Practice Areas Archives - Pisarik Law Firm

DRIVING UNDER THE INFLUENCE (DUI) DEFENSE

Craig — Wed, 28 Aug 2013 17:39:52 +0000

Driving Under the Influence (DUI) in South Carolina is a serious charge.

So you have been charged with Driving Under the Influence (DUI) in South Carolina, now what? Driving Under the Influence is a serious charge with varying penalties and potentially long term consequences. Because of an increased emphasis on reducing DUI related accidents and deaths in South Carolina, law enforcement and prosecutors have taken a hard stance on this crime. But just because you have been charged with DUI, doesn’t mean you are guilty. Contact Pisarik Law Firm today to speak with an experienced DUI lawyer about your DUI defense.

DUI cases can be highly technical. There are many legal requirements that an officer must adhere to in each DUI stop and/or arrest. It takes an experienced DUI lawyer to know all of the subtleties to look for and how to best use them to your advantage. Having handled hundreds of DUI cases as a former DUI prosecutor and DUI lawyer, Craig Pisarik has extensive experience in the area of DUI. Mr. Pisarik is also a member of the National College for DUI Defense, and is certified in DWI Detection and Field Sobriety Testing by the National Highway Traffic Safety Administration (NHTSA). Contact Pisarik Law Firm today for a free consultation. 803-415-2733.

Elements of DUI First Offense:

If you have been charged with a DUI First Offense, the State must prove the following elements according to SC Code of Laws 56-5-2930:

Driving a vehicle
Within the State of South Carolina
While under the influence of alcohol, drugs, or combination of alcohol and drugs
To the extent that a person’s faculties to drive a motor vehicle are materially and appreciably impaired

Often times, the State introduces the results of a breath test (also known as a breathalyzer or Datamaster test) or chemical test to prove that a person was under the influence of alcohol. In South Carolina, if a person registers a .08 or more during their breath test it may be inferred that the person was under the influence of alcohol. However, blowing over a .08 does not mean that you are automatically guilty of a DUI. Further, having a blood alcohol level over a .08 does not always mean a person’s faculties to drive are materially and appreciably impaired. In addition to alcohol, a person can be charged and prosecuted for DUI if they have drugs in their system. (See our blog post on DUI related to alcohol versus DUI related to drugs for a full discussion)

Penalties for DUI First Offense:

The penalties for a Driving Under the Influence conviction are severe. A person convicted of a first offense DUI faces the following potential penalties:

Fines: A conviction can lead to fines from $997.00 to over $2,000.00
Driver’s License Suspension: a six (6) month driver’s license suspension
Counseling: Required participation in Alcohol and Drug Safety Action Program Counseling classes (ADSAP).
Insurance: Requirement of SR-22 Insurance
License Fees: Reinstatement Fees

In addition to these penalties, a conviction for Driving Under the Influence will stay on a person’s record for the rest of their life, potentially affecting future job prospects, career advancement, earning potential, and quality of life. A person convicted of a DUI second offense, DUI third offense, or felony DUI can face increased penalties and jail time.

Refusal to submit to breath test:

A refusal to submit to a breath, urine, or drug test under South Carolina’s Implied Consent to testing for alcohol statute 56-5-2950, may result in an additional six (6) month driver’s license suspension and the refusal may be used against a person during their DUI case. However, that suspension can be challenged through a South Carolina Office of Motor Vehicle administrative hearing. A driver’s license suspension for a refusal to submit to an implied consent test can only be challenged within a limited time frame, however, so don’t wait, call an experienced DUI attorney at Pisarik Law Firm today to protect your rights.

Drivers license suspensions:

Just because you face a driver’s license suspension from a DUI charge, doesn’t mean that you don’t have options. You may be eligible for a Temporary Alcohol License, a Route Restricted Driver’s License, or a Provisional License. Call Pisarik Law Firm today to discuss your license options.

Contact a DUI lawyer at Pisarik Law Firm today for a free consultation to discuss your DUI defense.

