Coastal Law Firm

Big changes to SC's gun laws - no permit required for concealed carry or open carry now. Click through for the details...

Constitutional Carry: 2024 Changes to SC Gun Laws – You Can Now Carry a Handgun Without a Permit in SC On March 7, 2024, SC’s governor signed H. 3594 into law, a bill that some are calling a “constitutional carry” law that lifts many of our state’s previous restrictions on carrying fi****ms whether openly or concealed. Where can you carry a gun in SC now, and where is it prohibited? Below, we...

How do you file an appeal after a DUI conviction? The procedure is different depending on what court you are in...

DUI Appeals in South Carolina – How Do You File an Appeal if You Were Convicted at Trial? How do you file a DUI appeal in South Carolina? Sometimes you win a DUI case by getting a dismissal before trial. Other times, you may get an acquittal from a jury at trial. Still other times, you may win when the circuit court or the court of appeals reverses your conviction, and the prosecutor

What is municipal court and how is it different from magistrate court or General Sessions Court?

What is Municipal Court (City Court) in South Carolina and How Does it Work? SC’s municipal courts, or city courts, decide “minor” criminal cases based on events that take place within city limits. In Horry County, SC, we routinely handle cases in the municipal courts including: Myrtle Beach Municipal Court, North Myrtle Beach Municipal Court, Conway Municipal Court, S...

SC has passed a new law criminalizing trafficking and possession of fentanyl - what are the penalties and how does the new law work?

South Carolina’s New Fentanyl Trafficking Law – Fentanyl Possession – Firearm Possession South Carolina’s New Fentanyl Trafficking Law – Fentanyl Possession – Firearm Possession Aug 10, 2023 | Drug Charges, Legislation South Carolina passed a new fentanyl trafficking law in June of 2023 which includes new crimes and penalties for: Trafficking in fentanyl, Possession of fentanyl, a...

Changes to SC DUI laws in 2023 make ignition interlock devices mandatory for any DUI or DUAC conviction or implied consent suspension.

2023 New DUI Laws in SC – Ignition Interlock Device Program 2023 New DUI Laws in SC – Ignition Interlock Device Program Jul 31, 2023 | DUI, Legislation The 2023 legislative session in SC brought some changes to SC DUI law regarding the ignition interlock device (IID) requirements for people who are convicted of DUI or DUAC and for people who have implied c...

A boating safety certificate will be required for many watercraft operators after August 18, 2023.

South Carolina’s New Boating Law (2023) – A Safety Certificate is Now Required South Carolina’s New Boating Law (2023) – A Safety Certificate is Now Required Jul 12, 2023 | Boating Accidents, Legislation South Carolina has a new boating law that requires boaters born on or after July 1, 2007, to pass a boating safety course and get a boating safety certificate before opera...

Many crash victims do not realize that psychological injuries like PTSD caused by a car crash are compensable. It's okay to ask for help, and you should seek treatment as soon as you experience symptoms of psychological distress.

Psychological Injuries, PTSD, and Car Accidents Psychological Injuries, PTSD, and Car Accidents Jul 10, 2023 | Auto Accidents, Personal Injury Psychological injuries like PTSD (post-traumatic stress disorder), emotional trauma, insomnia, depression, or phobias that are caused by a car crash are often overlooked by plaintiffs when they are seeking...

What is possession with intent to distribute (PWID), and where is the "threshold" between simple possession, PWID, and trafficking?

Possession with Intent to Distribute Charges (PWID) in SC Possession with Intent to Distribute Charges (PWID) in SC May 22, 2023 | Drug Charges What does possession with intent to distribute drugs mean in SC? It’s the “next level” of drug charges above possession, and it carries more severe penalties than simple possession charges. But how do they pr...

Roster meetings, pretrial conferences, initial appearances, docket appearances - what are they and which court dates are mandatory for defendants?

What is a Roster Meeting and How Does it Work? What is a Roster Meeting and How Does it Work? May 12, 2023 | Criminal Defense Roster meeting, pretrial conference, roll call, initial appearance, docket appearance, what do they mean? Do I have to attend these “court dates?” Most clients of ours who are charged with a crime will have some type ...

Many of the rules for beach-goers change beginning May 1st through Labor Day - what are the rules for dogs on the beach, tents, canopies, alcoholic beverages, and surf fishing?

Myrtle Beach Rules: Seasonal Rules and Year-Round Rules Myrtle Beach Rules: Seasonal Rules and Year-Round Rules May 3, 2023 | Local News May 1st is the start date for many Myrtle Beach rules that are seasonal. Some of our rules are year-round, while others are only in effect during the crowded summer months at the beach. Below, we will review the rules o...

