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You have important rights when you interact with law enforcement. This includes when you are placed under arrest.
Shealey Law Firm explains what your rights are when arrested in South Carolina.
10 Rights You Have When Arrested in South Carolina
- The Right to Remain Silent
The Fifth Amendment is your right to not be a witness against yourself. This right starts from the moment you’re in custody. Law enforcement should recite your Miranda Rights, or a brief statement of your right to remain silent and avoid self-incrimination. You can – and should – refuse to speak until you consult with your attorney.
- The Right to an Attorney – From Your First Hearing
You may hire the lawyer of your choice, who can be present from your first court appearance. You should never face a criminal charge without exercising your right to an attorney.
Your right to an attorney doesn’t always necessarily mean the right to a court-appointed attorney. For the right to appointed counsel, the case must be likely to result in jail time, and you must be unable to afford your own attorney.
- The Right to Present a Defense
You have the right to present a defense to the charges against you. That means calling witnesses, cross-examining state witnesses, and making arguments against the charges.
- The Right to Testify in your Own Defense
Along with your right to present a defense, you may testify on your own behalf. Sometimes, testifying is important, and other times, it is not a good idea. When Shealey Law Firm represents you, we prepare with you for your day in court.
- The Right to a Trial
An arraignment is a court hearing where you’re told of the charges against you. You have the right to plead guilty or not guilty; you also have the right to fair legal proceedings, known as due process. You may choose to take your case to trial, and the trial must be conducted fairly. The judge may not be biased against you.
- The Right to a Speedy Trial
If you’re facing criminal charges, you have the right to a trial in a reasonable period of time. Case delays can prevent someone from rightfully defending themselves. Delays can cause problems related to being publicly accused of a crime. There’s no set number of days regarding speedy trial rights for South Carolina state criminal charges, except that the conduct of both sides may be relevant to determining whether the right to a speedy trial has been violated.
- The Right to Release While the Case is Pending
When you’ve been arrested in South Carolina, you have the right to be released while you await further court dates, except for capital offenses. The court may place conditions on release including requiring the person to post a bond.
You have the right to be brought before the court in a timely manner; for bailable offenses, that’s within 24 hours. Once you’re granted bond, you must be released within four hours of the bond being delivered to the jail.
- The Right to Notice of the Charges Against You
To fairly defend yourself from the charges, you must know what they are. Notice of the allegations against you is part of your due process rights.
- The Right to Fair Treatment while Incarcerated
When you’re under arrest in South Carolina, you have the right to fair treatment. That means free speech, exercising your religion, and access to your lawyer. You have the right to reasonable bedding, meals, water, and sanitation.
- The Right to be Presumed Innocent
Being charged with a crime does not mean that you are guilty. Even if the charges against you are serious, you are presumed innocent until proven guilty.
Understanding Your Constitutional Rights During an Arrest
Your rights during an arrest come from multiple sources – the U.S. Constitution and Amendments, the South Carolina Constitution, state laws, and court interpretations of laws. You should always politely say that you want a lawyer, and refuse to answer additional questions.
Don’t resist the police, but exercise your right to remain silent. Contact a lawyer as soon as possible.
Your Right to Legal Representation: How to Request an Attorney
If the police ask you questions, politely say you want to contact your lawyer. You have the right to contact a lawyer from jail.
If you don’t have your attorney present for your initial court appearance, tell the judge or magistrate that you intend to hire a lawyer. Never wait to contact us after you have been arrested.
What to Do if Your Rights Are Violated
If your rights are violated, there are several remedies that may be appropriate. You may file a habeas corpus petition for release from custody. It may be appropriate to ask for evidence suppression, request a change in bond conditions, or ask for a reversal of your conviction. You may also have an independent claim against law enforcement for violation of your rights.
Contact a Lawyer
Have you been arrested? Contact Shealey Law Firm to talk to a lawyer. We can protect your rights and fight the charges against you.