Aaron Hernandez and the Criminal Process

New England Patriots’ starting tight end Aaron Hernandez is facing murder charges. The news that he was suspected of killing semi pro football player Odin Lloyd came as a shock to many.  He was just given a $40 million dollar contract to continue to play football for the Patriots. But, perhaps you wouldn’t be so shocked that he was facing these charges if you knew his history. You might just know Aaron Hernandez as a star football player for the Patriots. But, dig deeper into his past and you will see he has been questioned about his possible involvement in prior crimes.

Aaron Hernandez is currently being sued civilly for allegedly shooting a man in the face several times. He is also being investigated in a 2012 drive by shooting that left two other men dead in Boston. It has also been reported that in 2007 he was questioned about a shooting following a Florida Gators football game. Does this background information change the way you feel about Aaron Hernandez? Perhaps you no longer feel shocked by the fact that he is suspected of killing Odin Lloyd.

Under American law, the suspect is innocent until proven guilty. The prosecutor bears the burden of proof and the prosecutor must show the defendant is guilty beyond a reasonable doubt under criminal law. After the prosecutor pleads his case, the defendant will have the opportunity to present a defense that raises doubt about whether he committed the crime or should be excused of the crime. The most common defenses a defendant will raise include: denial of committing the crime at all, evidence of an alibi witness which raises doubt as to whether you could have committed the crime, self defense, and the insanity defense. Whether you are on the prosecution side or the defense side, a good attorney can develop the best trial strategies for your particular case. The prosecutor has the ability to show beyond a reasonable doubt that the defendant committed the particular crime while the defense attorney has the ability to raise doubt as to whether the defendant committed the particular crime.

In a criminal trial such as this one, the jury will weigh the evidence from both sides and decide Aaron Hernandez’s fate. The judge always gives specific instructions to the jury on the law and the jury must take the facts of the case and apply them to the law. This is a highly publicized case since it involves a famous football player. It is likely the trial will not be open to the general public as many trials are. The jury will be told to avoid media both in person and on television. Also, the jury will be instructed not to discuss the case with others outside the jury room. Would you want to be a jury member on a high profile case such as this one?

Much like the OJ Simpson case, this case will likely keep media attention for quite some time. Much of what people know about criminal law they learn from television. But, criminal law is not all about the theatrics you see displayed in the courtroom on television. As you can see from this post, criminal law is much more complicated than what you see on television. The complications presented by the reasonable doubt standard in criminal law shows the importance of hiring an experienced criminal law attorney. Contact your experienced criminal law attorney Daniel Selwa today to discuss your case.

Police Powers: Detention Process

So if you know anything about police powers or you have ever been arrested, you are probably familiar with the detention process. If you are not familiar with the detention process, detention is the process whereby the police or an agent of the government removes your freedom of liberty. When the police detain you to question you about your involvement in a crime, they are required to give you the Miranda warnings.  The person detained and interrogated must be made aware of their right to remain silent, the right to consult with an attorney, the right to have an attorney present during questioning and if indigent, the right to have an attorney appointed to you.

When a suspect is detained on criminal charges, part of the police procedure is to fingerprint the suspect. The police have the power to fingerprint you and this is something you can’t refuse. Now, a recent Supreme Court decision has made it legal to take DNA samples from the detained suspect. Justice Kennedy wrote for the majority decision and explained that DNA swabbing is just like fingerprinting and photographing and he called it “a legitimate police booking procedure that is reasonable under the fourth amendment.” For more information on this recent Supreme Court decision, check out: http://www.wmbfnews.com/story/22485656/court-police-can-take-dna-swabs-from-arrestees

DNA evidence has come a long way over the years and has become the most reliable method to identifying criminal suspects. It is often used at criminal trials as key evidence. Now, in 28 states, DNA samples can be taken upon police detention.

It is important to consult your criminal defense attorney immediately. You are entitled to have an attorney by your side throughout the criminal process. The law is constantly changing and your attorney knows better than anyone else the ways to avoid criminal punishment. Attorney Daniel Selwa is available for a consultation on your criminal case. Contact Daniel Selwa today to discuss your case.  

