Question and Answer

Just in case Google did not have the answer you were looking for, I am here to help.  Some search terms that brought people to trial theory in the last year (it’s been a while, hasn’t it):

find a case that cites this case and explain why the court in your case found the neil v. biggers case a useful precedent:  I’m guessing that, while taking a law school exam, this person just googled the entire exam question on their smart phone?  Dude, I am not going to help you cheat.

what were the guidelines in the neil v. biggers case:  Seriously, I’m not going to do it.

how to get a cdv off your record: If you have no other convictions, a CDV 1st offense can be expunged after five years.

do i need a lawyer at general session roll call:  Yes.  Although nothing substantive happens at roll call and, at least in Horry County, there is no judge there, you don’t want to be there without an attorney.  Also, apart from the Bond Returnable, there is a good chance that if you had a competent attorney you wouldn’t have to be there at all, because your attorney would have gotten you excused.

polygraphs pros and cons for criminal trials: there are no pros and cons for trial – they are inadmissible, period.  They are not admissible because they are not sufficiently reliable to be admitted.  Before trial, you need to know that polygraphs are used by law enforcement as an interrogation tool, and they are not used to clear your name.  Although the polygraph results are not admissible, anything that you say is.

state magistrate courts officers prosecute own cases: In Horry County, we have two assistant solicitors who work in the magistrate court who only prosecute CDV’s and DUI’s.  Every other type of case is prosecuted by the officer who made the case.  You might say this is not fair – officers have not been to law school and should not be required to try criminal cases.  You might also say it’s not fair when indigent CDV and DUI defendants, who also have not been to law school, are required to defend their own cases against trained prosecutors because we do not give them appointed counsel.

sc cwp law on carrying in bars:  If you have a concealed weapon permit in S.C., you can now carry your weapon in a restaurant or bar, as long as you are not drinking.

“mere presence at the scene of a crime”:  is not evidence of a crime.  It’s not probable cause, and it is not sufficient evidence for a case to be submitted to the jury.  Many officers think that if you are there when a crime is committed, you are guilty under “hand of one is the hand of all,” or accomplice liability, but it’s not true.  Accomplice liability requires that 1) you are there; 2) you know what’s happening; and 3) you participate in some way.  If all three elements are not present, you have not committed a crime.

 

is the drowning man trial real :  I don’t know.  If you mean, can “the drowning man” really be a theme at trial, then absolutely.  The jailhouse snitch, like the drowning man, will drag down everyone within reach.  Never trust a man with a family.

can a confidential informant videotape me: Absolutely.  Just because you are paranoid doesn’t mean they’re not out to get you, Jerry.

public defender “trial chicken”:  When you play “chicken,” whether it’s in a car or in a courtroom, the person who is willing to crash and burn wins.  Or crashes and burns, on occasion.  If you’re willing to crash and burn, you may have the advantage.

can an employee in south carolina represent their company in magistrate courtAbsolutely not.  And if they do, they should know that unauthorized practice of law is a crime that carries up to five years in prison.

theory of defense for robbery: It was my stuff, I was just taking it back.  As a matter of fact, he robbed me.  She told me I could borrow it, then she just flipped out.  Some other dude did it.  At the exact time of the alleged robbery, I was feeding the homeless with several nuns and local government officials, all of whom are prepared to testify to my whereabouts?

criminal trail defence perspective:  I saw the criminal approaching, through a gap in the trees ahead.  I quickly set up a perimeter with trip wires connected to small bells, and hid behind a fallen oak about 20 yards off the trail, with my back to a large rock at the bottom of the cliff face, with a clear view of the trail ahead.  I took off my pack so it would not slow me down, hiding it beneath the tree.  He would not surprise me here, and I would have the advantage if he attempted to attack.

beach naked old woman:  Really?  There was a blog post about Dorchester County cops who tazed a naked 80 year old woman, but do you suppose that is what the anonymous googler was looking for?

are defense lawyers friends: Shocking as it may be, I have some friends that are defense lawyers.

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