Being charged for a criminal offense can be terrifying and could lead to a record, job loss, or even serving time in jail. Whether you are being charged with DUI, immigration, a drug offense, or any other crime, knowing your rights and protecting them is crucial for your wellbeing.
However, just knowing your rights won’t do you any good. If you’re being prosecuted for an offense that you may or may not have committed, having the support of a professional and experienced criminal defense attorney could go a long way in helping you protect your rights, and possibly avoiding jail.
If you’re facing any criminal charges, the attorneys at Ayers, Smithdeal, and Bettis can help. If you under investigation for an offense or crime and have been contacted by law enforcement, our Newberry criminal defense lawyers can help ensure that you’re treated fairly under the law and that your rights as a citizen are protected.
Our criminal defense lawyers are licensed to practice law across South Carolina and have defended individuals in all types of court settings, from federal to municipal courts. We’re ready to represent you whether you have been charged in:
- Federal Court
- General Sessions Court
- Municipal Court
- Magistrate’s Court
Our legal team is well versed in prosecutorial techniques, knowledgeable in matters related to South Carolina criminal laws, and has a sincere concern for your liberty and rights. If you’re currently facing criminal investigations and arrest, we’ll do our best to make sure that you receive a well-planned, vigorous defense, irrespective of your charges or where you have been charged.
Call us at 855-213-4405 now.
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What Are Your Rights as a Criminal Defendant in South Carolina?
Both the United States Constitution and South Carolina Constitution have certain protections in place for criminal defendants that have to be adhered to. While most Americans are aware of their right to remain silent, very few people know the many rights they have when being accused of a crime. Here is a look at some of the rights you have as a criminal defendant in South Carolina.
Right to Counsel
Sixth Amendment to the United States Constitution; South Carolina Constitution Article I, Section 14
As a defendant, you have the right to an attorney who’ll represent you against your accusations. If you can’t afford the services of an attorney, then one, known as a public defender, will be appointed for you.
Right to Remain Silent
Fifth Amendment to the United States Constitution; South Carolina Constitution Article I, Section 12
The fifth amendment protects defendants from self-incrimination. As someone who’s being accused, you aren’t required to answer any questions without your attorney’s presence and advice.
Right to Refuse Search or Seizure
Fourth Amendment to the United States Constitution; South Carolina Constitution Article I, Section 10
You reserve the right to deny/refuse unreasonable invasions of privacy, seizures, and searches of your person or property.
Right to Refuse Identification Procedures, Tests, and Lineups
Fifth Amendment to the United States Constitution; South Carolina Constitution Article I, Section 10
You reserve the right to refuse any identification procedure, test, or lineup. For Driving Under the Influence cases, this includes breath tests and field sobriety tests.
Right to Confrontation
Sixth Amendment to the United States Constitution; South Carolina Constitution Article I, Section 14
You reserve the right to cross-examine witnesses the government or prosecutor uses to prove their allegations against you. If you have an attorney representing you, they can question any person that testifies against you, including the police.
Right to Due Process
Fifth and Fourteenth Amendments to the United States Constitution; South Carolina Constitution Article I, Section 3
As a criminal defendant, you mustn’t be deprived of your property, life, or liberty without due process. You reserve the right to a fair justice system, and your lawyer can dispute any unfair procedures that took place during the police arrest, investigation, or trial.
Right to Compel Witnesses
Fifth and Fourteenth Amendments to the United States Constitution; South Carolina Constitution Article I, Section 14
You reserve the right to call a witness(s) in your defense. If you know someone that knows or saw what happened and can challenge the evidence provided by the state, your attorney can call them forward to testify for you.
Right Against Cruel and Unusual Punishment
Eighth Amendment to the United States Constitution; South Carolina Constitution Article I, Section 15
You reserve the right against punishments and fees that are arbitrary, degrading, and patently unnecessary.
Right to a Speedy and Public Trial by an Impartial Jury
Sixth Amendment to the United States Constitution; South Carolina Constitution Article I, Section 14
You reserve the right to a quick public jury trial. As the accused, you’re protected from pointless delays between your accusation and the hearing of your case.
Right to Bail
Eighth Amendment to the United States Constitution; South Carolina Constitution Article I, Section 15
You reserve the right to bail except when there’s sufficient cause not to grant it. You’re also protected against an unwarranted bail amount.
Right to Present a Defense
Sixth and Fourteenth Amendments to the United States Constitution; South Carolina Constitution Article I, Section 14
You reserve the right to defend yourself against your charges.