When facing the serious consequences of a DUI charge, you need a DUI lawyer to fight for you. Contact a former DUI prosecutor and an experienced DUI attorney at Pisarik Law Firm today for a free consultation. 803-415-2733

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DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION (DUAC) DEFENSE

Craig — Tue, 27 Aug 2013 13:05:10 +0000

Although Not as Well-Known as DUI, DUAC is a Common and Serious Offense in South Carolina

Driving with an unlawful alcohol concentration (DUAC) is a similar charge to driving under the influence (DUI) in South Carolina. However, while you may have heard of DUI, you may be unfamiliar with DUAC. DUAC is a serious crime with potentially severe and long lasting consequences. If you have been charged with DUAC, contact Pisarik Law Firm. Craig Pisarik has extensive experience handling DUAC cases as a former prosecutor and as a criminal defense attorney. Mr. Pisarik is also a member of the National College for DUI Defense. Call today to discuss your options with a DUAC attorney.

Elements of DUAC First Offense:

In order to prove that a person is driving with an unlawful alcohol concentration, the State must prove that a person:
1.) Drove a motor vehicle 2.) in the State of South Carolina 3.) while their blood alcohol concentration was .08 or higher. Unlike the charge of DUI, the State does not need to prove that a person’s faculties to drive are materially and appreciably impaired. The State need only prove that a person’s blood alcohol concentration was over the .08 threshold while they were driving a motor vehicle in South Carolina.

A person will only be charged with DUAC if they submit to a breath sample on the Datamaster machine, give a urine sample, or have their blood drawn and tested. However, just because you have been charged with DUAC or gave a sample that tested over .08 does not mean that you are guilty. Call Pisarik Law Firm for a free consultation today. It won’t cost you anything to discuss your options with an experienced DUAC attorney.

Penalties for DUAC First Offense:

The penalties for a DUAC first offense are the same as the penalties for DUI first offense.
A person convicted of a first offense DUAC faces the following potential penalties:

Fines: A conviction can lead to fines from $997.00 to over $2,000.00
Driver’s License Suspension: a six (6) month driver’s license suspension
Counseling: Required participation in Alcohol and Drug Safety Action Program Counseling classes (ADSAP).
Insurance: Requirement of SR-22 Insurance
License Fees: Reinstatement Fees

In addition to these penalties, a conviction for DUAC will stay on a person’s record for the rest of their life, potentially affecting future job prospects, career advancement, earning potential, and quality of life. A person convicted of a DUAC second or third offense can face increased penalties and jail time. In addition, a previous DUI conviction can be used to enhance a DUAC charge to a second or third offense. Similarly, a previous DUAC conviction can be used to enhance a subsequent DUI charge to a second or third offense.

Driver’s License Suspensions

Similar to DUI, a conviction for DUAC can lead to a driver’s license suspension. Additionally, if the breath, blood, or urine sample given registers at a .15 or higher, a person’s driver’s license or privilege to drive in South Carolina will be revoked immediately. However, just because you have given a sample that has registered over a .15, does not mean that you are out of options. Contact Pisarik Law Firm today to discuss your options for getting back on the road.

Contact a Rock Hill DUAC Attorney at Pisarik Law Firm Today to Discuss Your DUAC Defense

When facing a charge as serious as Driving with an Unlawful Alcohol Concentration (DUAC) you need an experienced trial attorney on your side. Contact a former DUI and DUAC prosecutor and experienced DUAC attorney at Pisarik Law Firm today for your free consultation. 803-415-2733

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CRIMINAL DOMESTIC VIOLENCE (CDV)

Craig — Mon, 26 Aug 2013 17:39:23 +0000

Criminal Domestic Violence Cases Receiving More Scrutiny

South Carolina has seen a major increase in Criminal Domestic Violence (CDV) cases over the years. As a result, South Carolina and the Federal Government have devoted more resources toward this issue.

To this end, in many counties South Carolina has created special domestic violence courts and specifically appointed domestic violence prosecutors to handle these cases.

