Kulp & Elliott blog posts relating to Criminal Defense matters.
You should never resist an officer’s attempt to bring you into custody, even if you do not believe the arrest is warranted. Resisting Arrest is illegal under SC Code Section 16-9-320 and Section 16-3-625. South Carolina’s criminal court system deals out harsh penalties for resisting law enforcement. Besides the immediate penalties of possible fines and [...]
Have you ever been pulled over while in someone else’s car? You may have thought that if you do not have anything illegal on you, then there is nothing for you to worry about. Unfortunately, that is not the case. If drugs are found in the car, even without your knowledge of them being in [...]
A drunken wedding guest loudly argues with his girlfriend in a public parking lot. A frustrated college student curses angrily in a public park because her cell phone just died. The cops show up and place both people under arrest. Would you be surprised to know that they are both being charged with the same [...]
It happens. You made a mistake, and now you are facing criminal property damage charges. A celebration with friends got a little out of hand and some store windows were broken. A simple prank resulted in some damage to a neighbor’’s property. Maybe your emotions got the best of you and [...]
An experienced DUI lawyer can work with you to clarify the laws and explain how they apply to your specific case. The questions and answers below explain some of the basic facts about DUI cases, probation violations, and possible consequences. Still, the best way to understand your unique situation is to discuss it with a [...]
There is a good chance that you will have to deal with legal matters at some point in your life. Yet, if you are like most people, you do not have a lawyer on standby, and you will have this decision to make: hire an attorney or represent yourself. There are many benefits to hiring [...]
First off, our Fourth Amendment and court interpretation of that right, has established that a search not based on a warrant issued by a court, is presumed to be unconstitutional. However, the courts have recognized “exceptions” to this requirement for a warrant. A warrantless search that factually falls under a recognized exception is not presumed [...]
Contrary to what many people think, getting caught with drug paraphernalia will not land you in jail in most situations. Yes, it is against the law to have cocaine spoons, bongs, chamber pipes, and other similar items. However, getting caught with these items alone will hit you in the wallet but not necessarily land you [...]
What happens after the arrest… You’ve received a phone call that your loved one is in jail. Or maybe you, yourself, are sitting in a holding cell. You want to do everything to get out as quickly as possible. You’ve seen people on TV, including actors, professional athletes and politicians walk out of jail before [...]
Marijuana Cocaine, Cocaine Base (Crack) Heroin Methamphetamine Ecstasy LSD Ephedrine Schedule I-V Narcotic & Non-narcotic Drugs Other Miscellaneous Offenses Introduction to drug charges in South Carolina SC law criminalizes controlled substances possession, sale and use. Important considerations in this area of criminal law relate to the type of drug, how the drug was possessed or [...]
