July 2012 Archives

Car Accidents in Myrtle Beach

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It seems that there is a report of a fatal car crash in the news weekly in Myrtle Beach, especially in the summer.  Accidents are caused by a number of factors, but driving under the influence is a major contributing factor here in Myrtle Beach.  Many people come to Myrtle Beach in the Summer for vacation and want to have a good time, and often drink and drive. Personal injury attorneys in Myrtle Beach are well-aware that alcohol is a contributing factor in a variety of accidents, ranging from a motorcycle accident, to car accidents or a boating accidents.

When a person is injured in an accident in Myrtle Beach, the injured party may incur a great deal of medical expenses. It is a good idea to hire a Myrtle Beach personal injury lawyer to protect a party’s rights.  In these types of cases, the most common cause of action in a lawsuit is negligence.  In order to prove negligence in a civil lawsuit, a personal injury lawyer in Myrtle Beach must prove that a duty was owed to the party, that this duty was breached, that the injury was caused by this breach and was foreseeable and lastly, the damage to the injured party must be proven in court.  Damages are usually proven through medical bills and lost wages and pain and suffering is also a factor that is considered.

It is important to hire a Myrtle Beach personal injury attorney if you are involved in an accident.

Cruise Will Pay Millions in Child Support

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Holmes and Cruise reached a settlement very quickly, likely due to reports that Cruise had Holmes sign an iron clad prenuptial agreement before they were married.  Prenuptial agreements address property distribution, distribution of other assets as well as alimony.  It appears that Holmes did not try to have the prenuptial agreement set aside, but in fact decided to file for sole custody of their daughter.  Prenuptial agreements do not address child custody or child support.

When examining South Carolina’s child custody laws, certain factors are considered by a Family Court Judge at a custody hearing.  Child custody cases in South Carolina usually begin with a Temporary hearing, during which South Carolina family lawyers, in Myrtle Beach or Horry County, present affidavits to a Family Court Judge, who then makes a decision on a temporary basis.  A Guardian ad Litem is appointed to the case to represent the child.  The court considers  several factors when examining a custody case, including but not limited to: the age and fitness of the parents, who has been the primary caretaker of the child, a parent’s morality, education and parenting skills as all as any evidence of abuse.

In South Carolina, the primary custodial parents receives child support from the secondary custodial parent in a joint custody arrangement.  In a sole custody arrangement, the parent with visitation rights pays child support to the custodial parent.   Reports have suggested Cruise could have to pay more than $10 Million dollars by the time Suri, their six year old daughter, reaches the age of 18.  Therefore, Holmes is the primary custodial parent, and Cruise likely has liberal visitation rights.

Standard visitation is usually every other weekend beginning Fridays at 6 p.m. and ending Sundays at 6 p.m.  Major holidays, including Christmas, Thanksgiving and Easter are rotated.  For example, the Christmas Holiday usually last for roughly two weeks, so if one party has the first week in the even numbered years, the other parent will have the first week in the odd numbered years, rotating weeks every year.  The party with visitation also usually receives anywhere from 2 to 4 weeks of summer visitation.  Cruise likely has more than standard visitation.  In a joint custody arrangement in which one party is the primary custodial parent and the other parent is the secondary custodial parent, the secondary parent may have extended alternating weekends, from Thursday to Sunday or Monday, or may have an overnight during the week if the parties live in the same area.  The secondary parent likely will receive more time in the Summer as well.

Experienced Family Court attorneys in Myrtle Beach understand that a a child custody case are extremely difficult and emotional.  Parents in a custody case often attempt to resolve the case via a settlement agreement, just as Holmes and Cruise have done with their divorce in order to avoid a lengthily court battle. If you have questions regarding child custody, child support or a divorce in South Carolina, contact our Myrtle Beach family lawyer.  Our Myrtle Beach family lawyer will answer your questions about family law in South Carolina.

Another Automobile Related Death in the Myrtle Beach Area

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Today, a woman has been killed in an automobile accident near Surfside Beach, South Carolina.  The accident occurred on U.S. 17, which is one of the most dangerous roads in the this part of the state.  It appears from initial reports that the accident occurred during rush hour and several vehicles were involved in the collision.  I passed the exact area where the accident occurred about 15 minutes prior to the accident.  This road is extremely dangerous because of the amount of traffic entering and exiting the highway.