DUI Consequences and Defenses

The act of operating a motor vehicle with impaired faculties is the definition of driving under the influence. A DUI encompasses driving under the influence of alcohol and/or other drugs or illegal substances and can even mean legal prescription drugs. You have breached your statutory and common law duty if you cannot drive as a prudent driver would operate a vehicle because you are under the influence of alcohol or drugs. The question that encompasses a DUI charge is, was your condition such that you could not drive with due regard for yourself and others? The criminal offense of a DUI can be a misdemeanor or a felony. Most commonly, you’ll find that felony charges arise where the DUI was accompanied by bodily injury or property damage. But, you may also be facing felony DUI charges if you are a repeat offender or based on your BAC level.

In South Carolina, for your first misdemeanor DUI offense, you may face 48 hours of public service employment, 30 days in jail or a $400 fine. If your blood alcohol level is .10% but less than .16%, public service employment may reach 72 hours, 30 days in jail or a $500 fine. The criminal penalties increase for your second, third, or more DUI offense. Conviction of a second or subsequent offense requires suspension and surrender of your motor vehicle registration and license plate for all of your vehicles.

Up to this point, it sounds like a lot of bad news for people facing DUI charges. But, the good news is, there are multiple defenses that your local attorney Daniel Selwa can argue in your defense so that you do not face these criminal penalties. For instance, the police may have conducted an improper breathalyzer test. Also, the police may have failed to inform you of your rights before placing you under arrest. Perhaps, the police didn’t have reasonable suspicion to pull you over, if that’s the case, then the stop is illegal and the evidence seized from the stop is not admissible.

The key is, to let Daniel Selwa investigate your case. If you aren’t a practicing attorney, it’s likely that you don’t fully understand your legal rights and the defenses that may be available for your case. Daniel Selwa is an experienced criminal attorney who is very familiar with DUI cases. Contact him today for a free consultation.

Repeat Offender: Burglary

As this WMBF news article shows, repeat offenders of even non-violent burglaries can face significant jail time: http://www.wmbfnews.com/story/21629437/burglary-charge-lands-man-decade-in-jail.

At common law, burglary is defined as the breaking and entering of the dwelling of another at nighttime with the intent to commit a felony therein. However, many states have modified the common law definition so that the breaking and entering includes businesses as well as dwellings and most states have eliminated the nighttime requirement. South Carolina in particular does not require that the crime of burglary be committed in the nighttime.

Burglary is a specific intent crime, which means you must have intended to commit a crime upon the breaking and entering of the premises. Therefore, the burden will be on the prosecution to prove you possessed the requisite mental state when you committed the crime. Specific intent crimes carry additional defenses that general intent crimes do not and one of particular importance is voluntary intoxication. Voluntary intoxication is a defense because your intoxicated state may have affected your decision and thus, it may negate the element of crime for the crime of burglary. Another defense specific to this crime involves consent, if the defense can show you had consent to enter a dwelling or business, then that can negate the element of a breaking. Other potential defenses include insanity, and entrapment.

In order to be convicted of the crime of burglary, the prosecution must prove every element of the crime beyond a reasonable doubt.  If your defense attorney can raise the slightest bit of doubt, then the jury is likely to acquit. Daniel Selwa is an experienced criminal defense attorney who can raise your best defense to avoid imprisonment. Contact Daniel Selwa today to set up a consultation regarding your case.

Public Intoxication Charges

Myrtle Beach is among America’s top vacation spots. Many people vacation to Myrtle Beach to see the beach and let loose a little bit. For vacationers, it’s a place where you can let your hair down and not have to worry about people you know seeing your wild side. It’s not just vacationers that carry the laid back, free spirit attitude but the locals as well. How could you blame someone for embracing their wild side when there are just so many fun things to do in Myrtle Beach, from numerous putt putt golf courses, to the Broadway at the Beach attractions, to the nightlife, to all of the local seafood restaurants? It seems natural that you could get carried away in such a place. But, Myrtle Beach, like all other places, has laws in place to ensure you don’t get carried away or if you do, that you suffer the legal consequences of such behavior.

Official seal of City of Myrtle Beach (Photo credit: Wikipedia)

One of the things that police officers look for is public drunkenness, especially in this town. This offense is quite common in Myrtle Beach since so many of the attractions are outside like the bars and stores at Broadway at the Beach or the strip at the beach that features many hotels, stores, and bars. It is not uncommon to take a ride by either of these locations and see numerous people walking around sight seeing. Amongst the crowds, you might see some people stumbling along, and perhaps singing or talking loudly in their state of drunkenness.

