Taylors Juvenile Law Lawyer, South Carolina

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David Braghirol
About | Practice Areas
Law Offices Of David A. Braghirol
126 East Main Street Duncan, SC 29334Â» view map
Criminal Law
Proudly Serving South Carolina

Call today to talk to an experienced criminal defense lawyer.

800-296-8980
1. David Braghirol Duncan, SC
  Attorney at Law - SC, 1997
  University of South Carolina J.D. 1997
2. AboutLaw Offices Of David Braghirol
  David Braghirol is a criminal defense attorney located in Duncan, South Carolina.
3. Practice AreasSpecializations
  Criminal Law
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800-814-6700

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LEGAL TERMS

BAIL

The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all requi... (more...)

The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances. The amount of bail is determined by the local bail schedule, which is based on the seriousness of the offense. The judge can increase the bail if the prosecutor convinces him that the defendant is likely to flee (for example, if he has failed to show up in court in the past), or he can decrease it if the defense attorney shows that the defendant is unlikely to run (for example, he has strong ties to the community by way of a steady job and a family).

CRIMINAL INSANITY

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right... (more...)

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right from wrong. Defendants who are criminally insane cannot be convicted of a crime, since criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make. See also irresistible impulse; McNaghten Rule.

DRIVING UNDER THE INFLUENCE (DUI)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the l... (more...)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver's body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence. Also called driving while intoxicated (DWI and drunk driving).

CAPITAL CASE

A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecuto... (more...)

A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecutor brings a capital case (also called a death penalty case), she must charge one or more 'special circumstances' that the jury must find to be true in order to sentence the defendant to death. Each state (and the federal government) has its own list of special circumstances, but common ones include multiple murders, use of a bomb or a finding that the murder was especially heinous, atrocious or cruel.

SELF-DEFENSE

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal... (more...)

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber's weapon and uses it against the robber during a struggle won't be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm.

HOT PURSUIT

An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and a... (more...)

An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and an officer has chased a suspect to a private house, the officer can forcefully enter the house in order to prevent the suspect from escaping or hiding or destroying evidence.

CIRCUMSTANTIAL EVIDENCE

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or j... (more...)

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.

ACTUS REUS

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For ... (more...)

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).

SEARCH WARRANT

An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue... (more...)

An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue the warrant unless she has been convinced that there is probable cause for the search -- that reliable evidence shows that it's more likely than not that a crime has occurred and that the items sought by the police are connected with it and will be found at the location named in the warrant. In limited situations the police may search without a warrant, but they cannot use what they find at trial if the defense can show that there was no probable cause for the search.

SAMPLE LEGAL CASES

State v. Jones

... KONDUROS, J. Tyquan Jared Amir Jones was charged as a juvenile with murder, armed robbery, and unlawful possession of a pistol. ... Keith later died from the injury. Jones was charged as a juvenile with murder, armed robbery, and unlawful possession of a pistol. ...

In re Walter M.

... aforethought. The family court found Appellant guilty of murder and sentenced him to confinement in a juvenile facility for an indeterminate amount of time not to exceed his twenty first birthday. This appeal follows. ISSUES. I. Did ...

State v. Jones

... KONDUROS, J.: Tyquan Jared Amir Jones was charged as a juvenile with murder, armed robbery, and unlawful possession of a pistol. ... Keith later died from the injury. Jones was charged as a juvenile with murder, armed robbery, and unlawful possession of a pistol. ...

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Taylors Juvenile Law Lawyer, South Carolina

Sponsored Law Firm

Law Offices Of David A. Braghirol

SPONSORED LAWYERS

James Stone Craven

W. Chris Castro

Erika Denise Baldwin

John M. Rollins

Lucas Craig Marchant

Kathleen Grey Lyall

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LEGAL TERMS

BAIL

CRIMINAL INSANITY

DRIVING UNDER THE INFLUENCE (DUI)

CAPITAL CASE

SELF-DEFENSE

HOT PURSUIT

CIRCUMSTANTIAL EVIDENCE

ACTUS REUS

SEARCH WARRANT

SAMPLE LEGAL CASES

State v. Jones

In re Walter M.

State v. Jones

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