Blog Posts in 2010

What is a Household Member?

Under South Carolina law in order for someone to be arrested or prosecuted for Criminal Domestic Violence (CDV) it is necessary that the alleged victim be a household member. As defined by South ...
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Spousal Sexual Battery

I have included some information on the website applicable to the charge of Spousal Sexual Battery. This is a criminal offense for allegedly raping a current spouse. It frequently is accompanied by ...
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Kidnapping and CDV

I have added some additional information concerning South Carolina kidnapping law to the website. It is not uncommon for a kidnapping charge to be brought at the same time as a CDV or CDVHAN. This is ...
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Do I Need to Hire a CDV Lawyer?

If you have been arrested for domestic violence the first decision you have to make is whether or not you are hiring a lawyer. Many times people charged with CDV have had no or only little contact ...
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Competency to Stand Trial for CDV

In order for a criminal defendant to stand trial they must be competent to do so. Competency to stand trial is a legal issue that takes into account a person's ability to understand and participate in ...
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Appealing a CDV Conviction

Under South Carolina law those convicted of CDV have a right to appeal their case. Appeals from CDV 1st convictions obtained in the Magistrate or Municipal Court are taken to the Court of Common ...
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Study Links Football to Criminal Domestic Violence Arrests

As reported by the Knoxville News a new study links football to criminal domestic violence arrests. According to the study, entitled "Family Violence and Football: The Effects of Unexpected Emotional ...
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South Carolina Supreme Court Opinion Published on CDV Sentencing

On November 22, 2010, the South Carolina Supreme Court issued an opinion regarding CDV sentencing. The case is Kelvin Nelson vs. Jonathan E. Ozmint in his official capacity as Director of the South ...
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Top Five Pitfalls for Those Arrested for CDV

Here are the top five pitfalls to be avoided for those just arrested for CDV: 1. Do not try to contact the police officer who arrested you. Attempting to contact the arresting officer is always a bad ...
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What about Spousal Privilege and CDV?

South Carolina has a limited spousal privilege statute codified in S.C. Code § 19-11-30. This law provides for grounds where married couples cannot be compelled or required to testify against the ...
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What is a "no drop" policy?

What exactly does the "no drop" policy with regard to CDV arrests mean? In South Carolina when the police make a CDV arrest (frequently based on a "zero tolerance") basis, the case is not subject to ...
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What if you are innocent and arrested for CDV?

It is a fact that innocent people are arrested and charged with CDV. There are many reasons for this. Sometimes a wrongful arrest is based on false allegations made by an angry partner. Othertimes it ...
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What exactly is Transfer Court?

Criminal cases are heard in two types of Courts. Summary Courts (Magistrate or Municipal) and General Sessions. Criminal domestic violence 1st offense cases are brought in Summary Court in most all ...
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Are bond restrictions reciprocal?

One of the main differences between domestic violence and other types of criminal cases is the close relationship between the defendant and alleged victim. CDV bond restrictions can cause special ...
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What happens if you are convicted of domestic violence?

Domestic violence charges are a little unusual in that a high percentage of defendants have no previous criminal record. If you have been arrested for CDV this may be your first exposure to the ...
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Mexican Citizen Receives Asylum After CDV Complaints

In San Francisco this week a Mexican woman who claimed that she had been the victim of decades of domestic violence at the hands of her common law husband received asylum int he United States. An ...
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Special Considerations for Multiple Crime Arrests

Often times my clients arrested for domestic violence also find themselves arrested for other crimes as well. Sometimes these other offenses can be much more serious in terms of the potential exposure ...
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Right to Remain Silent

One of the questions I am frequently asked by my clients is whether or not they were under an obligation to speak to the police or answer police questions. The answer is you always have a right to ...
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SC Prosecutors Receive $100,000 CDV Grant

The South Carolina Department of Public Safety has recently given $100,000 to local prosecutors in South Carolina's fifteenth judicial circuit to ensure that they can continue to provide specialized ...
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South Carolina's Three Attorney General Canidates Address Domestic Violence

In a May 27th feature in The State newspaper, the three candidates in the upcoming Republican primary for Attorney General were asked there poisition regarding criminal domestic violence. You can read ...
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Richland County Deputy Arrested for CDV

A Richland County Sheriff's deputy was arrested on Memorial Day charged with Criminal Domestic Violence.The twenty-five year old deputy, who served as a resource officer to a local school, was ...
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Talk Legal Appearance

This morning I was invited to be a guest on attorney Brian Boger's Talk Legal radio show. Brian's show is at 9:00 A.M. on WVOC 560 A.M., Columbia. Brian is an oustanding attorney whose practice areas ...
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Former State Trooper Arrested for Domestic Violence

Agents from the South Carolina Law Enforcement Division arrested a former South Carolina State Trooper for Criminal Domestic Violence. The Trooper was fired earlier in the week after serving since ...
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