Stephen Krzyston

How Defense Lawyers Can Challenge Field Sobriety Tests in SC Courts

Stephen Krzyston acquired his juris doctor (JD) from Charleston School of Law in 2012 and serves as a criminal defense lawyer at Cavanaugh & Thickens in Columbia, South Carolina. He represents clients in state and federal criminal cases. In addition, Stephen Krzyston has experience in cases that involve blood splatter interpretation, DNA testing, and field sobriety testing.

Police officers administer field sobriety tests like the one-legged stand when they suspect a driver is driving under the influence and pull them over. The tests aim to help officers determine an individual’s sobriety level. However, drivers can refuse to perform the tests.

Officers can arrest drivers when they comply with the officer’s request to perform the tests and fail. But, drivers can challenge the results and validity of the officer’s judgment in court. For example, criminal defense lawyers can argue that the officer failed to administer the test correctly.

Criminal defense lawyers can also argue that an officer failed to give the defendant explicit instructions when administering the test. Finally, if the defendant’s attorney can prove the officer made an illegal DUI stop, they can argue that all evidence gathered from the DUI stop is inadmissible.

Navigating Plea Bargains in South Carolina Criminal Cases

Stephen Krzyston is a South Carolina-based trial attorney with experience in criminal litigation and case management. As an attorney at Cavanaugh & Thickens, LLC, he oversees the firm’s criminal cases from retention through resolution. In addition, Stephen Krzyston strategically implements defenses, including negotiating plea bargains.

Plea bargains expedite criminal proceedings, such as defendants who admit guilt in exchange for lenient charges or sentences. However, some judges may reject the arrangement and not ratify a sentence bargain.

Defendants seeking a plea deal in South Carolina must voluntarily waive multiple constitutional rights, including the right to legal representation and the right to a jury trial. Then, judges must confirm the waivers. Otherwise, judges who dismiss plea bargains will halt the proceedings.

Reaching plea bargains has challenges. Success depends on the type of case and the terms. Therefore, the parties, defense and prosecution representatives, must negotiate beforehand. Nonetheless, defendants can withdraw pleas if they did not freely consent to the terms.

South Carolina and Treatment of Personal Injury Cases

The recipient of a JD from Charleston School of Law, Stephen Krzyston is an accomplished legal professional who holds membership in multiple professional organizations, including the National Association of Criminal Defense Lawyers and the South Carolina Bar. Since 2019, Stephen Krzyston has served as an attorney at Cavanaugh & Thickens, a South Carolina-based firm representing clients in personal injury cases.

In South Carolina, equitable access to justice principles prevail in personal injury cases. Regardless of one’s background, race, ethnicity, or professional standing, the state’s legal system ensures that all individuals who have suffered injuries due to the negligence of others have the right to seek legal and financial accountability. The commitment to equal treatment is always crucial.

South Carolina’s personal injury law recognizes that accidents and tragedies can impact anyone, irrespective of their circumstances. In this state, pursuing legal remedies is a universal right, fostering a fair approach where the focus remains firmly on accountability and redress for the injured party.

Cavanaugh and Thickens Supports Community through Various Causes

After working in the Richland County Public Defender’s office in Columbia, South Carolina, Stephen Krzyston began working for Cavanaugh & Thickens, a firm with a focus on personal injury, workers’ compensation, and criminal defense firm. Here, Stephen Krzyston represents defendants facing charges in state and federal courts in South Carolina.

Cavanaugh & Thickens also supports various community causes and believes community service through volunteering and sponsorship provides it the opportunity to give back to those it serves. The firm collaborates with area non-profits to help these organizations further their missions.

In terms of sponsorship, the firm has sponsored the Women in Law 5K for the second consecutive year. The firm helped the Women in Law organization raise $5,000 to support another organization, SASS Go’s mission of eliminating trafficking, abuse, and violence against girls and women worldwide.

