Facing arrest and criminal charges can be one of the most difficult things for you and your family to experience and definitely not something that you should go through alone. That’s why you need a knowledgeable, experienced Laurens criminal defense lawyer that understands your situation and cares about the outcome of your case.
If you or your loved one has been arrested and is facing criminal charges in Laurens, South Carolina, you need an experienced criminal defense lawyer to fight to protect your rights. Fortunately, at Ayers, Smithdeal & Bettis, we handle all criminal charges and practice in courts throughout South Carolina to provide all our clients an aggressive and proactive defense.
Contact us today via phone or online to schedule your free, no-obligation consultation!
Table of Contents
What Are Your Rights as a Criminal Defendant in South Carolina?
If you are facing criminal charges in South Carolina, you are guaranteed certain rights by both the South Carolina and the United States constitutions. Our Laurens criminal defense lawyers will ensure the following rights are upheld:
Right to Counsel
You have the right to an attorney to represent you if you are accused of engaging in criminal activity.
Guaranteed by: Article I, Section 14 of the South Carolina Constitution and the 6th Amendment to the U.S. Constitution.
Right to Remain Silent
You have the right against incriminating yourself. Simply put, you aren’t obligated to answer any questions without the presence and advice of your attorney.
Guaranteed by: Article I, Section 10 of the South Carolina Constitution and the 4th Amendment to the U.S. Constitution.
Right to Refuse Search or Seizure
You have the right to refuse unreasonable seizures, searches, and invasions of privacy of your property or person.
Guaranteed by: Article I, Section 10 of the South Carolina Constitution and the 4th Amendment to the U.S. Constitution.
Right to Confrontation
You have a right to cross-examine any witness used by the prosecution to prove the allegations made against you.
Guaranteed by: Article I, Section 14 of the South Carolina Constitution and the 6th Amendment to the U.S. Constitution.
Right to Refuse Lineups, Tests, and Identification Procedures
You have to refuse any lineup, test, or identification procedure.
Guaranteed by: Article I, Section 10 of the South Carolina Constitution and the 5th Amendment to the U.S. Constitution.
Right to Present a Defense
If you are facing criminal charges, you have the right to present a complete defense to those charges made against you.
Guaranteed by: Article I, Section 14 of the South Carolina Constitution and the 6th and 14th Amendments to the U.S. Constitution.
Right to a Speedy and Public Trial by an Impartial Jury
You have the right to a speedy and public trial by jury.
Guaranteed by: Article I, Section 14 of the South Carolina Constitution and the 6th Amendment to the U.S. Constitution.
Right to Bail
You have the right to bail unless there are sufficient grounds for not granting it.
Guaranteed by: Article I, Section 15 of the South Carolina Constitution and the 8th Amendment to the U.S. Constitution.
Right to Compel Witnesses
You have a right to call any witnesses in your defense.
Guaranteed by: Article I, Section 14 of the South Carolina Constitution and the 5th and 14th Amendments to the U.S. Constitution.
Right to Due Process
You mustn’t be deprived of liberty, life, or property without due process of the law.
Guaranteed by: Article I, Section 3 of the South Carolina Constitution and the 5th and 14th Amendments to the U.S. Constitution.
Right to Unanimous Verdict
To be convicted of a crime in South Carolina and federal courts, the just has to first reach a unanimous guilty verdict.
Guaranteed by: Article V, Section 18 of the South Carolina Constitution
Right Against Double Jeopardy
You cannot be tried for the same offense twice whether you were previously acquitted or convicted.
Guaranteed by: Article I, Section 12 of the South Carolina Constitution and the 5th Amendment to the U.S. Constitution.
Right Against Cruel and Unusual Punishment
You have the right against excessive punishments and fees that are degrading, patently unnecessary, arbitrary, or completely rejected throughout society.
Guaranteed by: Article I, Section 15 of the South Carolina Constitution and the 8th Amendment to the U.S. Constitution.
What Is a Misdemeanor Vs. a Felony in South Carolina?
Misdemeanors and felonies are the two categories of criminal charges in South Carolina and throughout the United States.
