James Snell | Lexington Criminal Lawyer

Criminal Law Consultations

When a client has an active criminal defense matter they should initiate the process by calling our office at 800-951-5850. They will be given an appointment to meet with an attorney either the same day or on the following business day. When they come into the office for the appointment they should bring copies of their case paperwork including the ticket or warrant. Everything that happens during the initial consultation is confidential. At the initial consultation I’ll help them answer such questions as:

· Is their charge a misdemeanor or felony?

· What is the current possible range of sentence that they could receive?

· What are the options if they were to be successful with their defense strategy?

· Are there any special concerns regarding bond, such as a no-contact bond restriction? If so, how could they be addressed?

· What if Miranda wasn’t read?

· What other defenses might be available?

· Is pre-trial intervention (PTI) a possibility? If so should the client consider it?

· What steps can we undertake now to help the client challenge a false or unfair charge, or obtain a deserved second chance?

At the end of the consultation we’ll answer any specific questions that the prospective client may have. If they are ready to get started with their case we can usually begin the same day with filing papers to request copies of the evidence, or to seek the return of our client’s driver’s license in DUI matters.

Criminal Defense Examples

I was retained to represent a client charged with first degree burglary. This is a very serious offense carrying a possible sentence of 15 years to life. My client lived in an apartment complex. A woman living in the same complex had come home to her apartment to find a burglar in her living room. The man ran past her outside. Several weeks later she thought she saw the same man and identified my client. He was arrested and at the initial bond hearing the woman told the judge she was sure that my client was the burglar. Based on the strength of her eyewitness identification the judge denied bond. Later I was able to establish an alibi for my client and help him obtain a passing polygraph test. The end result was that all charges were dismissed.

I was retained to represent a client charged with DUI after being arrested by the Highway Patrol. In reviewing his case I discovered that the Highway Patrolman had taken my client outside of the range of the video camera when performing the breathalyzer test at the jail. I made a motion to dismiss on the grounds that in doing so the officer had violated South Carolina’s law regulating DUI arrest procedures. This issue ultimately went to the South Carolina Court of Appeals who agreed with me and issued a published opinion. The holding, which now applies to DUI cases throughout South Carolina, says that when the police inexcusably violate our DUI arrest laws that the case should be dismissed. Any result we may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients

Personal Injury Consultations

When a client has an active injury law matter they should initiate the process by calling our office at 800-951-5850. They will be given an appointment to meet with an attorney either the same day or on the following business day. When they come into the office for the appointment they should bring copies of their case paperwork including any accident report or medical records. Everything that happens during the initial consultation is confidential. At the initial consultation I’ll help them answer such questions as:

· Should they provide a recorded statement to the insurance company?

· Should they sign a medical records release?

· Who pays there medical bills?

· Can they receive compensation for lost income?

· What about pain and suffering, or punitive damages?

· What is the statute of limitations for their case?

· Can their case be settled out of court?

· Do they really need a lawyer for their case? Many smaller cases don’t require use of an attorney, and if someone is better off not incurring any legal fees I’ll tell them.

At the end of the consultation we’ll answer any specific questions that the prospective client may have. If they are ready to get started with their case we can usually begin the same day with notifying the insurance company that we are representing our client and begin ordering any medical records or bills.

Personal Injury Examples

I represented an immigrant worker at a local manufacturing facility. He did not speak English. While he was at work he fell and broke his leg. Although the accident was clearly connected to his employment, his employer denied Workers’ Compensation benefits to him. Since he did not have health insurance he was unable to afford the necessary medical treatments. Ultimately I was able to help him obtain the benefits that he was entitled to including medical treatments and payment for his injury.

My client was involved in an accident when he was crossing the street and run over by an approaching motorist. He suffered a severe broken leg in the accident. The police officer failed to site the car and instead wrote my client a ticket for jaywalking. The driver who ran my client over wasn’t charged at all. I was able to have the jaywalking ticket dismissed by the city judge. I then was able to negotiate a settlement with the insurance company. Any result we may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients

• Past President, Lexington County Bar Association, 2003–present
  Member, South Carolina Association of Criminal Defense Lawyers, 2004–present
  Member, South Carolina Association for Justice, 2004–present
  Member, American Association for Justice, 2004–present
  Member, Spartanburg County Bar Association, 2007–2009
  Board of Building Code Appeals, Town of Lexington, 2005–present
  Alumni Board of Directors, Limestone College, 2004–present
  Member, South Carolina Bar, Unauthorized Practice of Law Committee, 2005–2006
  Member, United States Supreme Court Bar, 2010–present
  Member, Fourth Circuit Bar Association, 2006–present
  Member, United States District Court for the District of South Carolina, 2005–present
  Member, American Association for Justice, Motor Vehicle Collision, Highway and Premises Liability, 2006–present
  Member, American Association for Justice, 2004–present
  General Member, National College of DUI Defense, 2013-present
  General Member, National Association of Criminal Defense Lawyers, 2013–present
  General Member, National Trial Lawyers Association, 2013–present
  Fee Dispute Committee Member, South Carolina Bar, 2012–present
  Member, Supreme Court Peer Mentor Committee, 2011–present
  Chair, Lexington County Bar Association, 2012–2013

• DUI Detection and Field Sobriety Testing, National Highway Traffic Safety Administration Standards, 2013
  Top 100 Trial Lawyers, National Trial Lawyers Association, 2013
  Certified Circuit Court Mediator, South Carolina Supreme Court Commission on CLE and Specialization, 2009

• CASES: Misty Lake Association vs. Bridleridge Homeowner's Association, 2013-UP-011 Outcome: Affirmed in Our client's favor State vs. Johnson, 396 S.C. 182, 720 S.E. 2d 516 (S.C. App. 2011) Outcome: Reversed - DUI Dismissed Smith vs. Moonglo, 2011-UP-151 Outcome: Affirmed in our client's favor

• Challenging CDV (2014), Word Association Press

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