Posts Tagged With: lawyer

How NOT to behave in Court

TJ Lane was facing life imprisonment for his felonious crimes. He killed three young teenagers and wounded others, leaving one paralyzed from the waist down. Perhaps the most shocking part of his crimes was his behavior in the courtroom. He showed no remorse as the families spoke of their loss and in fact, he was smiling the entire time. His defense attorney speaks out about his client’s behavior and notes just how appalling it was.

Skilled defense attorneys do everything they can to prepare a case for trial. But, it is hard to prepare for a situation like this. This young man not only bore a tee-shirt that said “killer” but he gave the middle finger to everyone in the courtroom during his sentencing.

There’s one particular thing to be said here and that is, if you are facing serious punishment for your crimes like the defendant in this case was, do not make it easier for the judge to rule against you. TJ Lane showed disrespect not only to the victims’ families but also to the Judge and Court. The legal system does not take this behavior lightly. As the presiding judge in this case remarked, “remorse was lacking.” It is against human nature for someone to feel sorry for you when you grin about committing such violent crimes. So, next time you go in front of a judge, be on your best behavior or be prepared to suffer the harshest punishment.

While a skilled defense attorney like Daniel Selwa can take you far in your case, you must also cooperate in a respectful manner. Hiring legal counsel is the best way to ensure your legal rights are protected but it is also up to you to ensure you act properly in front of the Court. For more information regarding this case, http://www.wmbfnews.com/story/21678477/life-in-prison-tj-lane-wears-killer-shirt-flips-middle-finger-to-courtroom-during-sentencing

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Arrested on St. Patrick’s Day?

ImageWMBF as well as other news sources broadcasted information on the Internet, television and radio regarding this past weekend’s festivities. Amongst the weekend’s events, the Grand Strand celebrated St. Patrick’s Day, a car show and a cheerleading competition. Since there was so much to look forward to over the weekend, local law enforcement wanted their presence to be known so that the fun did not get out of control. This WMBF news article issued a statement from local law enforcement that read, “If you are caught drinking and driving, you are going to jail.”

http://www.wmbfnewus.com/story/21660018/myrtle-beach-police-are-cracking-down-this-weekend. Were you arrested for a DUI this weekend? Perhaps you were instead arrested on public intoxication charges? Possibly, you were arrested for possession of marijuana? These are all events that can occur when you are out celebrating holidays like St. Patrick’s Day.

It is almost certain that local law enforcement dealt mostly with DUI related offenses this past weekend. DUI laws make it unlawful for a person to drive a motor vehicle if the driver’s ability to safely drive has been impaired by the effects of drugs or alcohol or the driver is intoxicated at a level above the established BAC (blood alcohol concentration). In South Carolina, if you have a BAC of .08 or higher, you are legally considered too drunk to drive and can be punished by law. The nature of the DUI charges against you depends on many factors including your prior convictions, the severity of the offense, and the level of intoxication and whether the offense caused injury or death.

Most of us have made the mistake of getting behind the wheel and driving after a few too many cocktails, unfortunately, it’s a common mistake. But, fortunately, the law offers ways to mitigate this mistake. Additionally, the law offers ways to mitigate the mistake of public intoxication and possession of marijuana. For example, in the case of a DUI related offense, your punishment for the crime could be mitigated because the law enforcement officer did not arrest you on probable cause, which is a required element of an arrest. Your punishment for a DUI related offense could also be mitigated because the law enforcement officer improperly conducted field sobriety tests on the scene.

If you have found yourself in a similar situation as one listed above, like being arrested for a DUI, contact your criminal defense attorney Daniel Selwa. If you choose not to contact an attorney, your punishment under the law will likely reach the maximum penalties which could include: imprisonment, excessive fines, suspension of driver’s license and court ordered alcohol/drug treatment or counseling.  Daniel Selwa is an experienced attorney who can help mitigate the punishment for your crime.

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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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Do you need a lawyer?

Often times, people are unsure or nervous about contacting an attorney. More times than not, people think that attorneys aren’t approachable. It’s easy to forget that attorneys are people just like you, they engage in the practice of law to pursue their lifelong passion and support their families. The media has a lot to do with how attorneys are portrayed and since they do indeed have such a big role in our society, they are often talked about in news coverage or shown as characters in television shows.

But, I am here to tell you, most attorneys pursue law because they want to make a difference in the area of law and they truly do care about their clients. The practice of law isn’t something you can just pick up and do, it requires an undergraduate degree, a juris doctorate degree and admission to a state bar. The necessary school and training on average takes about 7-8 years. That’s a lot of time to dedicate to something if you aren’t really in it for the right reasons.

