Posts Tagged With: law

Crackdown: New Synthetic Marijuana

syntheticThere has been a lot of talk lately about the crackdown on synthetic drugs. WMBF News released this news article that discusses a new synthetic drug, which has been dubbed “OMG, Kush, Magnolia Max, and/or Joker.” For more information on this new synthetic alternative, check out: here.

Buyers beware, just because you can find it on shelves in your local stores does not mean it is legal! About this time last year, the South Carolina governor signed a law making it illegal to sell and/or purchase synthetic marijuana. The punishment for possession of synthetic marijuana is equal to the punishment for marijuana. Many have changed the compounds in the synthetic marijuana in order to avoid the new law banning synthetic marijuana but the South Carolina lawmakers are working on ways to close the loopholes in the law. For more information on South Carolina’s plan on action regarding synthetic marijuana, take a look at: http://www.wmbfnews.com/story/22213747/solicitors-office-aims-to-crack-down-on-synthetic-marijuana.

The following penalties show the differentiation the law makes between possessing a small amount versus a large amount of marijuana. For simple possession of marijuana, (no more than 28 grams), or hashish, (no more than 10 grams), the penalty carries jail time of up to 30 days or a fine ranging between $100 and $200. A second or subsequent offense carries up to 1 year in jail and a fine of up to $1000. If you are charged with carrying more than 28 grams of marijuana or more than 10 grams of hasish the penalties can reach up to 15 years of jail and/or up to $25,000.  If you are facing a subsequent charge for possession of more than 28 grams or more than 10 grams of hasish the penalties can include jail time of up to 30 years and up to $50,000.

If you are unsure if a product is synthetic marijuana, don’t buy it! Stores may be labeling it differently in order to avoid police suspicion. Not only can the store be criminally punished for selling it but also you can be punished as well for purchasing it. If you have any questions regarding the new laws concerning synthetic marijuana contact your local criminal attorney Daniel Selwa. If you are facing criminal charges for distribution or purchase of synthetic marijuana or natural marijuana, Daniel Selwa can help.  Call Daniel Selwa for a free consultation.

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Automobile Accidents: How you can be compensated for your losses

ImageEvery ten seconds someone in the United States is involved in a car accident. Today, cars are made to crumble upon impact. Cars are designed this way so that the driver and passengers are better protected from personal injury. While cars have come a long way in safety, unfortunately, many car accidents still result in death and serious injury. In fact, automobile accidents give rise to the majority of personal injury claims in the United States.

The law of negligence typically governs the legal claims arising from automobile accidents. Negligence consists of: duty, causation (legal and proximate), breach and damages. In the automobile context, automobile drivers owe a duty to exercise reasonable care in operating their vehicle. The failure to exercise reasonable care results in a breach and thus, raises an inference of negligence. The Plaintiff bears the burden of proof in a negligence action which means he must prove the Defendant breached his duty of care and that his breach was the proximate cause of the accident and the actual cause of the Plaintiff’s injuries.

Courts look at several factors to determine whether a driver was acting negligently in the operation of their vehicle. Failure to exercise reasonable care may be found where the driver: disobeyed traffic laws or signals, failed to signal while turning, drove above the posted speed limit, and drove under the influence of drugs or alcohol.

Negligence is not the only legal theory of recovery for your personal injuries resulting from an automobile accident but it is the typical avenue to pursue when trying to recover for your personal injury damages. Call Daniel Selwa today to discuss your case.  Attorney Selwa offers free consultations to determine if the other driver’s negligence will allow you to recover monetary damages. Don’t let your medical bills and property damage bills overwhelm you, instead pursue your case with Daniel Selwa so that the at fault driver has to compensate you for your damages.

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Stricter DUI Laws in SC?

South Carolina ranks among the top of states for DUI related accidents. The number of DUIs in Myrtle Beach is particularly high which can be attributed to the tourist industry locally.

Emma Longstreet was killed last year on New Years Day in a drunk driving accident. Her parents are fighting today to get Emma’s law passed. The law would require a sobriety ignition test, if you blow above a .02, you won’t be able to start your car. The law also would include stricter penalties for repeat offenders. For more information on the tragic death of Emma Longstreet and Emma’s law, check out: http://www.wmbfnews.com/story/21290061/emmas-law-would-install-ignition-interlock-device-in-dui-offenders-cars.

Most people I have met admit that they have driven drunk at one point in their lives. It doesn’t make you a bad person, it just means, you made a bad mistake. Fortunately, the law recognizes this and your punishment for a DUI can be mitigated with counsel. If you go up against the law by yourself, you may face the worst case scenario penalties. However, if you contact Daniel Selwa, the opposite may result. Contact Daniel Selwa today for a free consultation regarding your case.

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Burglary in Myrtle Beach

Burglary is not an uncommon occurrence in Myrtle Beach, South Carolina. Check out this recent WMBF news article involving two men in the local area facing multiple counts of burglary charges: http://www.wmbfnews.com/story/21087009/2-men-charged-for-several-burglaries-in-murrells-inlet. Are you facing burglary charges? Burglary is a felony charge and could carry a life imprisonment sentence. It is critical that you don’t sleep on your rights, and you contact Daniel Selwa right away to discuss your case if you have been charged with any degree of Burglary.

