 -0500A Loris Woman has been charged by the Solicitor's Office in Conway with embezzling $150, 000.00 from a Linen business. The woman was being investigated by the South Carolina Law Enforcement Division and the Loris Police Department. The woman will have court later this year. Embezzlement is a white collar crime. This means that the crime had not violence and was based on a financial gain. Embezzlement is the acquiring of assets (usually cash) through dishonesty while in a position of control over the assets. In this case it is not clear yet as to the position the defendant held at the company. It is obvious that the defendant had to have been in a position that allowed access to the financial resources of the company. These type of charges will usually require restitution for the amount that is alleged to have been embezzled.
One key piece of evidence will be the defendant's financial status and records. Did the defendant have bank deposits that do not match the income level of the defendant? Law enforcement will seek to build the case on a paper trail of information. It is unclear as to what Myrtle Beach Criminal Defense Attorney will be representing the defendant. One of the first things that should be considered is the defendant's ability to repair the embezzled funds. A determination on whether the solicitor can prove the case must also be considered based on the discovery provided. Our South Carolina Defense Lawyers are experienced in defending embezzlement indictments.
Charleston Police Officer Sentenced
Thu, 23 Oct 2008 22:41:29 -0500A Charleston Police Officer was sentenced this week for an incident that occurred 2007 where the officer was charged with violating the civil rights of suspect. The Officer had pursued the suspect in a high speed chase through Charleston. The officer was alleged to have kicked the suspect several times after he was hand cuffed. This allegation brought about a federal investigation into the officer's conduct and then a federal indictment in Charleston. The officer was represented by criminal defense attorneys in Charleston. In this type of situation it is not uncommon for an officer to strike a subject during the arrest. There is a serious danger of harm and even death when a pursuit is on public streets at high speeds. There are several police departments throughout his country that have an unwritten policy regarding fleeing and resisting arrest. This policy at times is called a "Tune Up." The theory is that a defendant may walk on the charges at some point, but he is going to go for a ride to the jail.
In this case the suspect refused to stop and endangered the lives of civilians as well as the police officers. The United States Attorney makes the decision to present this case to the federal grand jury in Charleston. This is not a case that should have been indicted. There were no permenant injuries to the subject and it appears his record was extensive. This was not the case to make an example for the othe police officers in Charleston. Having defended police officers in Miami for very serious violations, this does not come up to the level of a federal indictment. This case could have been handled within the department.
The officer was sentenced in the Federal Courthouse in Charleston by Judge Norton to 8 months in a halfway house and 8 months home detention. All federal judges review the United States Sentencing Guidelines when determining an appropriate sentence. In this case the officer most likely had no prior record and his criminal history was a catagory 1. Judge Norton also noted at the sentencing that the suspect failed to appear and had minor injuires related to the incident. The sentencing phase of this type of federal case is critical. A good Charleston federal defense attorney will prepare a sentencing memorandum to assist the defendant at sentencing. Federal Judges review these defense memorandums prior to sentencing.
Police Officers also have federal rights that go beyond the norm. Garrity is a case that allows officers to cooperate with an internal investigation without criminal prosecution. This right can back fire without a good attorney. Our South Carolina Defense attorneys are experienced in handling Garrity issues.
Myrtle Beach Divorce Filings Increasing
Wed, 22 Oct 2008 10:02:53 -0500The mortgage crisis, the falling economy, and stress related to money is causing an increase in divorce filings in South Carolina. This increase is most likely occuring across the world. The increase is based on many factors, but many times money or lack of money is a big issue that is listed for the divorce. Filing for divorce has become much easier in most jurisdictions. However, South Carolina is one of the very few states that make it difficult to get divorced and parties almost always need to have an attorney.