Right to Unanimous Verdict
South Carolina Constitution Article V, Section 18
For you to be convicted of any crime in South Carolina and federal courts, the guilty verdict made by the jury has to be unanimous.
Right Against Double Jeopardy
Fifth Amendment to the United States Constitution; South Carolina Constitution Article I, Section 12
Whether you’re previously acquitted or convicted, you can’t be tried for the same crime twice. If you were already acquitted of another person’s murder, you can’t be tried or charged for the crime again.
What Is the Difference Between a Misdemeanor and a Felony in South Carolina?
States in the U.S. divide crimes into two general categories: misdemeanors and felonies. Felonies typically involve serious crimes while misdemeanors are minor, and their penalties are less serious.
Apart from recognizing the difference between the two, South Carolina further distinguishes misdemeanors by grouping them into three general categories: Class A, Class B, and Class C. Class C misdemeanors are considered minor while Class A is the most serious.
Examples of crimes in each category:
Class A:
• Communicating of sending messages to other people without consent
• Use of threats of physical violence by gang members against minors
• Vandalism, third offense in ten years
Class B:
• Enticing a minor from attending school
• Intimidating or assaulting someone on account of them exercising their civil rights or due to their political opinions
• Lying about income to get public housing
Class C:
• Disturbing religious worship
• Altering or falsifying a diploma or transcript
• Vandalism, second offense in ten years
Should I Consult an Attorney Before Speaking to the Police?
Yes. You reserve the right to talk to an attorney before answering any question, irrespective of whether the police inform you or not. The main objective of an attorney to protect your civil rights and should be present during interrogation to provide you the legal counsel you need.
Once you tell the police that you want to talk to your attorney, they are required by law to stop asking questions. However, that doesn’t mean that they’ll stop; regardless, you aren’t required to say anything.
If you have been arrested and are being questioned or have been called in for questioning or to write a statement, get in touch with us at Ayers, Smithdeal, and Bettis and retain the services of our top criminal defense attorneys. We are here to fight for your rights and provide professional legal counsel and representation that will help you avoid convicting yourself.
What’s the Habitual Offender Law?
In South Carolina, people are deemed habitual offenders if they’ve either acquired 10 or more 4-point moving violations or have been convicted of 4 major driving offenses within three years. According to South Carolina Code 56-1-1020, this includes the following driving offenses:
- Operating or driving a vehicle in a reckless manner
- Driving under the influence of drugs or alcohol
- Failing to stop and report your identity after causing a car accident
- Voluntary or involuntary manslaughter
- Committing felonies under the state’s motor vehicle laws
- Driving with a revoked, canceled, or suspended license
Once you’ve been classified as a habitual offender by the DMV (Department of Motor Vehicles), the agency reserves the right to revoke your license for no less than five years. However, you still can contest this suspension within thirty days of receiving DMV’s notice.
Once an appeal has been filed, the Office of Motor Vehicle Hearings in South Carolina schedules a hearing where you are allowed to present your case as to why your driver’s license should be revoked. If your appeal fails, then you’ll have to wait for two years to request a reduction.
How Can a Newberry Criminal Defense Lawyer Help Me?
Hiring a professional, experienced and skilled defense attorney is the cornerstone of your defense team. Apart from working to get your charges lowered or dropped and building your defense, the lawyer assigned to your case will also investigate the claim to challenge the evidence presented by the government.
Our attorneys accomplish this by:
- Pointing out discrepancies in police reports
- Finding potential witnesses; discovering credibility issues and ulterior motives with the prosecution’s witnesses
- Uncovering new evidence that the detectives missed
- Finding crime experts to help prove innocence
- Proving that the officers assigned to the case did a shoddy job investigating the matter
Consult an Ayers, Smithdeal & Bettis Now For Help
If you’ve been charged with any crime in Newberry, South Carolina, finding and hiring a professional defense attorney should your number one priority. The attorneys at Ayers, Smithdeal & Bettis can help you navigate the intricate world of criminal defense proceedings so you have an easier time going through every trial and hearing without worry.
Our criminal defense attorneys are here to guide you through the process. Whether you’ve just been arrested or are being investigated or attending a bond hearing, or are at any point along the criminal defense process, do not risk taking matters into your own hands.
Get in touch with a Newberry, SC, criminal defense attorney from Ayers, Smithdeal & Bettis to increase your chances of getting a favorable ruling. Give us a call at 855-213-4405 now, and let us help you defend your rights.