A misdemeanor is a minor and usually non-violent crime that attracts less harsh punishments. If you are convicted of a misdemeanor in South Carolina, you may face up to 3 years in jail depending on the crime. You may also be fined anywhere from $3,000 to $5,000.
Examples of misdemeanors in South Carolina include:
- Vandalism
- Trespassing
- Simple Assault
- Shoplifting
- Public Intoxication
- Marijuana Possession
- DUI
- Disorderly Conduct
A felony, on the other hand, is a serious crime, usually involving violence, that attracts harsher punishments. If you are convicted of a felony in South Carolina, you will generally receive a harsher penalty than a misdemeanor.
You can receive punishments as severe as a life sentence for the most egregious crimes. Capital homicide may attract the death penalty. Felony convictions may attract fines amounting to thousands of dollars. However, the fines are usually defined in the statute for specific crimes as opposed to the classification of the crime.
Examples of felonies in South Carolina include:
- Serious Assault
- Rape
- Kidnapping
- Homicide
- Burglary
- Armed Robbery
Should I Consult a Lawyer Before Speaking to Police?
Yes. You must never talk to the police before you first consult your lawyer. Police are trained to obtain admissions, confessions, and inconsistencies. If you are innocent, they can use the inconsistencies in your statements are proof of guilt.
If you ever find yourself facing criminal charges, the first thing you should do is call your lawyer. It is your constitutional right that you should use. After obtaining an attorney, he or she will act as a buffer between you and the prosecution or police.
What Is the Habitual Offender Law?
The “Habitual Offender” law kicks in when you have either been convicted of 3 major driving offenses within 3 years or acquired 10 or more 4-point moving violation convictions. You can be considered a “habitual offender” for any of the following driving offenses:
- Committing a felony under the motor vehicle laws
- Operating or driving a motor vehicle in a reckless manner
- Failure to stop and report your identity after causing an accident
- Involuntary manslaughter or voluntary manslaughter
- Driving under the influence of drugs or alcohol (DUI)
If you have been notified that you are now considered a habitual offender under the law in South Carolina, you should discuss your case with Ayers, Smithdeal & Bettis who are experienced lawyers within the shortest time possible.
How Can a Laurens Criminal Defense Lawyer Help Me?
If you hire a criminal defense attorney such as those at Ayers, Smithdeal & Bettis, we will start acting in your defense immediately following your free consultation.
The first thing we’ll do is send a letter of representation to the police and prosecutor assigned to your case so that they don’t contact you. Next, we will file a motion of discovery that compels the prosecution to provide you with all the evidence they plan to use against you in court.
We will then start fighting the criminal charges by developing a customized defense strategy. We will use the unique facts of your case to determine which of the approaches below is most likely to secure the best possible outcome in your case:
- Entrapment: Law enforcement officials or other state agents tricked you into acting illegally
- Double Jeopardy: You cannot be legally tried for the same crime twice
- Incapacity/Insanity: You cannot be held responsible for your actions due to mental illness
- False/Coerced Confession: The statement to the police was obtained illegally or is a lie
- Alibi: Present evidence that you weren’t present when the crime took place
- Mistake/Accident: Your actions and/or results were unintentional
- You Are Innocent: It wasn’t you who committed the crime
- Self-Defense: You acted to defend yourself or others from an imminent threat
- Police Misconduct: Law enforcement failed to follow legal protocols or procedure
- Duress/Necessity: Your actions were the result of an imminent threat of harm
- Mistaken Identity: Eyewitnesses misidentified you as the culprit
- Lack of Probable Cause: There isn’t sufficient legal evidence to warrant a charge or conviction
Hire the Best Criminal Defense Lawyers in Laurens, South Carolina
If you have been arrested for a crime in Laurens, South Carolina, hiring our experienced criminal defense lawyers at Ayers, Smithdeal & Bettis should be a top priority. We understand the impact an arrest can have on your life and that of your family, and use that understanding as the basis of and starting point when handling criminal cases.
Get in touch with us today online or by calling 855-213-4405 to schedule your free consultation with our experienced Laurens criminal defense lawyers. We promise to answer all your questions, work diligently on your case, and aggressively defend your freedom, rights, and reputation.