Law enforcement has become more aggressive with CDV arrests and prosecutors more reluctant to dismiss domestic violence cases. On June 4, 2015, the Domestic Violence Reform Act, was signed into law, further increasing the penalties for someone convicted of criminal domestic violence. (If you have been charged with criminal domestic violence after June 4, 2015, be sure to visit us here for a discussion of the new law) The increased efforts to prosecute people charged with CDV makes it more important for you to contact an experienced former Special City Domestic Violence prosecutor at Pisarik Law Firm today to discuss your case. 803-415-2733.

Mandatory Arrest & Victimless Prosecution:

South Carolina has adopted mandatory arrest provisions for certain domestic violence cases and even allows for warrantless searches in certain instances where domestic violence is involved. In addition, CDV prosecutions may still go forward against the wishes or without the cooperation of the alleged victim in the case.

Elements:

A common misconception of the general public is that every domestic violence case involves actual physical violence. Another misconception is that domestic violence can only occur against females. Neither is true under South Carolina Law. In order to be convicted of Criminal Domestic Violence the State must prove:

A person caused physical harm or injury to a person’s own household member; OR
A person offered or attempted to cause physical harm or injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.

With the passing of the new Domestic Violence Reform Act, certain aggravating factors can now be used to enhance a criminal domestic violence charge. If you have been charged with criminal domestic violence after June 4, 2015, be sure to visit us here for a discussion of the changes to the criminal domestic violence laws.

Household Members:

In South Carolina, only household members as defined by SC Code of Laws 16-25-10 can be charged with Criminal Domestic Violence. Household member means:

A spouse
A former spouse
Persons who have a child in common; OR
A male and female who are cohabiting or formerly have cohabitated.

Penalties:

A criminal domestic violence conviction can not only have long lasting effects but also carry with it certain social stigmas. If convicted of Criminal Domestic Violence, a person not only faces potential jail time or fines, but also the loss of a right to own or possess a firearm or ammunition in the future. However, just because you have been arrested for CDV does not mean that you are guilty. Contact a domestic violence attorney at Pisarik Law Firm today to discuss your domestic violence defense.

Criminal Domestic Violence of a High and Aggravated Nature:

Prior to June 4, 2015, domestic violence cases that have an assault and battery which involves a deadly weapon or serious bodily injury or even an assault without a battery, which would reasonably cause a person to fear imminent serious bodily injury or death can lead to a charge of criminal domestic violence of a high and aggravated nature (CDVHAN). A conviction for CDVHAN prior to June 4, 2015, carries a mandatory minimum jail sentence of one year up to as much as ten years.

After June 4, 2015, the new definition and penalties for domestic violence of a high and aggravated nature established by the Domestic Violence Reform Act will be applied. Be sure to visit us here for a discussion of the changes to the domestic violence of a high and aggravated nature law.

Contact an experienced domestic violence attorney at Pisarik Law Firm today for a free consultation to discuss your domestic violence defense.

There are two sides to every story. If you have been arrested for criminal domestic violence give the Pisarik Law Firm a call to talk about your case. As a former Special City Prosecutor for Domestic Violence, Craig Pisarik has not only handled hundreds of Domestic Violence cases, but he has also presented at Judicial CLEs and trained police officers on the topic of CDV laws and procedures. Put that experience to work for you today by calling a domestic violence lawyer at Pisarik Law Firm for a free consultation. (803)-415-2733

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DRUG CHARGES

Craig — Mon, 26 Aug 2013 17:38:23 +0000

Drug offenses are one of the most commonly prosecuted charges in South Carolina.

A “drug” is any substance classified in Schedules I-V as found in South Carolina Code Sections 44-53-180 through 44-53-270. Not all drug offenses are the same, however, carrying a wide array of punishments, including lengthy prison sentences, depending on the schedule of drug.

Drug offenses are also enhanceable, meaning an accused may face harsher penalties for subsequent drug convictions.

