Myrtle Beach Legal Blog

Know what factors impact criminal sentencing

On behalf of The Law Offices of L. Morgan Martin, P.A. posted in Criminal Defense on Friday, July 3, 2020.

A person who is facing a criminal charge has a few possible ways of resolving the matter. Many people choose to work out a plea deal with the prosecution. Others plead guilty and throw themselves on the mercy of the court. Some take their case to trial. There are many things that the defense might consider during the process of making this decision. One of these is the sentence that the person is facing.

When a person is convicted of a crime, the court will need to determine what sentence to hand down. The prosecution may recommend one, but there are several factors that the court has to look at when deciding exactly what sentence is appropriate for the case. It's a violation of the person's constitutional rights to have a punishment that's overly harsh.

Claiming compensation after a distracted driving crash

On behalf of The Law Offices of L. Morgan Martin, P.A. posted in Car Accidents on Friday, June 19, 2020.

Being involved in a car wreck can turn a nice day into a nightmare. Unfortunately, many individuals have to deal with this event just because someone didn't give their full attention to driving. Distracted drivers can slam into other vehicles, which can cause serious injuries.

For a person who's involved in a crash, the journey toward returning to their full abilities might be long. They will often need medical care after the crash, but this might not be immediately evident. It is fully possible that they might not notice the need for medical help until a few days after the crash.

Who is liable for injuries suffered at the beach?

On behalf of The Law Offices of L. Morgan Martin, P.A. posted in premises liability on Thursday, June 4, 2020.

South Carolina is home to one of the most popular beaches in the American South. Each summer, Myrtle Beach draws people from near and far to its shores for fun and relaxation under the sun. Although beaches are relatively safe for the most part, sometimes the unexpected happens, leaving victims nursing a serious injury or illness.

Many things can happen to harm you at the beach. You can be hurt by algae blooms containing toxic substances or water contaminated with sewage. Severe injuries to the spinal cord or extremities can occur from swimming in areas with dangerous waves breaking on the shore. Shark bites can also occur, though rarely, and you can probably imagine how that type of injury can feel.

Can DUIs be dismissed in South Carolina?

On behalf of The Law Offices of L. Morgan Martin, P.A. posted in Drunk Driving on Wednesday, June 3, 2020.

Being pulled over and asked to perform a Breathalyzer test can be a very stressful situation to be in. You may be worried about the fact that you were pulled over, and interactions with law enforcement officials may cause you to act nervously.

If you took a Breathalyzer test and you were found to have a blood alcohol concentration (BAC) of 0.08% or higher, this will mean that you will face DUI charges. However, this does not mean you will automatically be found guilty of drunk driving. The following are ways in which you may be able to have DUI charges dismissed in South Carolina.

Think about your goals to develop a defense strategy

On behalf of The Law Offices of L. Morgan Martin, P.A. posted in Criminal Defense on Friday, May 22, 2020.

Criminal charges must be address promptly, but you can't do this without evaluating your options. One of the first decisions you'll have to make is how you plan to plead to the charges. Most people opt to plead not guilty so they have a chance to develop a defense to fight the accusations. We can help you learn the possible defense strategies that you have for your case.

The exact options you have for your defense depend on the specifics of the case. We look into each aspect of what happened and work to find solutions for you. The goal of your defense is to call the prosecutor's points into question if your case goes to trial.

Wrongful death compensation can be complex

On behalf of The Law Offices of L. Morgan Martin, P.A. posted in Wrongful Death on Thursday, May 7, 2020.

Whenever there's a fatal accident, the odds are good that the victim's survivors will also suffer. Their financial and emotional losses sometimes cause them to seek compensation through a wrongful death lawsuit.

Anyone who is considering a wrongful death lawsuit based on the tragic death of a loved one that's due to another person's negligence must ensure that their claim meets the requirements set forth by the law. There are four primary points that must be present in order to have a valid claim. These include:

A human being died.
The death was caused by someone's intentional act or negligence.
The family members who are left behind are suffering financial damages.
The estate for the decedent has a personal representative.

Spring brings more bikers to Myrtle Beach area

On behalf of The Law Offices of L. Morgan Martin, P.A. on Friday, April 24, 2020.

When the weather becomes more pleasant in the spring, more people who own motorcycles choose to take their bikes out and enjoy the open road. Motorcycles are a popular mode of transportation for many people, and the bikers have the same rights to be on the road as other types of vehicles. Unfortunately, not all drivers know how to or care to share the road safely with motorcycles.

Most South Carolina bikers have extensive experience and know how to drive defensively. They know to be vigilant and careful because they are especially vulnerable to the large, heavy frame of a moving vehicle. Even with caution and the appropriate safety gear, they can still suffer significant harm in an accident. Many motorcycle collisions are the result of negligent or reckless actions of other drivers.

Penalties that drunk drivers face in South Carolina

On behalf of The Law Offices of L. Morgan Martin, P.A. posted in Drunk Driving on Friday, April 24, 2020.

It's illegal for you to drive while you're intoxicated here in South Carolina. If you're stopped on suspicion of operating your vehicle while inebriated, perform poorly on field sobriety tests and have a blood alcohol content of .08% or more, then you're likely to be charged with driving under the influence (DUI). The penalties that you face if you're charged with such a crime vary depending on many factors.

A first-time DUI offender in South Carolina is likely to be locked up in jail from anywhere between 48 hours and 30 days. These defendants are generally also assessed as much as $400 in fines or $992 once fees are tacked on. Their driver's license may also be automatically suspended for six months.

How do individuals most commonly get hurt at grocery stores?

On behalf of The Law Offices of L. Morgan Martin, P.A. posted in premises liability on Friday, April 10, 2020.

When you walk into most grocery stores here in Myrtle Beach, you likely notice how orderly everything is. It's not a coincidence that these types of establishments are often well-organized, have sparkling clean floors, wide aisles and are well-lit. Retailers do all of this to minimize the risk of someone getting hurt. It's sometimes not enough for stores to take these measures though.

Grocery store owners have to often concern themselves with the potential of a customer slipping and falling. This is why you'll often see workers routinely sweeping, mopping or polishing floors at your local Myrtle Beach grocery store.

Understand how your plea deal might impact your life

On behalf of The Law Offices of L. Morgan Martin, P.A. posted in Criminal Defense on Friday, March 27, 2020.

A person who is facing criminal charges might be offered a plea deal to resolve their case. When the defendant admits they committed the crime at hand, this can be a useful way to resolve the matter because it gets the case finished faster than what's possible if they have to go through a trial. There are several points that might be included in a plea bargain, so understanding exactly what's being offered in your case is beneficial.

Many plea deals focus on setting specific penalties in exchange for a specific plea. This is the sentence that the prosecution will suggest to the judge. Most of the time, the judge will accept the sentence when they accept the plea deal, but it is possible that they will change the sentence a bit. You should be prepared for this possibility when you accept a plea deal.