Filing for Divorce in South Carolina is time consuming and not a quick process. South Carolina limits the ways a divorce can be granted by a family law judge and requires a final court order to finalize the divorce. A good divorce attorney in South Carolina will be able to make the process as painless as possible. Our Divorce attorneys in Myrtle Beach represent parties in many family law cases from divorce, child custody, ailmony, and division of property. Even with none of these issues the process still takes time and the guiding hand of a good divorce lawyer in Myrtle Beach. Any filing for divorce in Horry County must be done in Conway. All divorce proceedings for Horry County are handled at the main courthouse in Conway. From temporary hearings to divorce trials, all family law issues are resolved in Conway.
Our firm has opened in a new location and we have dedicated part of the office to divorce litigation in the Myrtle Beach area. Our Myrtle Beach divorce attorneys are ready to help you with your case.
More Miami Mortgage Fraud
Wed, 22 Oct 2008 07:42:33 -0500More indictments have come down in Miami for mortgage fraud. As I have been writting for the past several months, this is the new target area for the United States Attorney for the Southern District of Florida and many other executive agencies. This latest indictment has been filed against Peter Affatati, Anthony Affatati, Anthony Cuomo, and Brian Schiltz. The defendants made their initial appearances in Federal Court in Ft. Lauderdale and West Palm Beach. These Mortgage Fraud indictments have many of the common issues presented in any fraud case. There are allegations of "straw buyers" who bought property with no intent to keep the property, but rather to refund money back to the seller or broker. There are also allegations of creating false information on mortgage applications. This can include anual income, expenses, overstating the value of the property.
Many times the appraiser of the property is in on the mortgage fraud. The appraiser comes in and over values the property in the formal appraisal that is submitted to the lending institution. The institution relies on the appraisal when issue the loan more than any other document. Many defendants in mortgage fraud indictments fail to look at the elements of the offense. These indictments are not straight forward unless a codefendant goes to the government and says, "hey, we were trying to defraud the bank." Many fraud indictments are directly related to the lender not investigating the information provided by the borrower.
In this case there are also allegations of wire fraud, investment fraud, foreign exchange fraud and at some point mail fraud will come into play. Defending a mortgage fraud indictment is time consuming and must be taken very seriously. If you are indicted for mortgage fraud you are facing prison time and a substantial fine. Hiring a good white collar criminal defense attorney to defend your case is critical. There will not be a second chance to defend you case. Our mortgage fraud defense attorneys are happy to speak with you about your case and we handle federal indictments all over the courtry.
Federal Bureau of Investigation Decreases White Collar Investigations
Sun, 19 Oct 2008 22:50:10 -0500The FBI has released statistics showing a significant decrease in the amount of white collar crime investigations it has untaken in the past several years. Much of the agency's resources have been tasked to counter terrorism. This shift caused the assignment of over 1, 800 FBI agents to the counter terrorism task force. This shift in policy is now changing. The FBI is now back in the business of prosecuting white colla crime.
In recent months the Federal Bureau of Investigation has launched over 1, 500 mortgage investigations. This number will increase as the economy suffers from the mortgage crisis. Congress is now calling for an increase in the annual budget for the Bureau to investigate economic crime. This increase will create a large number of white collar federal indictments. These indictments will range from mortgage fraud, bank fraud, investor fraud, wire fraud, mail fraud and money laundering. The Bush administration began prosecuting business crime in the first term, but in the second term recommend that the Justice Department take a more friendly approach to business. This has brought about the decrease white collar crime prosecution. That trend is on its way out.
Anyone who has caused the downfall of any company will be held responsible for this down fall. Years ago this was the business judgment rule when a company went out of business or had significant losses. Now it is fraud. Defending a white collar indictment takes time and effort. The key to the defense is showing a defendant did not have the intent to defraud the company or anyone else in the indictment. Our white collar defense attorneys are experienced in defending federal indictments all over the country. Knowing the sentencing guidelines and how to limit a client's exposure and being a trial lawyer are key to a good defense.Father arrested When Infant found Outside of a Strip Club
Sat, 18 Oct 2008 20:54:19 -0500A man from Myrtle Beach has been criminally charged for leaving his baby unattended in a car while he was inside a local strip club. He told local authorities that he was at the gentlemen's club to get his wife's cell phone, who was dancing on stage. He was charged with unlawful conduct towards a child. Once arrested, police gave custody to the mother who took the child home.