If you were wondering why you haven't seen any smoke shops in downtown Myrtle Beach, it's because they are banned, and the SC Supreme Court found the ban is constitutional.

The SC Supreme Court Approves Myrtle Beach’s Ban on Smoke Shops in the OBEOD The SC Supreme Court Approves Myrtle Beach’s Ban on Smoke Shops in the OBEOD Apr 27, 2023 | Business Law and Litigation, Legislation, Local News In Ani Creation v. City of Myrtle Beach, decided last week, the SC Supreme Court held that Myrtle Beach’s ban on smoke shops in the Ocean Boulevard Ent...

The SC Constitution has an explicit right to privacy that provides greater protection than the Fourth Amendment, and the SC Supreme Court has relied on it in several recent cases including in the context of warrantless blood draws and abortion rights.

SC’s Constitutional Right to Privacy – DUI Defense and Other Applications SC’s Constitutional Right to Privacy – DUI Defense and Other Applications Apr 21, 2023 | DUI, Fourth Amendment Did you know that, unlike the federal Bill of Rights, the South Carolina Constitution has an explicit right to privacy? Our constitutional right to privacy has been cited by the SC Supr...

Insurance companies cannot limit UIM property damage coverage to "covered autos."

Can an Insurer Limit Underinsured Motorist Property Damage Coverage to “Covered Autos?” Can an Insurer Limit Underinsured Motorist Property Damage Coverage to “Covered Autos?” Apr 5, 2023 | Auto Accidents, Insurance, Personal Injury In USAA Casualty v. Rafferty, the SC Supreme Court answered a certified question from the US District Court, holding that insurance companies cannot li...

"Constructive" possession is a way for the state to convict you of drug possession when you did not actually possess the drugs... how do you defend against constructive possession charges?

What is Constructive Possession in SC? What is Constructive Possession in SC? Mar 22, 2023 | Drug Charges, Ma*****na Prohibition Constructive possession is a “legal fiction” that allows the state to convict a person of drug “possession” when they did not actually “possess” the drugs… How does that work? Below, we will expla...

What is "simple possession?" The term could apply to any controlled substance based on the drug's weight...

What Does “Simple Possession” Mean in SC? What Does “Simple Possession” Mean in SC? Feb 28, 2023 | Drug Charges, Ma*****na Prohibition What does “simple possession” mean in SC? Most people know that “simple possession” means getting charged with possession of a small amount of ma*****na, but how much ma*****na is “simple posse...

When do you need a probate attorney? Can you avoid probate with a comprehensive estate plan?

Do I Need a Probate Attorney in SC? Do I Need a Probate Attorney in SC? Jan 13, 2023 | Probate and Estates Do you need a probate attorney? When your parent, spouse, or other loved one has passed away, and you find yourself in charge of handling their estate as executor or personal representative, it is overwhelming. I’ve been there,...

What's the difference between a durable power of attorney, a healthcare power of attorney, an advanced directive, and a living will?

What is a Healthcare Power of Attorney in SC? What is a Healthcare Power of Attorney in SC? Jan 6, 2023 | Probate and Estates What is a healthcare power of attorney and why do you need one? A power of attorney is a legal document that allows another person to make important decisions on your behalf. There are different types of powers of attorn...

Durable powers of attorney, limited powers of attorney, springing powers of attorney, and healthcare powers of attorney - what you can accomplish with a POA and how you execute one can be complicated and it's not something you want to get wrong.

Call us if you need help.

What is a Durable Power of Attorney in SC? What is a Durable Power of Attorney in SC? Dec 15, 2022 | Probate and Estates A durable power of attorney, sometimes referred to as a “financial power of attorney,” is when a principal gives authority to an agent to handle their affairs including their financial affairs. Powers of attorney are n...

1st degree, 2nd degree, 3rd degree, DVHAN - what do the different degrees of domestic violence charges in SC mean?

Understanding the Degrees of Domestic Violence Charges in SC Understanding the Degrees of Domestic Violence Charges in SC Dec 5, 2022 | CDV Domestic Violence, Criminal Defense What’s the difference between the degrees of domestic violence charges in SC? Whether it is misdemeanor third-degree domestic violence or the more serious allegations of domestic viol...

What is the procedure if your child gets arrested? What rights do children have in the juvenile court in SC?

What is the Process for Juvenile Court in SC? What is the Process for Juvenile Court in SC? Nov 25, 2022 | Criminal Defense, Juvenile Criminal Defense When a minor is accused of a crime in SC, their case is tried in the “juvenile court,” which is part of SC’s family court – the same court where divorces and child custody matters are dec...