At common law, burglary is defined as the breaking and entering of the dwelling of another at nighttime with the intent to commit a felony therein. However, many states have modified the common law definition so that the breaking and entering includes businesses as well as dwellings and most states have eliminated the nighttime requirement. South Carolina in particular does not require that the crime of burglary be committed in the nighttime. In order to be convicted of the crime of burglary, the prosecution must prove every element of the crime beyond a reasonable doubt.  If your defense attorney can raise the slightest bit of doubt, then the jury is likely to acquit.

Burglary is a specific intent crime, which means you must have intended to commit a crime upon the breaking and entering of the premises. Therefore, the burden will be on the prosecution to prove you possessed the requisite mental state when you committed the crime. Specific intent crimes carry additional defenses that general intent crimes do not and one of particular importance is voluntary intoxication. Voluntary intoxication is a defense because your intoxicated state may have affected your decision and thus, it may negate the element of crime for the crime of burglary. Another defense specific to this crime involves consent, if the defense can show you had consent to enter a dwelling or business, then that can negate the element of a breaking. Other potential defenses include insanity, and entrapment.

Your best course of action when facing burglary charges is to consult with attorney Daniel Selwa. A defense attorney will be able to anticipate what the prosecution will argue and from there, the defense attorney will be able to discuss with you, your best defenses to beat the prosecution’s argument. Remember that this offense is a felony and can carry a life imprisonment sentence. Don’t wait another minute and call Daniel Selwa today.

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Myrtle Beach Open Container Law

Elements Of The Offense:

1. That the accused did have in his possession any beer or wine in an open container in a moving vehicle of any kind while located upon the public highways or highway rights of way of this state, except in the trunk or luggage compartment.

Penalty:

Fine of not more than $100 or imprisonment for not more than 30 days.

Open Container charges are often charged along with other traffic offenses or alcohol crimes.  

Contact Us online for your free consultation to discuss your open container charge.  Daniel A. Selwa, II is ready to answer your questions.

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Myrtle Beach Real Estate Attorney

The Law Offices of Daniel A. Selwa, II maintain a wide-ranging real estate practice. We assist individuals, businesses, and real estate developers in the Myrtle Beach area and beyond with everything from transactions to complex real estate litigation.

Our work includes:

Loan Closings
•Residential and commercial transactions
•Eminent domain
•Contract disputes
•Title insurance litigation
•Construction Loans
•Refinance and Equity Loans
•Real estate development, zoning and land use
•Litigation concerning real estate flipping, fraudulent appraisals, etc.
•Foreclosure
•Mortgages
•Escrow Services
•Real Estate Syndication

For many clients, our real estate practice is their first point of contact with our firm. After dealing with our firm, clients often return for assistance in estate planning, business and commercial law, business litigation, and other matters.

Our ability to build long-term relationships with clients is due not only to our experience, but also to our responsive, attentive client service. We are responsive and attentive to clients while remaining aggressive in the pursuit of client’s interests.

Visit our website at http://www.sclawyers.net for  more information.

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Several provisions of South Carolina immigration law blocked.

Federal judge halts key parts of South Carolina immigrant law

By MEG KINNARD Associated Press

COLUMBIA — A federal judge on Thursday blocked several provisions of South Carolina’s tough new immigration law from taking effect New Year’s Day, including a requirement for law officers to check the immigration status of people they pull over if they suspect they are in the country illegally.

U.S. District Judge Richard Gergel’s ruling also blocked sections making it a state crime not to carry immigration paperwork or for illegal immigrants to transport or house themselves.

“While the Court does not doubt the good faith of the South Carolina General Assembly in attempting to address the immigration issue, the Constitution of the United States and the (Immigration and Nationality Act) have placed the policy-making role regarding immigration in the hands of the national government,” the judge wrote. “It is clear to the Court that Congress did not intend to allow the state any further role beyond arresting persons allegedly harboring or transporting unlawfully present persons.”

The federal government sued South Carolina earlier this year over, challenging the constitutionality of the law set to take effect Jan. 1.

Both the federal government and civil rights groups including the American Civil Liberties Union wanted to block the measure on checking the status of suspects pulled over by police. The questioning must follow a stop or arrest for something else, and the measure bars officers from holding someone solely on that suspicion. Opponents said it would encourage racial profiling.

During a hearing in Charleston Monday, the judge repeatedly referred to the provision as the “traffic dragnet” and he wrote in his ruling that it would ultimately ensnare far more “low priority targets” than was necessary and end up complicating federal immigration enforcement efforts.

Earlier this week, Gergel also denied the state’s request that the law proceed as scheduled and that he suspend all court hearings on the case until the U.S. Supreme Court rules on a challenge to Arizona’s similar law.

A spokesman for South Carolina Attorney General Alan Wilson said other parts of the law would go into effect Jan. 1. State prosecutors have said the nation’s high court will likely rule in six months or less.

Gergel has said blocking the whole law would have knocked out sections that are clearly lawful, like a requirement that all businesses check their new hires’ legal status through a federal online system. Businesses that knowingly violate the law could have their operating licenses revoked.

In the 42-page ruling, Gergel cast doubt on the state’s contention that the new law was intended to help federal authorities control immigration issues.

Defendants contend that Act 69 is nothing more than an effort to cooperate with the federal government in the pursuit of the common goal of immigration enforcement,” Gergel wrote. “Since the State of South Carolina has now been sued by the national government over its adoption of Act 69, it begs the question of the meaning of the word ‘cooperate.'”

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