There is some confusion about the proper way to enter and exit this stretch of road.   The numerous businesses adjacent to the highway make for visual distractions, which at times contribute to the motor vehicle collisions in the area.  It is horrible when someone is killed on a road with a speed limit of 55.  There definitely was some negligent conduct by one or more of the drivers involved.  A good personal injury lawyer in Myrtle Beach would be helpful in sorting out who was at fault and what type of injury case each victim may have .  The family of the deceased woman may also have a claim for wrongful death.

A wrongful death claim requires the opening on an estate.  In this case there must be a determination as to what county the accident occurred in.  This location is very close to the boarder for both Horry County and Georgetown County.   Once the estate is opened the case begins and a lawsuit is usually filed on behalf of the personal representative.  Our Myrtle Beach injury lawyers have experience in this type of case and would be eager to assist anyone injured in this accident.  Our condolences go out to the woman’s family.

Feds Target Medical Marijuana Operation

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The federal government is trying to close down the country’s largest medical marijuana dispensary operation, filing papers to seize properties in Oakland and San Jose where Harborside Health Center does business. Copies of the federal Complaint for Forfeiture were taped to the front doors of the two dispensaries Tuesday, alleging that the business was “operating in violation of federal law.”

Those who advocate the use of medical marijuana, as well as some state and local officials, decried the action, saying it is harmful to patients who are in legitimate need of the drug and breaks several promises by President Obama’s Justice Department that it was only going to target the operations near schools and parks or otherwise in violation of California state laws. The U.S. attorney for Northern California, Melinda Haag, said she now has “the need to consider actions regarding marijuana superstores such as Harborside because they presented unique opportunities for abuse.”

According to Norml.org, an organization dedicated to reform medical marijuana laws in California, “56% of voters approved Proposition 215 on November 5, 1996. The law took effect the following day. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a “written or oral recommendation” from their physician that he or she “would benefit from medical marijuana.” Patients diagnosed with any debilitating illness where the medical use of marijuana has been “deemed appropriate and has been recommended by a physician” are afforded legal protection under this act. Conditions typically covered by the law include but are not limited to: arthritis; cachexia; cancer; chronic pain; HIV or AIDS; epilepsy; migraine; and multiple sclerosis. No set limits regarding the amount of marijuana patients may possess and/or cultivate were provided by this act, though the California Legislature adopted guidelines in 2003.”

If you or someone you know is facing criminal charges, you will need to speak with an experienced criminal defense attorney in your area. One of the Myrtle Beach criminal defense lawyers at The Mace Firm is ready to speak with you about your case. Call one of the Myrtle Beach criminal lawyers to schedule your free consultation.

Attorney General Holder Refusing to Turn over Documents to Congress

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In what appeared to be in direct contrast to the administrations position on transparency in government, the attorney general has refused to provide Congress with documents requested in relation to the botched gun smuggling operation into Mexico.  The true sad reality about the United States Justice Department is that no matter what they say, they will never give all the documents, all the facts or all the evidence.  It is clear from the actions of different divisions of the Justice Department that there is an unwritten rule, “withhold any and everything that could make us look bad.”  Senator Stevens died before he could be completely vindicated from the actions of the United States Attorney malfeasance.  There is an old saying in many prosecutors offices, “it takes a good prosecutor to convict an guilty man, but it takes a great prosecutor to convict an innocent man.”  There is no stopping the power of the United States law enforcement.  The federal judiciary does little to curtail the power of the justice department.  Every federal judge has some experience with the power of the federal prosecutor prior to becoming a federal judge.  The FBI goes to some lengths investigating prospective judges prior to their Congressional confirmation.  To shed some light on this scenario it is as if the fox was interview the dog that would guard the chickens.  How can law enforcement be involved in approving the one person who can stop illegal government action.

