Best Criminal Litigation Lawyers in South Carolina

About Criminal Litigation Law in South Carolina, United States

Criminal litigation in South Carolina refers to the legal processes involved when an individual, business, or organization is accused of committing a crime under state law. The process begins when law enforcement investigates and charges a person with an alleged criminal act. This is followed by prosecution in state courts, where the accused faces penalties ranging from fines to imprisonment. Criminal litigation encompasses both misdemeanor and felony charges, and it involves a range of procedures including arrest, arraignment, plea hearings, trial, and sentencing. Criminal law in South Carolina aims to maintain public safety, ensure justice, and protect individual rights throughout the legal process.

Why You May Need a Lawyer

People may find themselves in need of a criminal defense lawyer in South Carolina for many reasons. Common situations include being arrested for crimes such as DUI, drug offenses, assault, theft, domestic violence, or white-collar crimes. If you are under investigation by law enforcement or if you have received a summons or indictment, it is critical to get legal representation early. Lawyers provide vital support in protecting your constitutional rights, offering legal advice, negotiating plea deals, and representing you in court. Without a knowledgeable attorney, you risk facing severe consequences, including jail time, large fines, and a permanent criminal record.

Local Laws Overview

South Carolina criminal law is governed by the South Carolina Code of Laws, particularly Title 16 (Criminal Offenses) and Title 17 (Criminal Procedures). Penalties for criminal offenses vary widely based on the classification of the crime as a misdemeanor or felony. South Carolina employs a tiered system for offenses like DUI, with escalating consequences for repeat offenses. The state also has specific laws regarding mandatory minimum sentences, sentencing guidelines, probation, and parole. Additionally, there are laws protecting juveniles, victims’ rights, and processes for appealing criminal convictions. Certain crimes, such as domestic violence and drug offenses, have specific legal procedures and potential for diversion programs or alternative sentencing.

Frequently Asked Questions

What should I do if I am arrested in South Carolina?

Remain calm and exercise your right to remain silent until you consult with an attorney. Do not resist arrest. You have the right to ask for a lawyer before answering questions.

How do criminal charges progress through the South Carolina courts?

Criminal cases typically begin with arrest or a criminal complaint, followed by an initial appearance. Misdemeanor cases are handled in magistrate or municipal court. Felony cases are prosecuted in General Sessions Court. There are hearings, pre-trial motions, and potentially a trial by jury.

What is the difference between a misdemeanor and a felony?

Misdemeanors are less serious crimes punishable by less than one year in jail. Felonies are more serious offenses with penalties exceeding one year, sometimes including significant prison time and larger fines.

Can I get my criminal record expunged in South Carolina?

Certain offenses and circumstances allow for expungement, meaning your record is cleared of specific charges. Eligibility is limited and varies based on the offense, outcome, and any prior convictions.

What happens if I am convicted of a crime?

If convicted, you may face jail or prison time, probation, fines, community service, or other penalties determined by the court. Convictions can also have long-term consequences, such as loss of employment opportunities or professional licenses.

What rights do I have during a criminal investigation?

You have the right to remain silent, the right to an attorney, and protection against unlawful searches and seizures. If you cannot afford a lawyer, one will be provided to you.

Should I accept a plea bargain?

Plea bargains can lead to reduced charges or sentencing, but you should never accept one without consulting an experienced defense attorney to ensure it is in your best interest.

What are common defenses to criminal charges in South Carolina?

Defenses may include lack of evidence, mistaken identity, self-defense, violation of constitutional rights, and procedural errors. Your attorney will review the specifics to determine the best defense.

What is bond and how is it set?

Bond is a financial guarantee for your appearance in court. The court sets bond at a hearing, considering factors such as the nature of the offense, flight risk, and ties to the community.

Can I appeal a criminal conviction?

Yes, convictions from trial court can be appealed to higher courts. The appeal process is time sensitive and requires legal grounds such as legal errors at trial or constitutional violations.

Additional Resources

Several resources are available to individuals involved in criminal litigation in South Carolina. These include the South Carolina Judicial Department for court information and case searches, South Carolina Bar for lawyer referrals and legal education, South Carolina Commission on Indigent Defense for public defender resources, and local legal aid organizations for assistance. For incarceration and inmate information, the South Carolina Department of Corrections is a key resource. Victims of crime can also reach out to the South Carolina Victim Assistance Network for support and advocacy.

Next Steps

If you are facing criminal charges or are under investigation in South Carolina, promptly securing legal representation should be your top priority. Start by documenting all relevant details about your case and refrain from speaking about your situation to anyone except your lawyer. Contact a reputable criminal defense attorney as soon as possible for a consultation. If you cannot afford an attorney, inquire about a public defender or legal aid. Stay informed about your rights and obligations, attend all court hearings, and comply with any legal requirements set by the court. Taking immediate and informed action with the help of a qualified lawyer is the best way to protect your rights and achieve the most favorable outcome in your criminal case.