Columbia Criminal Defense Attorneys

Even if you are completely innocent, you should be very cautious when scheduling an interview with law enforcement, and in fact it is often in your best interest to immediately contact a criminal defense lawyer before proceeding with an in-person interview.

After hearing the case we may suggest that it is not in your best interest to be interviewed by law enforcement, as everything you say can potentially be used against you in a future proceeding. You are presumed innocent so make sure you contact a trusted criminal lawyer first before speaking with law enforcement.

If you become aware that there is an active warrant out for your arrest, you should immediately contact a trusted criminal lawyer to ensure that you can safely turn yourself in without further incriminating yourself.

The criminal process cannot get initiated with the court system until the warrant is served on you and you are processed through the jail. It is important to remain silent at this point, allow a trusted criminal lawyer to arrange a turn into the jail at a time that is convenient to you, and to also appear at your bond setting to ensure that you get the lowest bond possible.

You should never violate a no-contact condition of bond, even if you are being contacted by the alleged victim seeking to drop the charges. Immediately contact a trusted criminal lawyer and they, once retained, can reach out on your behalf to your alleged victim to see what their position is on the case. If they wish to drop the charges, we can take an affidavit from the alleged victim and present it to the prosecution to facilitate the case being dismissed.

Typically, a minor needs a parent or guardian present for getting a lawyer involved. Most juvenile offenses occur in family court and create unique challenges that can result in serious life-long consequences. The potential for harsh consequences is why it is important to have a criminal defense attorney, as well as a parent or guardian, involved throughout the process.

Even though a juvenile’s case will most likely be handled in family court where their record is sealed, it is important to hire an experienced criminal defense lawyer to prevent collateral consequences that can arise out of a conviction in family court.

No. Legal fees are determined on a case-by-case basis. However, it is common to be allowed to put down a substantial retainer and then pay the remaining balance on a month-to-month basis. Because the total cost of representation and the payment plan is fact-specific, we will need to conduct a consult to determine a client’s exact legal fee and payment structure.

The Shealey Law Firm is licensed to practice law in both SC state and federal courts. The Shealey Law Firm is able to take any case where there are charges on the state or federal level. Also, our team is licensed to practice in the United States Court of Appeals and Supreme Court.

Yes! The Shealey Law Firm maintains a statewide practice and will travel anywhere in South Carolina to represent a client.

The Shealey Law Firm would actually prefer to represent a client on all of his/her criminal charges in which they are facing. This is because it is more beneficial for us and to the client for one team to be in control of the client’s defense across the board.

No matter the jurisdiction, this allows for us to have the most comprehensive view of the case and maintain full control over the situation, thus allowing for more legal leverage.

Yes! The term ‘misdemeanor’ is a little misleading because it leads people to believe the charges are minor. Some misdemeanors, such as DUIs, can have long-lasting consequences.

In South Carolina, some common law misdemeanors can carry up to 10 years in prison, even though they are technically labeled as misdemeanors. Whether it be a misdemeanor or felony, you must consider hiring an attorney well-versed in criminal law.

No. You do not have to wait until you are charged to hire an experienced criminal defense attorney. In fact, it is often in your best interest to contact an attorney as soon as you might suspect you will be charged or investigated. Hiring us before you are charged allows the Shealey Law Firm to directly deal with law enforcement so you do not subject yourself to questioning and/or interrogation. This allows us to get an early grip on the investigation so we can best prevent a criminal charge.

Additionally, if there is a warrant that already exists and you hire the Shealey Law Firm, we can coordinate your turn-in in a safe and efficient manner. This allows us to be there at the first critical stage of your case, the bond hearing.

It is always best to hire a criminal defense attorney that is licensed to practice in South Carolina and also does so regularly. You want a criminal defense attorney that is well-versed and familiar with the local prosecutors, law enforcement and local legal landscape.

While it is always best to hire a criminal defense attorney as soon as possible, we frequently get retained in later stages of the case. This is still fine as long as we can prioritize the legal objectives necessary to have a successful outcome.

Once we are hired, the first step is to get discovery and, once received, we will perform a legal analysis and conduct a legal investigation as necessary to achieve the desirable outcome.

We have also gotten involved right before trial. Nothing is more stressful for a client than being faced with an imminent trial and not being happy with their current representation.

We are frequently sought after and consulted with when trial seems a true reality and a client is often looking for the most experienced and trustworthy criminal defense team to represent them for their day in court. This is generally not the best practice, but it is better to have an experienced team on your side late in the game rather than not at all.

No. However, it is always a possibility. All of our clients have a right to trial and to a speedy trial. We always try to use our experience, knowledge of law, and knowledge of the local prosecutor’s office and law enforcement to avoid the risk of trial but at the same time preparing every element of a case in case we have to conduct a trial on our client’s behalf.

Absolutely. We often will file a 1983 claim, false imprisonment and use of force against law enforcement. We will also bring a case stemming from a criminal incident if it lacked probable cause or there was use of excessive force by law enforcement. Often these are suits we bring after we get the criminal case dismissed.

Yes. We talk to family members of potential clients frequently. Often, a potential client’s family is the best to give general information on the client and the situation. After talking to the family, we will then meet with the incarcerated person. If the client is not incarcerated, we can meet all together so long as the client is comfortable.

We would prefer to have in-person client meetings in the jail so we do not waive attorney-client privileges by speaking to the client since calls from the jail are recorded. Attorneys that accept phone calls from jail clients waive this privilege. We also can communicate via official legal correspondence.

It is possible — and at the Shealey Law Firm, it is a standard. We are structured to tackle all of our cases as a legal defense team. You are never getting just one attorney. You are getting a wealth of experience from a team of criminal defense lawyers and staff.

Sometimes it is helpful if a victim hires a lawyer if they want his/her voice heard because they are trying to get the charges dropped. They can also hire a lawyer to represent their interests and oftentimes it is the most effective way to voice concerns.

Normally, it would be unethical to represent co-defendants in a serious case as your defenses may not align and often co-defendants try to implicate each other. On rare occasions, defenses can align, but only so long as co-defendants sign a waiver allowing for co-representation.

Absolutely. You always have the right to hire the criminal defense attorney of your choosing. It is normal for our firm to get hired onto a case where representation began with the Public Defender’s Office. Once retained, we contact the public defender, relieve them of their representation, and begin working on your case.

We are well-versed in South Carolina’s expungement statute and we can help you navigate the process. Each client’s situation will be analyzed on a case-by-case basis to see whether the expungement statute can apply and how. Everything depends on the seriousness of your convictions, as well as the time frame between last and current convictions on your record.

You can only do PTI (Pre-Trial Intervention) once. To be eligible, you must have a qualifying offense per the Pre-Trial Intervention statute. You also typically need permission of the solicitor and/or victim in case.