What you may not know is that public drunkenness is a criminal offense. It carries a penalty of up to 30 days in jail and fines of up to $500.00. The statute does not require that the language be of a type, which tends to provoke a violent response or threaten a breach of the peace. The language only needs to be noisy, scandalous or abusive so as to disturb or annoy any other person in the area. Basically, the elements of the crime include: you appear or seem to be, intoxicated or drunk, and you are in public. The purpose of public intoxication laws is to remove an intoxicated person who is disturbing others and to prevent the intoxicated person from hurting himself or others.

Prior to reading this blog entry, you might have thought your drunkenness could only get you in trouble if you were caught driving drunk. But, chances are, if you leave a bar, appearing tipsy, talking loudly, or behaving in a lewd manner, local law enforcement will stop you on public intoxication charges. There are legal defenses that could save you from the criminal charges of public intoxication. Attorney Daniel Selwa is familiar with public intoxication defenses. Your conduct might not have met the elements of the crime of public drunkenness and attorney Daniel Selwa can help you determine that. Whether you are a vacationer or a local, contact the people’s choice, Daniel Selwa.

Myrtle Beach makes 'Most Dangerous Places to Live' list - WMBFNews.com, Myrtle Beach/Florence SC, Weather

I've done quite a few blog entries on how to better protect yourself. As you can see from the article that I have linked below, safety tips are very important and particularly helpful  if you are a resident of Myrtle Beach or the surrounding areas. Myrtle Beach is ranked among one of the most dangerous places to live. However, it doesn't feel that way to many.

If, despite your best efforts, you are wrongly accused of a crime or are in fact guilty of a crime, you need a good attorney on your side. No one is perfect and a typical response I get from older folks when I discuss the status of branding young people with criminal records, is that they just never got caught themselves. Everyone deserves a defense and protection from overzealous police officer and prosectuors. 

Know your rights, contact attorney Daniel Selwa. Attorney Selwa practices in Conway, Myrtle Beach, Surfside Beach, North Myrtle Beach and surrounding areas.

Myrtle Beach makes 'Most Dangerous Places to Live' list - WMBFNews.com, Myrtle Beach/Florence SC, Weather

Local law enforcement presence is on the rise!!

Local law enforcement wants their presence to be known. This report by WMBF News shows the pressure is on for law enforcement officers to stop criminal activity in the community. Unfortunately, law enforcement officers can often become over eager in their mission to stop crime. As a result, law enforcement officers' good intentions can often lead to the arrest of innocent men.

If you have committed a crime or are being accused of a crime you didn't commit, contact Daniel Selwa today. Don't let yourself fall victim to law enforcement's abuse of power.

Conway PD aims for better presence on streets - WMBFNews.com, Myrtle Beach/Florence SC, Weather

Understanding Police Officers

If you have come to Myrtle Beach to vacation, you have undoubtedly seen the atomsphere presented and the party attitude that follows. While I commend the police force for their service to our community, this party atomsphere can get to some of them. Most cops are human (This is a joke for you daft individuals) and being human, everybody gets fed up with their job and the troubles that go along with the performance of that job. Police officers are just like you and me. They are not perfect. They mess up, they get tired, they get fed up, they run out of patience and when these things happen, you suffer. When these things happen they also tend to forget that an arrest brands an individual for the rest of their lives. Sometimes it takes years to clear up what a police officer did because he was having a bad day. Police officers also have what is called qualified immunity, which in laymans terms means they are generally protected from being sued for their actions on the job. Why not arrest the 21 year old male who just mouthed off to them? To them it is disorderly conduct, to the 21 year old it was just free speech. Police officers always win on the front end. What one person deems as a good time, may be a criminal act in the eyes of a police officer.

Have you ever tried to remain sober around a group of drunk individuals for a number of hours? If you have, mulitply that by 100 and then you will see the world through the eyes of a police officer on a Saturday night at one of our local hot spots. When you try to see the world through the eyes of a police officer, you can begin to see where they may have overstepped their authority, not properly investigated a situation, or generally lost their ability to deal with you or anyone they run into.  If you have been charged with a crime in Myrtle Beach or the surrounding areas, call Daniel Selwa today for a free consultation.  Get informed, know your rights, and protect your future.  Call Daniel Selwa today.

TRUTH? YOU CAN'T HANDLE THE TRUTH.

