Mar 11, 2013 | Criminal Defense, Uncategorized
A Lancaster, South Carolina man is being charged with assault, criminal domestic violence, and malicious injury to property. According to the police report, the incident occurred at Spoke Bar and Grill in Lancaster. It is alleged that the man confronted a woman about speaking to another woman, and then punched the other woman in the face.
Thereafter, the woman left, walking into another bar; later in the night, the two met once again. Witnesses say that the boyfriend demanded that she come with him, backed her into a wall, grabbed her by the throat, and punched her in the face. Finally, as the man was walking out of the bar, he allegedly engaged in a fight with a bouncer at the bar.
A night of drinking can easily turn sour as alcoholic drinks are consumed; this can easily be escalated when personal issues are present in the life of someone who begins to drink. If you or someone close to you has been involved in an altercation, or are being charged with assault or battery as a result of a night out on the town, call the law offices of Reeves, Aiken & Hightower, LLP. For a consultation call 803-548-4444, or toll free at 877-374-5999.
Mar 11, 2013 | DUI & DWI, Felony DUI, Uncategorized
Recently, trial courts are managing the flow of litigation by utilizing G.S. 20-139.1(e)(2). This statute requires that implied consent cases be continued until the chemical analyst, who analyzed the defendant’s blood, breath, or urine, can be present. This is, of course, unless the defendant waives his rights to such an analysis.
This is very important in an impaired driving case, where now, courts must consider G.S. 20-139.1(e)(2). This statute states that “the case shall be continued until the analyst can be present,” and that “the criminal case shall not be dismissed due to the failure of the analyst to appear, unless the analyst willfully fails to appear after being ordered to appear by the court.”
In State v. Joe, 723 S.E.2d 339 (2012), the court determined that the trial court may grant a defendant’s motion to dismiss under G.S. 15A-954, or the State may dismiss pursuant to G.S. 15A-931. Thus, the legislature has instructed courts to continue certain implied consent cases so that a chemical analyst may appear. However, if an analyst willfully does not appear after having been summoned by the court, the court may grant an exception to this rule.
The overall question we are confronted with here is whether it is unconstitutional for a legislature to be involved so directly with trial court matters?
Article IV, Section 13(2) of the NC Constitution allows the General Assembly to “make rules of procedure and practice for the Superior Court and District Court Divisions,” and further provides that “no rule of procedure or practice shall abridge substantive rights or abrogate or limit the right of trial by jury.” So, the General Statute is likely constitutional in that the legislature is in a proper area to make determinations.
If you or someone close to you has been charged with a DUI, or alcohol related crime in North Carolina, make sure that you are covering every possible base. G.S. 20-139.1(e)(2) can be a protection measure for many people; it ensures that the scientific tests, which is the most reliable evidence in a DUI case, must be presented through a chemical analyst. At Reeves, Aiken & Hightower, LLP., we stay up to date on the most recent North Carolina decisions so that we can represent our clients in the most efficient way possible. If you have been charged with driving under the influence, call our Charlotte, North Carolina office at 704-499-9000 for a consultation.
Mar 8, 2013 | Criminal Defense, Uncategorized
Recently, Lancaster County South Carolina Sheriffs Office charged a man in connection with the shooting death of a Heath Springs man. The victim was found dead on the side of the Beecher Horton Road in Heath Springs, SC.
The victim was discovered by a passerby, who found that the man was dead, likely from a gun-shot wound. The police report alleges that there was an altercation between the two men, and the body was “dumped” on Beecher Horton Road.
The assailant is currently in custody at the Lancaster County Detention Center where he is awaiting a bond hearing. However, the case is still under investigation.
If you or a someone close to you have been charged in connection with a violent crime, call the law offices of Reeves, Aiken & Hightower, LLP. In this system criminals are innocent until proven guilty, and we will ensure that full consideration of your rights are taken. For a consultation, call our Baxter Village office in beautiful Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
Mar 8, 2013 | Criminal Defense, Drug Crimes and Controlled Substances Defense, Felony Drug Possession, Uncategorized
A group of Hell’s Angels’ members in the northern South Carolina region are set to go in front of a judge and jury. The two year investigation tallied up charges for members ranging from drug trafficking, money laundering, and prostitution.
The police allege that the group president, from Lancaster, SC, directed and approved criminal activity of other members of the motorcycle gang. Police even contend that he was involved personally in some of the crimes.
If you or a loved one has received charges resulting from a criminal investigation, make sure to call on proper representation. At Reeves, Aiken & Hightower, LLP., we understand the stigma that is associated with being associated with motorcycle compatriots, and further understand that confusion can be associated with being involved in such a group. Therefore, if you have been charged with a crime because of your association with a motorcycle group, call our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999, for a consultation.
Mar 8, 2013 | DUI & DWI, Uncategorized
A Chester, SC man will likely be charged with driving under the influence after he drove his car into a pool last week. The 32-year-old driver was airlifted to Carolinas Medical Center with serious injuries after he was rescued from the pool by emergency workers.
The crash is currently under investigation as the police believe the man was under the influence. The man resided across the street from where the accident occurred.
If you or a loved one has been charged with DUI, or a related charge, call the law offices of Reeves, Aiken & Hightower, LLP. We have experienced attorneys who are ready to fight for you. Call our BaxterVillage office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
Mar 7, 2013 | Criminal Defense, Uncategorized
A Chester, South Carolina teenager shot a gun into a car carrying two women and a child earlier this week. Authorities say the woman was driving a black Lincoln when the 17-year-old shot at the car four times.
Chester Police Department reported that three passengers were in the car; it does not state whether anyone was injured in the shooting. Police searched for the alleged shooter into the following day when he was apprehended with the help of the counties K-9 unit.
If you or a loved one has been charged with a violent crime, call the law offices of Reeves, Aiken & Hightower, LLP. We have attorneys with over 15 years of experience in the realm of criminal defense. For a consultation, you can call our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
