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Our experienced Columbia criminal defense lawyer at Shealey Law Firm explain the important rights of someone accused of a crime in South Carolina and what these rights mean for your case.
What Does “Rights of the Accused” Mean Under the U.S. Constitution?
The rights of the accused under the U.S. Constitution are entitlements that a person has when charged with a crime. These rights apply to criminal proceedings in U.S. state and federal courts.
These rights ensure that the legal system treats the accused fairly. They protect the public from government overreach, uphold the integrity of the justice system, and minimize the risk of false convictions.
Your Fourth Amendment Right: Protection Against Unlawful Search and Seizure in SC
The rights of the accused in South Carolina begin with the right to be free from unlawful search and seizure. The Fourth Amendment to the U.S. Constitution says that people have the right to be secure in their persons and property.
In other terms, the police can’t summarily search or arrest anyone they want. Generally, the police can arrest someone if they have a reasonable belief that the person committed a felony, whether or not the offense was committed in the officer’s presence. For misdemeanors, a warrant is required unless the misdemeanor is committed in the officer’s presence or the officer arrives at the scene shortly after the offense.
Only police officers may execute warrants.
The accused person has the right to a copy of a warrant executed against them.
When the police arrest someone, they inform the person of the reason for the arrest.
Your Fifth Amendment Right: Protection Against Self-Incrimination in South Carolina
The Fifth Amendment to the U.S. Constitution protects an accused from being compelled to testify against themselves. This is the right against self-incrimination. A person accused of a crime may choose to testify on their own behalf, but may also choose not to do so. The prosecution may not comment on the accused’s refusal to testify.
The protection against self-incrimination includes Miranda rights. A person doesn’t have to answer law enforcement questions. An accused person may choose to have an attorney present for questioning.
In addition, the Fifth Amendment prohibits trying someone twice for the same crime. A person may be charged in both South Carolina and federal court, but that rarely happens.
Your Sixth Amendment Right: The Right to a Fair Trial and Legal Counsel in SC
The rights of the accused in SC include the right to a fair trial, which reflects the following:
- Impartial jury
- Public trial
- Legal counsel
- Calling witnesses
- Questioning witnesses
- Seeing and hearing witnesses
- Presumption of innocence
- Speedy trial
The accused may choose their own attorney or have one provided at public expense if they’re unable to afford a lawyer. The court evaluates a person’s income and resources to see if they can afford a lawyer.
It’s not exactly clear what it means for a trial to be speedy. The length of a delay, reason for delay, defendant’s wish for speedy trial, and prejudice caused by delay are some of the factors that may determine speedy trial rights.
Your Eighth Amendment Right: Excessive Bail, Fines, and Punishments
If you’re found guilty, the court may not impose an excessive fine or cruel and unusual punishment. Several court cases have interpreted what constitutes cruel and unusual punishment. For example, the court may not impose a life sentence for a minor offense. They may not impose the death penalty for a person who was a juvenile or intellectually disabled at the time of the offense.
Additional Rights of the Accused
Additional rights of the accused in South Carolina are the following:
- Pleading not guilty
- Being informed of the charges against you
- Pre-trial release, unless it is lawfully denied for reasons like homicide, danger to the public, or flight risk
- No judicial vindictiveness – a more serious punishment for exercising trial rights
- Humane treatment while incarcerated, including basic necessities, no excessive force, and access to the court system
- Equal protection in criminal sentencing, including not being sentenced more harshly because of race or sex
- Appeal of a criminal conviction
Even though the accused has the right to exercise trial rights without incurring a harsher punishment, a plea bargain may effectively reduce a sentence because of lower maximum penalties.
What Happens When Your Rights as the Accused Are Violated in SC?
If the rights of the accused are violated in SC, the possible outcomes may be:
- The court prohibits certain pieces of evidence from being used against you
- Charges are dismissed
- You have a claim for monetary compensation (e.g., false arrest, brutality, malicious prosecution)
- The court corrects the violation
An attorney can help you seek the appropriate remedy.
How a Columbia Criminal Defense Attorney Protects Your Constitutional Rights
A Columbia criminal defense attorney protects your constitutional rights by:
- Taking steps to make sure your rights aren’t violated
- Identifying violations
- Knowing how to defend your rights
- Asking the court to protect specific rights
- Seeking a remedy for a violation
An experienced attorney can protect your constitutional rights, which can be critical to how you’re treated in the criminal process and in the outcome of your case.
Accused of a Crime in Columbia, SC? Know Your Rights Before You Say Anything
Are you accused of a crime in Columbia, SC? Exercise your rights! Call our experienced attorneys at Shealey Law Firm today.