Although he is currently charged with unlawful conduct towards a child in Myrtle Beach, he could have also been charged with child neglect, child endangerment, or child abuse. He will most likely be court ordered to take parenting classes and may have to take drug and alcohol classes depending on the circumstances.
In criminal cases involving children, the Department of Social Services (DSS) may also become involved depending on the facts of the case, including cases involving domestic violence. If DSS becomes involved, a Guardian ad Litem may be appointed by the Court to conduct an investigation and to determine if the parents are fit to take care of their children. A Guardian ad Litem represents the children in court, and the family court judge usually heavily relies on their findings and conclusions. A Guardian ad Litem usually meets with the children several times, interviews the parents, friends, family, and subpoenas school records.
If DSS feels that the parents are unfit, termination of parental rights proceedings will be conducted. However, the parents are entitled to have a trial in the Family Court before loosing their children because of the serious constitutional rights involved in these types of cases.
Conway Man Assaulted After Joke Goes Wrong
Fri, 17 Oct 2008 21:50:07 -0500In Conway a man was allegedly assaulted by two men after he "got the best of the them" in a verbal exchange. The man's lip was swollen ad he had a bump on his head according to the local police report by the City of Conway Police Department.
A person charged with criminal assault, battery, aggravated battery, aggravated assault, or aggravated battery with intent to kill will mostly likely be charged with a felony and will have to appear in General Sessions Court in Conway, if arrested in Horry County, including Myrtle Beach, or North Myrtle Beach.
If charged with simple assault or battery, he charge is most likely a misdemeanor and the defendants will have to appear for an initial appearance, roster call, or court hearing in a municipal court or magistrate court in North Myrtle Beach, Myrtle Beach, Surfside Beach, or Conway.
An assault is a threat of physical force against another person and battery is the harmful touching of another person. The report does not state in this case whether the two mean involved have been arrested or our currently facing criminal charges.
Madonna and Guy Ritchie Reach Divorce Settlement
Thu, 16 Oct 2008 22:31:03 -0500It has recently been reported that Guy Ritchie and Madonna have reached an agreement in their divorce. They did not have a prenuptial agreement and it was first thought that their divorce could be as bitter as Heather Mills and Paul McCartney, Madonna even hired McCartney's attorney, however, the couple has managed to come to an agreement rather quickly.
Although the couple has resolved their divorce, Ritchie may have been able to allege adultery in his complaint as the reason for the couple's divorce due to allegations that Madonna had an affair with Alex Rodriguez. In order to prove adultrey in South Carolina, the pleading party must show opportunity and inclination, however, the party alleging adultery does not have to prove that the cheating spouse actually had sexual intercourse with another person. It is common for the pleading party to prove adultery through the testimony of a private investigator.
However, based on recent reports, Madonna and Guy Ritchie's divorce is uncontested and has settled almost immediately by an agreement. Madonna will keep the bulk of her estate, while Ritchie will gain roughly 60 million in assets, including a London pub, an estate in london and a monetary sum. The monetary sum may be construed as alimony, on other words a lump sum. In South Carolina, a party can ask for temporary alimony, permanent and periodic alimony, or a lump sum.
If Madonna and Ritchie resided in South Carolina and they were seeking a no fault divorce, they would have to be separated continuously for a year before their divorce would be granted. Fault grounds include habitual drunkeness, physical cruelty, adultery and abandonment.
It has not been reported how the parties came to an agreement regarding the children, including child custody, child support, and visitation. The parties have not disclosed this information, however, one party will be the primary custodial parent and the other party will have visitation and may have joint custody.