How do you know when to settle your car accident claim? When is too soon, when is too late, and when should you take your case to trial?

Should I Settle My Car Accident Claim or Go to Trial? Should I Settle My Car Accident Claim or Go to Trial? Nov 16, 2022 | Auto Accidents How do you know when to settle your car accident claim? And when should you take your case to trial? There is no simple answer because it depends on the circumstances and facts of your case. Your car accident lawyer....

There are many DUI-related offenses in SC, including DUI, DUAC, felony DUI, BUI (boating under the influence), FUI (flying under the influence), DUI-related child endangerment, SC's zero-tolerance license suspension for minors under the age of 21, and administrative suspensions for implied consent violations.

DUI-Related Offenses in SC DUI-Related Offenses in SC Oct 27, 2022 | Alcohol Laws in SC, DUI Most people probably think of DUI as one offense that applies when someone is drinking and driving – if the police think someone was driving a car while they were intoxicated, they will charge the person with driving under the influ...

Biden's pardon for ma*****na offenses does not apply to you unless you were convicted in federal court. But, if you have state-court convictions for ma*****na offenses, we may be able to help you get an expungement or a SC pardon...

President Biden’s Pardon for Simple Possession of Ma*****na Does Not Apply to State Convictions President Biden’s Pardon for Simple Possession of Ma*****na Does Not Apply to State Convictions Oct 21, 2022 | Drug Charges, Expungements, Ma*****na Prohibition As many of you have probably seen, President Biden issued a pardon on October 6, 2022, for all US citizens (and lawful permanent resident...

What is a "stand your ground hearing?"

Before trial begins, if the defendant can prove 1) the elements of self defense or 2) that the Protection of Persons and Property Act applies - by a preponderance of the evidence - then the court must dismiss the case.

If the court finds that immunity does not apply, the defendant can still present the elements of self defense to the jury and the state must disprove self defense beyond any reasonable doubt.

What is a Stand Your Ground Hearing in SC? What is a Stand Your Ground Hearing in SC? Oct 10, 2022 | Self Defense Law in SC What is a stand your ground hearing in SC? In State v. McCarty, decided September 21, 2022, the SC Supreme Court reversed a trial court’s denial of immunity under the SC Protection of Persons and Property Act because ...

Lane splitting - or lane filtering - may be safer for motorcycles at low speeds, but it is illegal in SC.

Is Lane Splitting Legal in South Carolina? Is Lane Splitting Legal in South Carolina? Sep 26, 2022 | Motorcycle Accidents Lane splitting is not legal in South Carolina. Although it is legal in some states, and many motorcyclists believe it should be legal in all states, in SC it could 1) shut down your possibility of recovering damages after...

When can you file a lawsuit on behalf of your child, and what are the rules for minor settlements in SC?

Can I File a Lawsuit for My Child in SC? Can I File a Lawsuit for My Child in SC? Sep 15, 2022 | Auto Accidents, Personal Injury There are few things more terrifying than when your child is seriously injured in an accident. When that accident is caused by someone else’s negligence, the parents can and should file a lawsuit for their chil...

Is CCU one of the most dangerous university campuses in the country, or is CCU one of the most honest campuses when it comes to reporting crime stats? Click through to learn more...
https://coastal-law.com/coastal-carolina-university-ccu-arrests-and-crime-statistics/

I didn't consent to take a breathalyzer test when I got my driver's license - did you? Of course not - and you have the right to refuse the test, but there may be consequences.

What is Implied Consent in SC? What is Implied Consent in SC? Jul 21, 2022 | DUI SC’s implied consent laws will result in a license suspension (and ADSAP requirements) if you: Refuse the breathalyzer test (or a blood test), or Take the breathalyzer test and the result is .15 or greater. What does implied consent mean, though? A...

Minor in possession charges - if you are a student or young adult charged with an alcohol violation, how do you keep it off your criminal record?

Minor in Possession of Alcohol Charges in Myrtle Beach and Conway, SC Minor in Possession of Alcohol Charges in Myrtle Beach and Conway, SC Jul 13, 2022 | Alcohol Laws in SC Minor in possession of alcohol is one of the most common charges picked up by young adults in Myrtle Beach and Conway, SC, whether they are locals, here on vacation, celebrating spring break, or e...

Breach of contract in SC - how to 1) avoid litigation or 2) win your breach of contract claim when litigation is unavoidable.

Breach of Contract in SC: When Should You Sue? Breach of Contract in SC: When Should You Sue? Jun 22, 2022 | Business Law and Litigation When should you sue for breach of contract? If a vendor, customer, or another business has failed to provide the agreed-upon services, goods, or payment, you may have the option of filing a lawsuit for breach o...