Depending on the amount of drugs confiscated and the prior history of an accused, charges may vary. Drug offenses often fall into three major categories:

1 – Simple Drug Possession:

Being in possession of a quantity of a substance listed in one of the Schedules I-V without a valid prescription is a crime in the State of South Carolina. These crimes can range in jail sentence length from a possible thirty days for a first offense possession of 28 grams (1 ounce) or less of marijuana up to 10 years for a third offense possession of less than 1 gram of cocaine. These offenses can carry varying fines and may stay on a person’s criminal record forever if convicted depending on the type of offense.

2 – Manufacturing, Distribution, & Possession with Intent to Distribute:

Manufacturing, distributing, or possessing drugs with an intent to distribute can carry higher penalties than simply possessing drugs. An inference may arise that a person intends to distribute drugs by the amount of drugs confiscated alone, without any other evidence that a person plans to sell the drugs. This inference can lead to harsher penalties for a person who was simply possessing drugs with no intention of ever distributing those drugs. Manufacturing, distributing, or possessing with the intent to distribute drugs can carry significant jail sentences and large fines.

3 – Trafficking:

Based upon the amount of drugs that are confiscated, a person may be charged with trafficking drugs. A charge for trafficking drugs often carries significant jail time, which may include mandatory minimum jail sentences if convicted. A conviction for trafficking drugs may constitute a strike and can lead to life imprisonment in certain circumstances.

Constructive Possession and Illegal Search and Seizure

Just because you have been charged with a drug offense does not mean that you are guilty. You may have been charged for being in the same area of drugs under the theory of constructive possession. You may have been arrested as a result of an illegal search and seizure under the Fourth Amendment.

Contact a criminal drug lawyer and defense attorney at Pisarik Law Firm today for a free consultation to discuss your drug arrest defense.

At the Pisarik Law Firm, we represent people on a variety of different drug charges including: Marijuana, Synthetic Marijuana, Cocaine, MDMA (Ecstacy), Crack, Methamphetamine (“Meth”), Lortab, Oxycontin, Oxycodone, Percocet, Hydrocodone, Vicodin, Xanax, and other drugs classified in the statutory schedules I-V.

If you have been charged or are under investigation for a drug crime, contact an experienced criminal drug lawyer at Pisarik Law Firm today to discuss your drug arrest defense. Initial consultations are free of charge. 803-415-2733

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BOND HEARINGS

Craig — Mon, 26 Aug 2013 17:25:27 +0000

Protect Yourself by Having Your Criminal Defense Attorney Present at Your Bond Hearing

After an arrest, an accused is entitled to a reasonable bond. The right to a bond that is not excessive is protected by our State Constitution. Article 1 Section 15 of the South Carolina State Constitution states, “All persons shall be, before conviction, bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses or offenses punishable by life imprisonment, or with violent offenses defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event. Excessive bail shall not be required, nor shall excessive fines be imposed, nor shall cruel, nor corporal, nor unusual punishment be inflicted, nor shall witnesses be unreasonably detained.”

The factors to be considered during a bond hearing are whether the accused is a flight risk and a danger to society, to include the nature of the charged offense and the prior record of an accused. Bonds can be set at any amount that the judge deems appropriate in order to ensure the accused’s presence at further Court proceedings. Bonds are not meant to be a punishment. They are simply a tool to help ensure that an accused will show up to future Court proceedings and not flee.

At Pisarik Law Firm we will guide you through the bond hearing process, argue on your behalf during the hearing, and seek the lowest possible bond for your case. Securing a low bond can mean the difference between remaining in jail or being released to your loved ones during the remainder of your case.

Bond hearings are often held in front of a Magistrate Judge; however, for certain offenses a General Sessions Judge will set bond. At Pisarik Law Firm we represent people during bond hearings on many different types of charges to include both felonies and misdemeanors.