Cavanaugh & Thickens also sponsored the Trenholm Little League. The program serves more than 400 boys and girls, their families, and their community through a shared love of baseball.

The USC (University of South Carolina) Dance Marathon is another organization Cavanaugh & Thickens sponsored. In its third year, this particular event supports Prisma Health Children’s Hospital located in the midlands.

Benefits of SCACDL Membership

With more than a decade of legal experience, Stephen Krzyston is an attorney experienced in criminal and civil litigation. Before joining Cavanaugh & Thickens as an attorney, he worked in various roles across multiple legal organizations. Stephen Krzyston maintains membership with various legal professional organizations including the South Carolina Association of Criminal Defense Lawyers.

The South Carolina Association of Criminal Defense Lawyers (SCACDL) is dedicated to ensuring fair justice, due process for persons accused of criminal acts, and protecting the liberty of South Carolina citizens. SCACDL members benefit from skills development, as well as the promotion of integrity and excellence while defending accused persons. SCACDL membership facilitates sharing of legal documentation ranging from motions to case law among others.

In addition, members participate in seminars that specifically focus on defense litigation as well as providing a platform for free exchange of ideas. Members of the association get an opportunity to interact with leading criminal defense attorneys in South Carolina. As part of the engagement in SCACDL, members are constantly kept updated on various legislative issues including those under debate, and how enacted laws will impact criminal law. Finally, SCACDL provides numerous opportunities for their members to learn from successful local and national speakers.

South Carolina’s Recidivism Rates among Lowest in US

Stephen Krzyston is an experienced trial attorney with Cavanaugh & Thickens, a law firm in Columbia, South Carolina. As an attorney with an interest in bettering his community, Stephen Krzyston emphasizes the importance of reducing criminal recidivism.

A 2021 study by the Virginia Department of Corrections placed South Carolina’s recidivism rate among the lowest in the country. Encompassing 43 states that report their recidivism rates over a three-year period, the study showed that 21.9 percent of former inmates of South Carolina’s correctional institutions returned to prison within the studied time frame. For comparison, the percentage in Delaware was as high as 62.2 percent. Further, the study demonstrated a steady decline in South Carolina’s recidivism rate from 33 percent in 2010.

The significant drop could be attributed to the continuous efforts by the South Carolina Department of Corrections, which has introduced various programs that provide inmates with educational, vocational, and job preparedness opportunities. Additionally, the Department of Corrections collaborates with other state agencies to facilitate their reentry into society. For example, they help inmates sort out their identification documents, provide them with street clothes, and connect them with mental health and job services providers.

Bryan Stirling, director of the South Carolina Department of Corrections, expressed his hope that the trend will continue, and added that the department is restructuring its classification system so even more inmates can access its reentry programs.

South Carolina Negligence Law and Personal Injury from Car Accidents

An experienced criminal defense attorney with a lengthy career in the legal industry, Stephen Krzyston began as a law clerk at Charleston County Public Defender in 2012, where he assisted attorneys with legal research and case preparation. He currently serves as an attorney at Cavanaugh & Thickens, LLC, where he represents clients in the state and federal courts of South Carolina. Stephen Krzyston’s experience also includes representing clients who have been injured or wronged due to other people’s actions or negligence.

In South Carolina, people injured in a car accident can get compensation if they file a personal injury claim to recover damages. Regarding car accidents, damages could be missed wages from absence at the workplace due to an injury, medical costs, lost future earnings due to the long-term implications of an injury, and/or pain or discomfort from an injury.

Compensation for damages is only available to victims who did not share more than 50 percent of the negligence that caused the accident. South Carolina proscribes compensation of damages for individuals above 50 percent guilty. This version of comparative negligence law is called the 51 percent rule.

A person’s level of negligence will determine how much they get for compensation. For example, if Mr. X is awarded $200,000 for personal injury but was 10 percent at fault in an accident, he will only receive 90 percent of the compensation. For this reason, his compensation amount will be $180,000.