Robbery not allowed (Photo credit: Arenamontanus)

With the tourist season in full swing, crime is on the rise.  Every year there are a few individuals on vacation that take advantage of the area and conversely, sometimes this area takes advantage of them.  On occasion, individuals are arrested for incidents for which they should have never been arrested.  And sometimes an arrest is the only way to stop a perpetrator from harming others.  There are some occasions in which victims don’t always tell the whole story and it surprises me to see both sides.  Old sayings are old sayings for a reason….they make sense.  As I was always told, there are two sides to a coin. 

Our reporting of arrests and crimes has become a hobby to some and a job to others.  There are several newspapers dedicated to recently arrested individuals, posting their mug shots for everyone to see.  What people must understand is that everyone is innocent until proven guilty.  What you see and hear in the news is just one side of the story and people must remember that sometimes individuals arrested are not guilty of anything.     

Take for instance a report on WMBF stating that Myrtle Beach police are still searching for a suspect that robbed a woman over the weekend in a parking garage. The man accused threatened to shoot the victim if she did not give him everything she had.  The suspect escaped with $40 dollars.  Whether the suspect had a weapon or not, the suspect can still be charged with the crime of robbery.  If the suspect had in fact been carrying a weapon, which is uncertain according to the facts of the case, then the suspect could be charged with armed robbery.

Robbery is statutorily defined in South Carolina as the felonious or unlawful taking of money, goods, or other personal property of any value from the person of another or in his presence by violence or by putting such person in fear.  If the suspect is found, charged, and convicted of the crime of robbery, he will face prison time of a term not less than 10 years and for no more than 30 years.  A person convicted of robbery is not eligible for parole until he has served at least 7 years of the sentence.

Robbery is a felony and as such the penalty involves a prison sentence. Now consider a “what if” here.  What if, this was a drug deal, which went bad?  Does that change your opinion of the crime, the report, and the penalty associated with the crime?  Every criminal defendant is entitled to a defense attorney if they so wish. People make mistakes and it is possible that the wrong man may face robbery charges because the victim is mistaken about his identity.   It may also be the case that the victim is not telling the whole story.  Whatever the facts of this case, it is always the safest bet to keep an open mind and consider that one side of a story is being told.

If you or a loved one has been charged with a crime such as robbery, armed robbery or any other crime, contact Daniel A. Selwa, II for a free consulation.

The details of the recent robbery in Myrtle Beach is attached.

Woman robbed of $40 at a MB parking garage - WMBFNews.com, Myrtle Beach/Florence SC, Weather

When Cases Become Personal - Brittanee Drexel

Brittanee Drexel, was a young teen here on spring break and disappeared in Myrtle Beach a number of years ago.  There has been a great effort to find information about her disappearance and her family routinely travels here to raise awareness about her disappearance at least once a year.  In fact, over the holidays, a local ad agency donated one of their billboards to the cause.  

No one has ever been charged in her disappearance but the authorities are treating her case as a homocide.  There have, however, been people of interest in the case.  Today, I came across an article my paralegal was reading on the internet about her disappearance.  You can read the article here.  What was different about this article for me?  Well, it made some personal connections.  I was an assistant solicitor in Georgetown County for a very short period.  While down there I had a case with a sex offender.  This man had picked a child off of a playground and raped her in California.  He had served his time equivalent to life in California and had been released.  Apparently, life did not mean life of a human being.  Nevertheless, this individual had moved to SC and had re-offended by exposing himself to another male in a gas station bathroom.  He got knocked out for it and then arrested.  This is why I had the case.  We were prosecuting him under the SC Sexually Violent Predator Act which puts a individual who has served his/her time for a conviction of a sexual offense before a panel of indivduals who determine if that person is sexually violent.  If so deemed, that individual is basically locked away for the rest of their life.  The statute basically allows us as a society to separate those individuals with sexually violent tendencies such as pedofilia apart from the general population.

How does this connect to the Brittanee Drexel case?  Well, I left the solicitor's office in early 2008 before the case was dealt with and don't know how that case turned out but lets put it this way...I tend to remember certain names.  I have not verified this information nor do I want to.  I am not even sure if these are the same indivdual, but if the person of interest fits these facts, they were one and the same person.  I must add my disclaimer so please note that no one has been arrested for this disappearance and everyone is innocent until proven guilty in a court of law.  Nevertheless, I can't help but think "what if".