Most importantly when evaluating whether or not you should hire an attorney and who that attorney should be, make the decision that feels best to you. Trust your gut. There are varying levels of competent attorneys just as in any profession. Some attorneys are just in it for the money, some are in it for themselves, and others are in it to help others. Talk with several attorneys and make an informed decision.

I found a great article that covers a lot of the basics about attorneys. It discusses what attorneys do, yes it’s true, they don’t just represent clients in the courtroom and it also discusses the qualifications a attorney must possess in order to practice law. For more information about attorneys go to: http://hirealawyer.findlaw.com/do-you-need-a-lawyer/lawyer-faqs.html

I hope you will feel more comfortable about contacting an attorney after reading this entry as well as reviewing the link posted above. Attorneys take an oath to support the Constitution and the Constitution guarantees you your rights. Attorney Daniel Selwa is committed to the practice of law and he will do whatever he can to help you win your case. Daniel Selwa practices all over Horry County and will be happy to speak with you today.

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What to do if you are involved in an automobile accident

One week before the South Carolina Bar Exam, my friend was struck by another car driven by a drunk driver. At the time of the accident, the roads were very wet due to the steady flow of rain. She told me how the impact of the hit and the slippery roads caused her car to slide several feet. A sense of panic and fear overwhelmed her as her car slid closer and closer to oncoming traffic. The sense of relief was even greater when finally; her car came to a halt. Soon after, she pulled over and so did the other car that struck her. The woman driving the car that hit my friend stumbled out of her vehicle.  Unsteady and shaky, my friend went on to tell me that she dialed the police immediately. The woman proceeded to plead with her to let her pay and leave. Quickly, my friend became aware that there was a strong possibility the woman might flee the scene of the accident. As she was talking to the police on the phone, she had the forsight to take down her tag number and noted the make and model of her car. So what was the outcome? Long story short, she didn’t flee, the police showed up, wrote a police report, searched her vehicle and arrested her.

Based on my experience and the law, I want to give you some advice regarding what you should do if you are involved in a car accident. First and foremost, don’t leave the scene of the accident. You can face criminal punishment for leaving the scene of an accident, particularly where injury is involved. Note, however, if you are involved in a car accident and you are in a remote area, proceed cautiously. It may be best to drive to the closest police station or public area to call the police.

Next, make sure to check on all the drivers and passengers. If someone is injured or trapped in a vehicle, you want to call for medical attention immediately. If everyone is okay, call the police.  It is important to obtain a police report of the accident so that if you have to be appear in Court, you have proofof the accident. It would also be wise to exchange information from the other driver and passengers involved in the accident. But, when conversing with the driver and passengers, be sure not to say too much. You don’t want to apologize for anything, if you do, that information could be used against in a Court of law.

Pictures, pictures, pictures! If you are able, take pictures of the damage at the scene of the accident. These pictures can serve as significant proof of who was at fault in the accident and how the injured party should be compensated.

When a police report is filed, insurance companies are usually contacted immediately. If you are the at fault driver, consult an attorney before you contact your insurance company or provide statements to any other insurance company.  Likewise, if you are not the at-fault driver, it would be advisable to contact an attorney to make sure you don’t get taken advantage of.  Remember one thing, whether your interest in this information is for criminal defense purposes or for personal injury purposes: Insurance companies are in business to make money, not help people.  Money is priority number one.

If you are injured in the automobile accident, it is extremely important to keep track of your medical treatment. You should keep a diary containing notes of all your doctors’ visits and referrals. You should also keep an itemized list of all the medical expenses you have incurred.

Lastly, don’t give up. Law enforcement and insurance companies alike may give you a hard time in pursuing your case. But, remember, you do have a case, if your property or person was injured at the hands of another or if you are being charged with a criminal driving offense, Daniel Selwa will work hard to help you.

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Arrested? Invoke Your Right to Counsel

Arrested? You might recall the arresting officer reading you your Miranda rights before taking you into custody. Part of your Miranda rights includes the right to an attorney. Our adversary system runs on the principle that the guilty will be convicted and the innocent will go free. The 6th amendment guarantees that every criminal defendant shall receive assistance of counsel if he so wishes to establish his defense. The 6th amendment right to counsel attaches at all critical stages in judicial proceedings. Examples of critical stages include physical line up, preliminary hearing, polygraph examination and sentencing. Examples of non-critical stages where you do not have the 6th amendment right to counsel include: photo line-ups, post arrest show-ups, fingerprinting, bail hearings and psychiatric examinations.

