SC Law Blog

Welcome to the South Carolina Law Blog where there is open discussion through feedback on hot legal topics in this state. Feel free to comment and/or suggest a topic to address.
Showing posts with label United States. Show all posts
Showing posts with label United States. Show all posts

Saturday, January 26, 2013

Anonymous to Release Senstive Information, Operation Warhead

Anonymous is about to release a warhead, metaphorically.  The hacktivist organization Anonymous has issued a statement, complete with video of it's most recent exploit of the United States' websites www.ussc.gov.  This is on the suicide of Aaron Swartz, co-founder of Reddit and internet activist, who was facing hacking charges for downloading scholarly documents in MIT's library.  This a bold and very dangerous step Anonymous has taken and more will be released today to the media outlets.  I urge you to take a look at this video which is an audio presentation of the written text.

The video is depicting various scenes including those of missiles and similar type weapons.  It is clear that this is only about sensitive information and not an actual warhead, however when watching the video it would seem the message could be misunderstood.  It also appears that this is one of many to come.

Up until this point, we have watched other countries dive into revolution and chaos while we sit in the comfort of our own homes.  What will happen when our citizens become fed up with the laws of this nation, how would that revolution start.  Maybe it already has. 

Read Anonymous' statement here.

Monday, June 27, 2011

SC Immigration Crackdown





South Carolina is one step closer to becoming a police state with Governor Haley's recent attempt to crack down on illegal immigration.  The new legislation would allow police to question someone's citizenship during a traffic stop or arrest.

Police officers would be allowed to check the citizenship of anyone they suspected to be in the country illegally.  How would one come about suspecting that an individual is in the country illegally?  Well, the bill does not go into specifics but let me spell it out for you....the color of their skin.  While this may not affect me or some of my readers, oddly enough, it is only logical that Ms. Haley may be pulled over and questioned which further questions how thoroughly she thought this through.


Like Arizona, we have now taken a step backwards and, in my humble opinion, embarrassed the more intelligent people of South Carolina.  And like Arizona, I am sure we will be compared to Nazi Germany where Jews were required to provide proof of citizenship by keeping their papers on them at all times.  Not only is this unconstitutional on many different levels but it goes against the basic fabric of this nation.  We are a melting pot, a place of dreams for people of less fortunate countries.  We are a place of opportunity.  I have compassion for immigrants for several reasons.  One, I rarely see lazy immigrants.  Two, they appreciate things that most Americans take for granted and I admire that.



Rarely am I this engulfed with rage but I am always set off when those in power abuse it.  There is an old saying, those that do not know history are doomed to repeat it.  I find this true in South Carolina this day.  I have often thought that politicians are only politicians to serve their own egos.  I find this true with every politician that I have ever met.  At the close of her press conference, Governor Haley stated something to the effect of, I am not worried about the lawsuits being thrown at me, it tells me that I am doing my job.  I can only thank God for attorneys who protect us from people like this.  I pray for our state and I pray that we put away our white hoods sooner than later.

Saturday, June 18, 2011

DUI/DUAC in Myrtle Beach, South Carolina

Sign at the entrance to the Myrtle Beach Pavil...Image via Wikipedia
As you may know, this is the vacation season in Myrtle Beach and surrounding areas.  Our peak season in fact.  Many people come to enjoy the beach and end up enjoying it too much.  In fact, one of the local stores prints up shirts that read "Came for vacation, left on probation."  This trivializes the severity of the out of control partying that occurs on the Grand Strand but tends to point out the fact that every year vacationers get arrested and have their vacation ruined because of a DUI or DUAC.


Everyone knows what a DUI or Driving Under the Influence charge is but few understand that there is also a fairly new law called DUAC or Driving with an Unlawful Alcohol Concentration.  DUAC's are easier to prosecute if you submit to a breathalyzer.  If your BAC or Blood Alcohol Content is greater than .08 (which is approximately one alcoholic beverage depending on your size) and you are witnessed driving, you will be charged and most likely convicted of DUAC.  The same is true for the DUI but with a DUI, the officer has to prove that you were materially and appreciably impaired while operating the vehicle.  This is different from in the DUAC in that there is more evidence that is needed by the prosecution to meet their burden of proof.  When I say more evidence, generally speaking, that is, results of the field sobriety tests, the breathalyzer, observations made by witnesses, and of course the video from the officer among other things.

PhilThe best option when having a crazy night out in Myrtle Beach is to call a cab.  You should never drive drunk.  More especially, never drive drunk in Myrtle Beach.  The Myrtle Beach area is known for making questionable DUI arrests.  The officers here in Horry County have an incentive for making DUI arrests....not convictions.  If there is the slightest inclination that you may have taken a drink, you might as well turn around and put your hands behind your back.  I said arrests, not convictions (this is an important distinction).  What does that mean?  Well it means that there is room for abuse.  It also means that even if you are not drunk, your probably going to jail.  When stopped by the police, you have the right to remain silent.  This sounds strange in theory but your battle at that point is not with the officer, its in the court room.  If the officer asks you any questions, you tell that officer "I wish to invoke my right to remain silent."  Under the Constitution, that would be the 5th Amendment - Right Against Self Incrimination.

If you are the unfortunate victim of an overzealous officer, know this, you can not talk yourself out of it. The best course of action if you have ingested any alcohol is to refuse to offer any statements or enter into any conversation, refuse to partake in any field sobriety tests (follow the pen with your eyes, walk the line, lifting any leg up to balance, saying your ABC's), and refuse to take a breathalyzer.  Finally and most obvious, if you are driving past 12:00 am on a Friday or Saturday night most likely everyone on the road with you is drunk, especially in Myrtle Beach.  Don't expect that you will just get a ticket if you get pulled past this hour.  Expect that you will go to jail.

After you have been arrested for DUI or DUAC, you need to see an attorney immediately.  You must find one that you trust, that works well for you (a good fit) and one that has experience in getting DUI and/or DUAC's in Myrtle Beach dismissed.  Call me, Daniel A. Selwa, II to represent you for any DUI and/or DUAC charge and I will provide you with experienced representation with a proven track record.
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Sunday, May 1, 2011

OSAMA IS DEAD!

A still of 2004 Osama bin Laden videoImage via WikipediaOsama bin Laden has been killed by US troops in Pakistan.  It was an 8 month plan first hatched in August and was carried out by US troops with the permission of the Pakistani government.  He was shot once in the head and taken into US custody.  DNA results confirmed the kill.  No US soldiers  were injured during this operation.    It has been 10 years in the making.  What a wonderful day and a somber day for those that lost loved ones.  God Bless the United States of America and God Bless JSOC.
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