How to handle your first criminal charge in South Carolina
Become educated
Once you have ben charged with a crime you need to know the basic information about your charge(s). First, you need to know exactly what it is you have been charged with, a misdemeanor, felony and what does that mean. If it is a charge written on a ticket then you will have a court date very soon after arrest, usually within a month of arrest that you must appear for if you do not have an attorney. Failure to appear will result in the case being tried in your absence where you will be found guilty, and a bench warrant for your arrest will be issued along with the possible jail sentence and fine.
Get a lawyer
It's always helpful to get a lawyer involved in your case sooner rather than later. Why? Because a lawyer can answer all the questions about your charge(s) what type they are, possible penalties and start investigating your case for you. One of the first things a lawyer will do for you is file a letter of representation and discovery request on the case. A discovery request is asking the state to provide all the evidence against you so they can review it for any possible defenses or see a need to conduct additional investigations on your behalf. The letter of representation tells the court and prosecutor that they can no longer talk to you without your lawyers permission and if they ignore that request any statements you make will be inadmissible in court.
Your First Court Appearance
A daunting task for those that have never been in the criminal process before as you are inside a courtroom, there's a judge, prosecutor and this will be the place that decides your fate. Most important is to make sure you actually show up. Most times there will not be a decision made on your case at this time but that is not always the case. Too often defendants are told if you just pay a small fine you can leave and be done with it, unfortunately this also means that you have just pled guilty to the4 crime which results in a permanent criminal conviction on your record unless you move to have it expunged if it qualifies. If unsure, ask for a continuance and make sure you know when your next court date is. It is your responsibility to find out this information.
Talk to a Charleston Criminal Defense Lawyer about your South Carolina arrest, the consultation is typically free and the charge is not going to go away by itrself.
Once you have ben charged with a crime you need to know the basic information about your charge(s). First, you need to know exactly what it is you have been charged with, a misdemeanor, felony and what does that mean. If it is a charge written on a ticket then you will have a court date very soon after arrest, usually within a month of arrest that you must appear for if you do not have an attorney. Failure to appear will result in the case being tried in your absence where you will be found guilty, and a bench warrant for your arrest will be issued along with the possible jail sentence and fine.
Get a lawyer
It's always helpful to get a lawyer involved in your case sooner rather than later. Why? Because a lawyer can answer all the questions about your charge(s) what type they are, possible penalties and start investigating your case for you. One of the first things a lawyer will do for you is file a letter of representation and discovery request on the case. A discovery request is asking the state to provide all the evidence against you so they can review it for any possible defenses or see a need to conduct additional investigations on your behalf. The letter of representation tells the court and prosecutor that they can no longer talk to you without your lawyers permission and if they ignore that request any statements you make will be inadmissible in court.
Your First Court Appearance
A daunting task for those that have never been in the criminal process before as you are inside a courtroom, there's a judge, prosecutor and this will be the place that decides your fate. Most important is to make sure you actually show up. Most times there will not be a decision made on your case at this time but that is not always the case. Too often defendants are told if you just pay a small fine you can leave and be done with it, unfortunately this also means that you have just pled guilty to the4 crime which results in a permanent criminal conviction on your record unless you move to have it expunged if it qualifies. If unsure, ask for a continuance and make sure you know when your next court date is. It is your responsibility to find out this information.
Talk to a Charleston Criminal Defense Lawyer about your South Carolina arrest, the consultation is typically free and the charge is not going to go away by itrself.
