O'Leary Associates, P.A.

Criminal Defense & Civil attorneys

Criminal Defense
A large percentage of our practice is devoted to the area of criminal defense.  Our firm handles all types of criminal cases, including misdemeanors and felonies throughout South Carolina.

​When you are facing a criminal charge, it is vital that you seek representation immediately so you do not give up any critical or timely rights in the criminal court process.  The criminal justice process can be extremely frustrating and can take years to resolve.  We encourage our clients to actively participate in their defense so that they can stay informed and understand both the procedures and ramifications of the possible outcomes of their case.  We strive to keep our client's informed about their case as things progress so that they can work with us in making key decisions.

​Federal charges occur more often than many people realize, even when you are already facing state charges for the same issue.  Federal cases demand an attorney who frequently handles these types of complex matters.  The federal case system is unique and the federal sentencing guidelines are difficult to maneuver without counsel who has experience and training in this area.  Our firm routinely handles federal cases throughout South Carolina, as well as appeals to the United States Court of Appeals.

Among the criminal cases we handle, we frequently handle driving under the influence cases.  In South Carolina, the DUI laws and complicated and technical.  The DUI laws are also ever-changing and the penalties only increase.  
It is important that you have an advocate who understands the laws and procedures of DUI cases.  Because of the Administrative penalties and process that parallels the criminal process, it is common for a person to get lost in the complexity and end up with penalties, suspensions, fines and alcohol counseling which could have been avoided if they had acted quickly following their arrest.

​When a person is arrested for driving under the influence in South Carolina, they are given the opportunity to take a breath alcohol test.  If the person blows a breath alcohol of .15% or more, their license is suspended for 30 days.  If they refuse to take the test, their license is immediately suspended for 90 days.  However, the person also has the right to challenge this suspension in an Administrative Hearing if they request such a hearing within 30 days of their arrest date.  If they fail to request a hearing, then the suspension remains in effect and you will be required to complete an alcohol counseling program and carry SR-22 insurance.  This has nothing to do with the actual criminal charge which will still be pending after the administrative process is over.

​As you can see, this is a complicated situation that must be managed effectively by someone who is experienced in this area of law.  We offer a free consultation so that we can meet you and determine if we can assist you with your case.  It may also be helpful for you to obtain a criminal history or driving record so that we can fully assess your situation and together, determine the best course of action.
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