Contact a Bond Hearing Lawyer and an Experienced Defense Attorney at Pisarik Law Firm to Help You With Your Bond Hearing

Contact an experienced bond hearing lawyer and criminal defense attorney at Pisarik Law Firm today. It won’t cost you anything to see if we can help you with your bond hearing. 803-415-2733

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UNDERAGE DRINKING

Craig — Mon, 26 Aug 2013 17:16:22 +0000

Underage Drinking Ticket Defense

As children get older and begin to make decisions independently of their parents, problems may arise. What may seem like a harmless decision to drink before the age of 21 can have substantial repercussions.

In the State of South Carolina it is illegal for a person under the age of 21 to purchase, consume, or possess alcohol, including beer, wine, and liquor. At times, a person may be charged with underage drinking for simply being in the wrong place at the wrong time.

Underage drinking violations may violate college codes of conduct and subject students to additional academic penalties. Make sure your rights are protected by contacting an underage drinking ticket lawyer at Pisarik Law Firm, today to discuss your minor in possession of alcohol defense.

Penalties

A person convicted of underage drinking faces jail time or fines, as well as driver’s license suspensions. Further, a minor convicted of consuming or possessing alcohol will have to complete an alcohol prevention education or intervention program. The program must be a minimum of eight hours and the cost to the person may not exceed one hundred fifty dollars, according to South Carolina Law.

Additionally, a conviction for underage drinking can affect a person’s criminal record. Having a criminal record can create problems with education, receiving a loan, finding jobs, or advancing in a position. At the Pisarik Law Firm, we understand that a person’s future needs to be protected even at a young age. Just because you have been arrested or ticketed for underage drinking or possession does not mean that you are guilty of underage drinking or possession.

Contact a Drinking Ticket Lawyer at Pisarik Law Firm

To discuss minimizing the life long consequences of one bad decision, contact an experienced drinking ticket lawyer and criminal defense attorney today at Pisarik Law Firm for a free consultation to discuss your case. (803) 415-2733.

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TRAFFIC VIOLATIONS

Craig — Mon, 26 Aug 2013 14:37:21 +0000

As you catch the blue lights in your rearview mirror, the realization that they are for you causes most people’s heart to start racing. As the officer hands you a ticket and you drive away, you may be unaware of your options. Receiving a traffic ticket can be a big hassle and an expensive ordeal. At the Pisarik Law Firm, we understand the importance of your need to drive. Whether it is an officer’s dashboard camera or faulty radar detection equipment, evidence may exist that can be used in your defense.

Traffic Ticket Defense

Contact a traffic lawyer at Pisarik Law Firm today to discuss your traffic violation options. We can represent you for a traffic violation even if you don’t reside in South Carolina. Just because you have been charged with a traffic violation doesn’t mean you are guilty.

Consequences of traffic violation conviction

A person convicted of a traffic violation can face many unwanted consequences. Traffic violations may lead to expensive fines, time consuming court appearances, increased insurance costs, and visits to the DMV. Additionally, a person charged with certain traffic offenses may receive points against their license. An accumulation of twelve points can lead to a driver’s license suspension.

A list of the common traffic tickets and their associated points are:

Traffic Offenses	Points
Hit and Run, property damage only	6
Reckless driving	6
Passing stopped school bus	6
Speeding 25 mph or more above posted limit	6
Disobedience of any official traffic device	4
Disobedience to official directing traffic	4
Disregard railroad sign or signal	4
Disobedience to signal of approaching train	4
Driving on the wrong side of the road	4
Driving through or within safety zone	4
Failure to give or giving improper signal	4
Failure to yield right of way	4
Following too closely	4
Operating with improper brakes	4
Passing unlawfully	4
Speeding more than 10mph but less than 25	4
Driving too fast for conditions, over 10mph	4
Turning unlawfully	4
Defective tail light	2
Driving a vehicle in an unsafe condition	2
Driving in improper lane	2
Failure to dim lights	2
Improper backing	2
Improper dangerous parking	2
Operating with improper lights	2
Shifting lanes improperly	2
Speeding 10mph or less	2
Driving too fast for conditions, 10mph or less	2

Traffic offense with a commercial driver’s license (CDL)

Traffic offenses can be especially penalizing for a person who has a CDL. If you have a CDL, your ability to earn a living may be detrimentally affected by a conviction for a traffic violation. With so much on the line, don’t go into Court before learning about your options.