Eric Holder knew he did not have to turn over any documents to Congress.  He went to Congress because he did not want to make the president look bad, but he knew there was nothing they could do to him.  Now, what is the next step in this investigation? NOTHING.  The justice department decides when and what they will investigate and they are not about to investigate their boss for refusing to follow the orders of a Congressional subpoena.   Many of my clients that are charged with federal offenses for the first time are shocked at how one sided the system really is.  Forget a fair fight, you are going into the ring against the power of the most powerful country in the world.  It takes skill and knowledge to win a federal trial as a federal criminal defense lawyer.  You can be the best criminal defense lawyer in your state, but if you have never been to federal court, you are in for surprise.  There are no rules designed to protect the innocent.  If the grand jury indicts, then the government knows they have their man.  If the grand jury does not indict, then the government will have to wait until the next convening to present the case to a new grand jury.  By the way, all this grand jury stuff is confidential and the public is not allowed to see what goes on in grand jury proceedings.  On that same note, ever wonder why there are not cameras or video allowed in federal court.  What goes on in the tax funded buildings that we as tax payers cannot see or hear?

It goes then that the attorney general of the United States answers to no one except the President. If you are wrongfully convicted of a federal crime and it is later discovered that the prosecutor intentionally withheld evidence in your favor.  You may go free and the prosecutor will also go free because they all have immunity.  There is never any fear that they have the wrong man, because they will not even get fired if they lie to the court. Federal criminal defense is a tough area of law to practice, but when you win a case, it is a big win.  They are difficult to come by no matter who the criminal defense lawyer may be.

Jerry Sandusky’s Appellate Rights and Issues on Appeal

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The day after Jerry Sandusky’s conviction, his trial attorneys informed the press that they were not adequately prepared to defend him because his case was brought to trial so quickly.    Sandusky was tried seven months after he was arrested.  Sandusky was convicted on 45 counts of child sex abuse.  There were many witnesses involved in the case, making Sandusky’s attorneys argument for more time to prepare a viable issue on appeal.  His trial lawyers have explained that thy will not be representing him on appeal because they will likely have to testify at a hearing addressing his claim of ineffective assistance of counsel.

This issue will be central to Sandusky’s appeal.  In his initial brief, his appellate attorney will have to address the number of continuances requested by his defense team and why these continuances were denied by the trial court.   This was a high profile case and involved many witnesses, so it is conceivable that his defense team needed several months to prepare his case.  Another important aspect of his appeal will be the disclosure of evidence.  If the defense team received some of the discovery from the State at the last minute or on the eve of trial, his appellate lawyer could show prejudice.

However, Sandusky claim that he received ineffective assistance of counsel during his trial is generally not appeal-able in a direct appeal.  Claims of ineffective assistance are usually raised in a post conviction motion that is filed after the initial appeal.  When an appellate attorney in South Carolina raised ineffective assistance of counsel, it is done in a Post Conviction Relief (“PCR”) Motion.  In Strickland v. Washington, the United States Supreme Court established a two-prong test for establishing a claim of ineffective assistance of counsel.  A criminal appellant must show that 1) counsel’s performance fell below an objective standard of reasonableness and 2) there is a reasonable probability that the results of the trial or the sentencing hearing would have been different “but for” counsel’s deficient performance.

In South Carolina, these PCR motions are heard by the trial court.  Usually, at the hearing, the trial attorney testifies and is questioned by the defendant’s South Carolina appellate attorney.  However, before a PCR is filed, a criminal defendant usually proceeds with a direct appeal to the South Carolina Court of Appeals.  If the case is a federal, a South Carolina federal appellate lawyer files an initial brief is the United States Court of Appeals for the Fourth Circuit.

In order to start the appellate process, a notice of appeal must be filed.  A South Carolina Appellate Lawyer then orders the transcripts from the trial or other proceeding.  Once the transcripts are received, the appellate lawyer in South Carolina then drafts the initial brief, citing to the the lower court record.  In the Fourth Circuit Court of Appeals, a scheduling order is issued to the federal appellate lawyer, notifying counsel of the date the brief is due.

Sandusky will likely raise multiple issues in his appeal, and will likely seek a new trial on all counts and will ask the appellate court to reverse his conviction and sentence.

