Criminal Lawyers in Charleston, SC

You have the right to be informed of the charge, the right to remain silent, and the right to a lawyer during custodial questioning and at certain lineups. You also have the right to a bond hearing if charged with a bailable offense, and the right to a jury trial in cases where a jury trial is available; bail may be denied in certain serious cases. For charges not triable by a magistrate, you can also request a preliminary hearing in South Carolina within ten days after notice of that right to challenge whether there is probable cause to hold you for trial.

Your charges will not be dismissed simply because the police did not read you your rights. Police must give Miranda warnings before custodial interrogation if they want to use your answers in the prosecution’s case-in-chief. If they question you in custody without the warnings, your statements generally cannot be used against you for that purpose, but the prosecution may still use other evidence. Learn more about Miranda warnings in South Carolina.

After booking, if you are charged with a bailable offense, you must have a bond hearing within 24 hours of arrest, where the judge considers whether and on what conditions you may be released. For charges not triable by a magistrate, you have ten days after receiving notice of your right to request a preliminary hearing. Your lawyer may then request discovery, review the evidence, and negotiate with the prosecutor or prepare your case for trial. Eligible defendants may qualify for pretrial intervention (PTI), which can lead to dismissal of the charge upon successful completion.

Police generally need a warrant to search your home, unless you consent or an emergency or another recognized exception applies. Your car is treated differently: police may search a vehicle without a warrant if they have probable cause to believe it contains evidence or contraband, if you consent, or if another exception applies. You do not have to consent to a search, and evidence found in an unlawful search may be suppressed. Learn more about when police can search your home without a warrant and warrantless searches in South Carolina.

Do not ignore it: an outstanding arrest warrant can lead to your arrest at home, at work, or during a traffic stop. A judge generally issues an arrest warrant upon a showing of probable cause that you committed a crime. The safest approach is usually to have a criminal defense lawyer confirm the warrant and help you arrange to turn yourself in and seek a bond hearing as quickly as possible. Learn more about arrest warrants in South Carolina.

Yes, if the facts support it. Under South Carolina’s Protection of Persons and Property Act, a person who is not engaged in unlawful activity and who is attacked in a place where he or she has a right to be has no duty to retreat and may meet force with force, including deadly force if reasonably believed necessary to prevent death, great bodily injury, or a violent crime. A person who qualifies may be immune from prosecution, and the judge decides a claim of immunity at a pretrial hearing. Learn more about the stand your ground law in South Carolina and assault charges versus self-defense claims.

Domestic violence is charged in degrees, from third degree, a misdemeanor punishable by up to 90 days in jail, to domestic violence of a high and aggravated nature, a felony punishable by up to 20 years in prison. A bond judge may order you to have no contact with the alleged victim, which can keep you out of your own home. A domestic violence conviction can also restrict your right to possess firearms and affect custody in family court. Learn more about criminal domestic violence charges in South Carolina.

South Carolina divides assault and battery into degrees based on the injury, the means used, and other circumstances. Third degree is a misdemeanor punishable by up to 30 days in jail; second degree is a misdemeanor punishable by up to three years, and first degree is a felony punishable by up to ten years. Assault and battery of a high and aggravated nature (ABHAN) is the most serious, a felony punishable by up to 20 years in prison, and involves an unlawful injury that causes great bodily injury or is inflicted by means likely to cause death or great bodily injury. Learn more about assault and ABHAN charges in South Carolina.

Yes. Since March 7, 2024, a person 18 or older who is not prohibited from possessing or carrying a handgun may generally carry it openly or concealed in South Carolina without a concealed weapons permit. However, you still cannot carry in prohibited places such as courthouses while court is in session, law enforcement facilities, school property, daycare facilities, polling places on election day, or another person’s home without permission, subject to statutory exceptions. Carrying in a prohibited place can lead to criminal charges. Learn more about handgun carry laws in South Carolina.

Only after your lawyer has reviewed the evidence and explained the strength of the case against you, your possible defenses, and the consequences of a conviction. In South Carolina, you may plead guilty or not guilty, or seek the court’s acceptance of a nolo contendere or Alford plea. A plea agreement may reduce the charge or recommend a sentence, but the judge generally retains authority over sentencing, and a conviction can affect your record, your job, your driver’s license, and your right to possess firearms. Learn more about criminal pleas in South Carolina.

Stay calm and do not interfere with the arrest. Find out where your loved one is being held and when the bond hearing will take place, and do not discuss the facts of the case on jail phones or video visits, which may be recorded. Contacting a criminal defense lawyer before the bond hearing can help your loved one seek a reasonable bond. Learn more about what to do if a family member or friend is arrested.