Contact a traffic lawyer at Pisarik Law Firm, LLC in Rock Hill, South Carolina today for a free consultation before you try to handle a traffic ticket on your own or rely on information given to you by the officer, family, or friends. 803-415-2733.

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JUVENILE CRIME

Craig — Sat, 24 Aug 2013 14:35:50 +0000

Juvenile Crime Defense

As parents know well, children make mistakes. As children learn and grow, they may make mistakes that lead to an arrest or a criminal citation. If you have a child that has been arrested or charged with a crime, you may be wondering what to do next. Before you decide to go at it alone, contact an experienced juvenile crime defense lawyer at the Pisarik Law Firm to discuss your child’s case. Initial consultations are free of charge.

Juvenile Crime Consequences

Unlike adult crimes, juvenile crimes are handled in Family Court. The Court setting and Court processes can be much different than adult cases handled in General Sessions or Magistrate Court. For instance, juveniles are not entitled to jury trials like adults. Their cases are heard by a Family Court Judge instead. However, just because it is a juvenile crime, doesn’t mean the penalties can’t be severe. Juveniles may be incarcerated at the Department of Juvenile Justice through their 21st birthday, may be put on the sex offender registry, or may even be tried as an adult in certain circumstances. To make sure that your child’s rights are protected, contact a criminal defense attorney at Pisarik Law Firm today.

Deferred Prosecution and Expungement

Juvenile Court has numerous options for deferred prosecution that can give children the help they may need without harming their future. However, these options may have important differences or consequences you may not know about. In limited circumstances, a juvenile may be eligible to have their record expunged after their 18th birthday.

Contact a Criminal Defense Attorney at Pisarik Law Firm today

To make sure that your child is protected from potentially life altering consequences, contact a juvenile crime defense attorney and criminal defense lawyer at Pisarik Law Firm to set up a free consultation today. Before 803-415-2733

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VIOLENT CRIMES

Craig — Sat, 03 Aug 2013 14:51:58 +0000

Violent Crimes Defense

Violent crimes in South Carolina can include: Armed Robbery, Burglary, Kidnapping, High Level Assault, Murder, and other crimes. Violent crimes are defined by statute in SC Code Section 16-1-60. According to the South Carolina State Constitution, an accused may be denied bond if they have been charged with a violent crime. However, just because you have been arrested for a violent crime does not mean that you are guilty of a violent crime. Contact a criminal lawyer with violent crimes defense experience at Pisarik Law Firm to discuss your violent crime defense.

Violent crimes are often complex cases with volumes of evidence. These cases may present the need for expert witnesses. If you are charged with a violent crime be sure to have an experienced criminal attorney working for you. Craig Pisarik at Pisarik Law Firm is a former prosecutor with violent crimes experience.

Penalties

Violent crimes often carry significant jail time and can be strikes under our two and three strike laws. This can lead to life imprisonment in certain cases. Violent crime convictions may carry mandatory minimum jail sentences in certain situations. In addition to lengthy prison sentences, a violent crime conviction may cause you to lose important rights, such as the right to own a gun. Whether you have a lengthy prior record or have never been in trouble, a violent crime conviction has the potential to affect the rest of your life.

Contact a Defense Attorney at Pisarik Law Firm to Help With Your Violent Crime Defense

Pisarik Law Firm provides aggressive criminal defense to clients charged with violent crimes. As an attorney experienced in handling violent crimes, Mr. Pisarik will investigate your case, provide you with options, and ensure your rights are protected. With so much at stake, you need an experienced criminal defense attorney to fight on your behalf. Call today for a free consultation. 803-415-2733

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