GlaxoSmithKline Pleads Guilty in Fraud Case

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Well-known pharmaceutical company GlaxoSmithKline’s guilty pleas were part of the nation’s largest health-care fraud settlement, under which GlaxoSmithKline agreed to pay $3 billion, including more than $35 million to the Massachusetts Medicaid program, to resolve allegations that the company engaged in illegal schemes related to the marketing and pricing of some of the drugs that it manufactures, more specifically, Paxil and Wellbutrin. The company also pleaded guilty to failing to report safety data to the FDA about the drug Avandia.

GlaxoSmithKline agreed to pay $3 billion in total to resolve all of its criminal and civil liabilty related to this fraud scheme.

Even celebrity doctor Drew Pinsky has been linked with the fraud. He was accused of taking payments from GlaxoSmithKline to promote the two antidepressant medications. “In the late 90’s I was hired to participate in a 2-year initiative discussing intimacy and depression which was funded by an educational grant by Glaxo Wellcome,” Pinsky told HealthPop in a statement. “Services for the non-branded campaign included town hall meetings, writings and multimedia activities in conjunction with the patient advocacy group the National Depresive and Manic Depressive Association (NDMDA). My comments were consistent with my clinical experience.” Pinsky was mentioned in the complaint filed by the Unites States government against the company.

The complaint states that “Pinsky allegedly received two payments in March 2009 and April 2009 from GlaxoSmithKline totaling $275,000 to promote Wellbutrin SR.” The Wall Street Journal reports that in 1999, Pinsky made statements on a television and radio show. In these statements, Pinsky claimed that he prescribed the drug Wellbutrin to depressed patients because it “may enhance or at least not suppress sexual arousal,” like other similar medications are known to do. Pinsky has also been accused of promoting the drug for uses that had not been approved by the FDA.

If you or someone you know has been charged with fraud, it will be in your best interests to speak with an experienced federal criminal lawyer. The criminal defense lawyers at The Mace Firm are ready to speak with you about your case. Call one of the Myrtle Beach criminal defense lawyers to schedule your free consultation.

Deadly Weekend In Miami

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Wrongful death can occur anywhere.  In a tragic introduction to a holiday week, car accidents caused by out of control vehicles have claimed seven lives in Miami, including three members of a single family and two church leaders.

The deadliest of the crashes happened in Little Havana last Saturday when a van crashed into a family from Georgia walking to their car after an afternoon baseball game at the new Marlins Park. The family was on the sidewalk when they were struck by the van. Of those killed were a 13-year-old girl, a 14-year-old boy, a 50-year-old woman and the driver of the out of control minivan. All were pronounced dead at Jackson Memorial Hospital, according to authorities. A surviving 10-year-old girl was in extremely critical condition Sunday night and a fifth family member, a man in his 60s who was unhurt but witnessed the horrific accident and was overcome with grief, was also hospitalized.

The driver of the van was identified as Raul Herberto Ortega, 67, and is believed to have suffered a heart attack just before losing control of his red 2006 Dodge Caravan, police said.

At approximately the same time in Liberty City, two more deaths occurred. Two church leaders stopped to have something to eat at Jumbo’s Restaurant, a landmark in the city. While they were standing outside, a pick-up truck sped by and flew out of control, slamming into the pair. As a result of the crash, one of the victims was “sent flying into the restaurant as the truck pushed one of the victims’ parked vehicle into the restaurant’s front wall, shattering three window panels and leaving a gaping hole.” The driver of the pick-up, Antonio Lawrence, 53, was charged with two counts of DUI manslaughter and was being held in jail on $30,000 bond.

The seventh victim in the flurry of fatal crashes died around 1 a.m. Sunday morning in Pembroke Pines. Police said “a white, two-door Nissan spun out of control, hit the curb and slammed into a concrete utility pole near the Shops at Pembroke Gardens, in the 900 block of Southwest 145th Avenue.” The impact split the vehicle in half which caused the front-seat passenger to be ejected from the vehicle. He died at the scene. Police did not identify him, but said he was 22 years old. The driver, 21-year-old Kevin Singh, was hospitalized and is said to have non-life threatening injuries.

If you or someone you know has been injured or killed in a car accident, you will benefit from speaking with a good personal injury lawyer or wrongful death lawyer. Call one of the Myrtle Beach personal injury attorneys at The Mace Firm. Our experienced Myrtle Beach lawyers are ready to speak with you about your case.