Myrtle Beach Police Arrest Woman Dangling from Hotel Balcony
Mon, 13 Oct 2008 20:42:20 -0500In local news, Myrtle Beach police recently arrested a young woman who was found dangling from a motel balcony. Police safely rescued her, but she was arrested for intoxication charges. She will most likely be charged with public intoxication, a misdemeanor, and will have to appear for a bond hearing and subsequent court hearings at the Myrtle Beach Municipal Court on Oak Street in Myrtle Beach. She should hire a myrtle beach criminal defense lawyer to assist her with her defense.
Municipal Courts are located in Myrtle beach, North Myrtle Beach, Conway, Surfside, Green Sea and Loris. If you are arrested for an offense that is not a felony in Horry County, you will most likely have to appear for court at one of these locations.
In this case, if the young woman is charged with a felony, she will have to appear in General Sessions Court in Conway, South Carolina.A more serious crime relating to alcohol is a DUI, driving under the influence of alcohol. If you are charged with a DUI, you will not only be arrested but you may also loose your driver' license. Additionally, receiving a DUI in South Carolina may make your insurance premiums increase, therefore, it is important to hire an attorney with experience handling DUI's in Myrtle Beach.
FBI and White Collar Crime in South Carolina
Sun, 12 Oct 2008 09:16:03 -0500The Federal Bureau of Investigation has several programs in South Carolina that they have instituted to combat white collar crime. Their white collar crime program covers a variety of related federal offenses.
The following are examples of what is covered by the White Collare Crime Program:
Insurance Fraud
Money Laundering (Usually Related to Drugs)
Financial Institution Fraud (FIF, i.e. Bank Fraud)
Telemarketing Fraud (Especially against Seniors)
Environmental Crimes (Dumping and Polution)
Public Corruption (Bribes)
Health Care Fraud (Medicare Fraud)(Medical Over Billing)
Bankruptcy Crimes (Usually Business Related)
Securities Fraud (Mortgage Fraud could be included here)These criminal investigations in South Carolina are prosecuted by the United States Attorney in South Carolina. Walter Wilkins is the current United States Attorney in South Carolina. There is also a Federal Public Defender in South Carolina. Parks Smalls is the Federal Defender for South Carolina. The FBI has field offices in most of the cities in South Carolina. The FBI has offices in Myrtle Beach, Florence, Charleston, Columbia (Main Office), Greenville, Aiken and several other smaller cities in South Carolina.
Most of the high profile cases are listed on the FBI's website and the United States Attorney website for South Carolina. These press releases give the public a view as to what is being investigated and prosecuted by the government. All of these listed investigations have been indicted by the government. Defendants are indicted in the region in which the government feels the crime has been committed. Our office defends federal indictments all across the country. Defending a federal indictment takes experience, hard work and a willingness to communicate with a client about the government and its policies on white collar crime. A good Federal Defense Attorney in Columbia can help minimize your exposure to a federal indictment.
Horrry County Man Charged with Murder in North Myrtle Beach
Thu, 09 Oct 2008 06:57:08 -0500Robert Parker has been charged with murder. His case was in the media as he is alleged to have shot and killed his wife in the Loews parking lot in North Myrtle Beach. This case is based on a divorce between Mr. Parker and his wife Donna Parker. The couple was apparently together at the Loews in North Myrtle Beach after the police had been to their how several times for criminal domestic violence. Normally a criminal domestic violence charge will automatically have a restraining order. The Sun News reported that the Horry County Police Department responded to the former address of the Parker's 13 times in just over a month. This would require some type of arrest for criminal domestic violence in Horry County.
The Sun News also has reported that the couple was fighting over their business and employees. The Parkers were in the process of getting a divorce, but it seems they were still having to spend a substantial amount of time together. There was a divorce case and the Parkers had divorce lawyers in Myrtle Beach. Every time the police are called to a domestic violence case they usually arrest one of the parties. In this case it appears that one of the Parkers would always leave prior to the police arriving.
Mr. Parker is going to need to hire a very good Myrtle Beach Attorney to represent him in his case. He will need to be evaluated to determine if he was competent at the time of the shooting and whether the shooting was in self defense.
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