You must first be charged with a crime before your right to counsel attaches. But once you assert your right to counsel during the adversarial proceedings, police must honor your request for counsel and not initiate any questioning until your attorney is present. If the police do not honor your request and question you without your attorney, the information you give the police cannot be used against you. After you invoke your right to counsel, it is important to not say anything until your attorney gets there because if you initiate questioning, your admissions can be used against you.

So, why should you invoke your 6th amendment right to counsel? First and foremost, the police use an array of techniques in interrogation. Specifically, they use psychological manipulation to control you. They may play the bad cop, good cop game, or put the fear of the penalties in your mind for committing the crime. Sadly, it happens time and time again where an innocent person confesses to a crime in interrogation. The confessions often happen due to the stress and pressure created by the interrogation.  In one report, it is estimated that between 42% and 55% of suspects confess to a crime during interrogation.

Secondly, you should invoke your 6th amendment right to counsel because it is very difficult to proceed as a pro se litigant.  But, if you so wish, you may represent yourself in a court of law.  However, most defendants are not equipped with the legal knowledge that lawyers possess.  Furthermore, most defendants would find it difficult to argue their case when they have little to no experience in this kind of practice. Also, in order to effectively argue your case you must be able to see both sides of the situation and often times defendants will find it hard to see both sides of the situation due to their personal bias.

Lastly, you should invoke your 6th amendment right to counsel because everything you tell your attorney will be confidential. The attorney client privilege protects the client and any other person from disclosing confidential communications to counsel that are relative to a legal matter. Simply enough, if you admit you committed a crime to your attorney in his legal capacity, your attorney cannot go tell law enforcement or anyone else of your involvement in a crime.

Why wait until you have been charged with a crime to contact an attorney? Contact your local attorney Daniel Selwa today before you are indicted on criminal charges.

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Myrtle Beach Car Wrecks Lawyer

MYRTLE BEACH CAR WRECK INJURY LAWYER

Conway Truck Accident Attorney

Car accidents happen every day across Myrtle Beach. But do you know what you need to do after being hurt in an myrtle beach car accident? The actions you take in the hours and days after your accident can be crucial for determining the compensation you receive for damages such as medical expenses, pain and suffering, and lost wages.

At the law firm of Daniel A. Selwa, II, Attorney At Law, L.L.C., I am committed to helping Myrtle Beach motor vehicle accident victims get the full compensation they deserve and nothing less. I am here to answer all of your questions and walk you through every aspect of the legal process, making sure you understand your rights at all times.

Have you or a loved one has been hurt in an accident? First, seek medical treatment. Then contact me for a free consultation. You can reach my office right now by calling 843-450-7566.

Fighting the Insurance Companies for the Compensation You Deserve

As you read this, the opposing insurance company is likely seeking any way possible to short you on what you deserve in order to protect its bottom line. The company does not have your best interests at heart; I do. I will fight for your rights every step of the way, pursuing a settlement or jury verdict that provides you with the financial resources you need now and in the future.

If you have been injured in a car, truck or motorcycle accident, there are many complex issues that could make or break your case; these issues make it important to contact a lawyer as soon as possible so a thorough investigation can take place.

Contact a Myrtle Beach Car Wreck Injury Attorney

You can rely on me for the personal service you deserve. I am available 24 hours a day for my clients and look forward to helping you reach a successful outcome in your case. Contact me today for a free consultation.

 

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## Myrtle Beach Lawyer

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Horry County Personal Injury Lawyer

The definition of “personal injury” is an injury that affects any part of your body. In the legal world, personal injury describes an injury caused by the negligence or carelessness of another person. In many instances, the injured person is entitled to recover compensation from the person that caused the harm. The compensation may include money for medical bills, lost wages, and pain and suffering.

An accident can occur through the fault of either an individual or a business. The other party must be found to be at fault in an action that resulted in your injury. Personal injuries can be the result of vehicular accidents, biking and pedestrian accidents or ATV and boating accidents. Injuries resulting from a dog bite, a slip and fall or an unsafe product or medicine may also allow you to file a claim for financial compensation.

We know that you and your family may feel overwhelmed as your medical bills continue to grow while you are out of work and trying to recover your health. We will help you hold the careless person or company that caused your accident responsible in a court of law. The Law Offices of Daniel A. Selwa, II has been obtaining favorable verdicts and settlements in Myrtle Beach South Carolina, since 2004. A personal injury lawyer, including the Myrtle Beach, SC attorneys of Daniel A. Selwa, II, represent clients who are the victims of any kind of accident that was the direct result of another person’s negligence. Call us today at 843-450.7566, or fill out our FREE confidential online consultation form for a review of your case.

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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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