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Author Archive
Jack B. Swerling
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What Criminal Charges Are Possible for Causing a Death While Driving?

Most automobile accidents involve some degree of negligence by one or more of the people involved. Usually, the only legal consequences are claims for money damages. However, in the worst-case scenario, reckless driving can result in death, which in turn can lead to a criminal prosecution. In South Carolina, a driver who causes a fatality Read More

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Asserting Lack of Intent as a Defense to Murder

Murder is the most serious crime in any society and the one carrying the greatest potential punishment. In South Carolina, murder means the killing of another human being with malice aforethought — that is, with intent to kill or with depraved indifference to human life. Conversely, lack of malice is a defense to the crime. Read More

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Defense Against Prescription Drug Charges in SC

Illegal possession or use of prescription drugs is a serious crime in South Carolina. Some people mistakenly believe that prescriptions are just a technicality so they simply do not follow the laws. However, mere possession of commonly used drugs without the required prescription can land someone in prison for two years as a first-time offender. Read More

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Common SC Fraud Charges and Their Defenses

Fraud occurs when one person intentionally deceives others for the purpose of financial or other personal gain. Not every false or misleading statement of fact is punishable as criminal fraud. The essential element of the crime is that money or property is diverted from its rightful owner as a consequence of the deception. A successful Read More

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Does South Carolina Have Mandatory Minimum Sentences for Drug Offenses?

Most drug crimes in South Carolina carry mandatory minimum sentences, despite recent legislative efforts to relax the law. In April 2021, the South Carolina House passed a bill that would eliminate mandatory minimum sentences and reduce the amount of time drug offenders would need to serve. However, since then, the bill has been stalled in Read More

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The Five Most Common White Collar Crimes

White-collar crimes are non-violent offenses committed for financial gain. They generally involve fraud, misrepresentation and/or misuse of computer and communications technology. Investigations of suspected crimes are typically wide-ranging and may implicate a host of individuals at private or public organizations, from administrative assistants to executives and directors. Depending on the situation, white collar criminal charges Read More

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Raising the Castle Doctrine Defense in Homicide Cases

The castle doctrine is a law based on the idea that “your home is your castle.” It provides that people should be allowed to use force — including deadly force when warranted — to defend themselves against attacks or intrusions in their home. The doctrine thus can be a valid defense in a murder prosecution. Read More

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With SC Hate Crimes at New Levels, FBI Launches Stepped Up Reporting Campaigns

Hate crimes — those motivated by prejudice against the victim’s race, color, national origin, religion, gender, sexual preference, gender identity or disability — have been increasing in frequency in South Carolina. The state currently has no law criminalizing these offenses, but federal authorities are taking more aggressive action to prosecute them under U.S. law. One Read More

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Slew of Arrests Underscores South Carolina’s Targeting of Online Sex Crimes

Law enforcement agencies in South Carolina are focusing increased attention and investigative muscle on alleged child predators. Multiple arrests have been made as part of a multistate sting called Operation Home Alone. In this effort, involving federal, state and local law enforcement, deputies pretend to be underage teenagers using the internet. After an allegedly sexually Read More

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South Carolina Bill Would Decriminalize Possession of Small Amounts of Marijuana, Reduce Other Drug Penalties

The South Carolina legislature is considering bipartisan-backed legislation that would decriminalize possession of small amounts of marijuana. It would also decrease penalties for first offenses of possession of certain amounts of cocaine or methamphetamine, requiring courts to order probation rather than jail time. The bill, H.3571, is aimed at reducing the drain on law enforcement Read More

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Jack Swerling In The News >>

  • Jack Swerling, Derrick Mobley and Alissa Wilson were successful in having a Judge rule after an extensive hearing, that the defendant was immune from prosecution based on the “Stand Your Ground” law in a murder prosecution. The Judgment was handed down on March 29, 2021.
  • Jack Swerling, Gregory Harris and Alissa Wilson obtained a Not Guilty Verdict in Lexington County on March 3, 2022. An Orthopedic Surgeon was charged with Involuntary Manslaughter in the accidental shooting death of a friend.
  • “When Jack is on my docket, I tell my law clerks, ‘You do not want to miss this. You are seeing one of the greatest trial lawyers in the state’s history.'” -South Carolina Circuit Court Judge
  • Jack was selected to Super Lawyers Magazine Top Ten List for 2019. Each year Super Lawyers recognizes the top lawyers in South Carolina via a selection process involving peer evaluations, independent research and professional achievement. The South Carolina lawyers who receive the highest points during this selection process are further recognized in the South Carolina Super Lawyers Top Ten List.
  • USA v. FRANK*: In a child pornography case, Swerling was successful in obtaining a 22 level variance reducing the defendant’s sentence from 8 years to 6 months.
  • STATE v. BORIS: The defendant was found not guilty by reason of insanity in a case where the defendant was involved in a shoot-out with 3 police officers.
  • STATE v. TYGER: Jack Swerling obtains a not guilty verdict in a criminal sexual conduct case in Beaufort County.
  • Pre Trial Dispositions: STATE v. DWAYNE: Mr. Swerling successfully argued for the dismissal of stalking and unlawful use of telephone charges brought against a prominent businessman in Florence County.
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