Little Mountain Criminal Lawyer, South Carolina, page 6


Bradley Myers Kirkland

Criminal
Status:  In Good Standing           

David Bennett Tarr

Traffic, White Collar Crime, DUI-DWI, Criminal
Status:  In Good Standing           Licensed:  29 Years

Charles William Whetstone

Litigation, Class Action, Government, Criminal
Status:  In Good Standing           

J. Marcus Whitlark

Car Accident, Accident & Injury, Criminal, Accident & Injury, Animal Bite
Status:  In Good Standing           

Eric Christopher Hale

Litigation, DUI-DWI, Business & Trade, Collection
Status:  In Good Standing           

Brie Russell

Other, Government, Divorce & Family Law, Criminal
Status:  In Good Standing           

Gregory Brian Collins

Criminal
Status:  In Good Standing           

Joseph Henry

Lawsuit & Dispute, Employment, Criminal, Accident & Injury, Car Accident
Status:  In Good Standing           

Richard A. Harpootlian

Class Action, Criminal, Consumer Protection, Corporate
Status:  In Good Standing           Licensed:  50 Years

Jason Paul Peavy

Criminal, Accident & Injury
Status:  In Good Standing           Licensed:  23 Years

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LEGAL TERMS

BEYOND A REASONABLE DOUBT

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced '... (more...)
The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced 'to a moral certainty.' The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.

MOTION IN LIMINE

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.

CRIMINAL CASE

A lawsuit brought by a prosecutor employed by the federal, state or local government that charges a person with the commission of a crime.

INTERROGATION

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligat... (more...)
A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligated to answer the questions, and the fact that he has remained silent generally cannot be used by the prosecution to help prove that he is guilty of a crime. If the suspect has asked for a lawyer, the police must cease questioning. If they do not, they cannot use the answers against the suspect at trial.

DECLARATION UNDER PENALTY OF PERJURY

A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false --... (more...)
A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false -- that is, the lie is relevant and significant to the case.

CAPITAL CASE

A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecuto... (more...)
A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecutor brings a capital case (also called a death penalty case), she must charge one or more 'special circumstances' that the jury must find to be true in order to sentence the defendant to death. Each state (and the federal government) has its own list of special circumstances, but common ones include multiple murders, use of a bomb or a finding that the murder was especially heinous, atrocious or cruel.

PRESUMPTION OF INNOCENCE

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecu... (more...)
One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.

EAVESDROPPING

Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or bi... (more...)
Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or binoculars. The term comes from the common law offense of listening to private conversations by crouching under the windows or eaves of a house. Nowadays, eavesdropping includes using electronic equipment to intercept telephone or other wire communications, or radio equipment to intercept broadcast communications. Generally, the term 'eavesdropping' is used when the activity is not legally authorized by a search warrant or court order; and the term 'surveillance' is used when the activity is permitted by law. Compare electronic surveillance.

IMPRISON

To put a person in prison or jail or otherwise confine him as punishment for committing a crime.

SAMPLE LEGAL CASES

McKnight v. State

... II. Jury instructions. a. Criminal intent under the Homicide by Child Abuse statute. McKnight argues that counsel was ineffective in failing to object to the trial court's charge on the measure of criminal intent required for conviction under the Homicide by Child Abuse (HCA) statute. ...

Zurcher v. Bilton

... The trial court granted Respondents' motion for summary judgment as to each claim on the grounds that Appellant's Alford plea in a previous criminal proceeding collaterally estopped Appellant from litigating a civil claim based on the same facts as the criminal conviction. ...

Price v. Turner

... of Meghan, Rohling, Kelly, Dechert, LLP, of Philadelphia, Susan King Dunn, of Charleston, for Amici Curiae, The American Civil Liberties Union Foundation, South Carolina National Office, the Brennan Center for Justice, The National Association of Criminal Defense Lawyers ...