Should I talk to law enforcement on my own?
Absolutely not. Law enforcement is trained to investigate and interrogate you, and they have the benefit of court decisions in their favor that make it even easier to coerce you into incriminating yourself, even if you are innocent. They are also trained on the exceptions to the protections and rights you have, so they can get you into trouble while wiggling out of it themselves. Sometimes, pressure from law enforcement can begin even before the first stop or arrest. Remember that you have the right to remain silent and the right to an attorney. Clearly state that you are demanding both rights when law enforcement approaches you and do not speak to law enforcement further without an attorney.
What should I do if I am contacted by an investigator asking me to come and give a statement to law enforcement?
Immediately contact a criminal defense lawyer before giving a statement to law enforcement. Even innocent people frequently make statements that make them look guilty when they are facing pressure from law enforcement. Often, enforcing your right to remain silent is the best course of action because everything you say can be used against you and law enforcement certainly will try. If law enforcement is seeking to interview you, you will not be able to avoid them indefinitely, so contact a criminal defense lawyer as soon as possible.
I haven’t been charged yet but fear that I will be soon. Should I wait to hire an attorney?
It is usually in your best interest to contact a criminal defense attorney as soon as you suspect that you are under investigation or may be charged. Retaining an attorney before you are charged allows your attorney to assist you through the investigation process so that you do not implicate yourself further. If you are charged, contacting an attorney early allows them to be knowledgeable and prepared for your critical first bond hearing.
What should I do if I learn that there is a warrant out for my arrest?
Immediately contact a criminal defense lawyer that you trust so that you can safely turn yourself in without getting in more trouble. Assert your right to remain silent and do not communicate with law enforcement. Allow your attorney to arrange a time to turn yourself in that is convenient for you, and have your attorney appear at your initial bond setting, which is critical to ensure that you get the lowest bond possible.
Do I need an attorney if I have been charged with only a misdemeanor?
If you have been charged with a crime, you need an attorney to defend you regardless of whether the charge is considered a felony or a misdemeanor. Many people believe that if a crime is labeled a misdemeanor, the charge must be minor. However, some misdemeanors in South Carolina carry serious prison time. Some misdemeanors, even ones that only carry the possibility of thirty days in jail, can have long-lasting consequences. For example, DUI, DUAC, or reckless driving can result in the suspension of your driver’s license and significant fines, and Shoplifting, Assault 3rd, DV 3rd, and Simple Possession of Marijuana have collateral consequences including enhancement provisions if you are ever arrested again.
Retain an attorney to defend you regardless of how simple or minor a criminal charge may first appear.
Do I need an attorney if I have been charged as a minor? Do I need to have a parent or guardian with me?
Although the criminal system for juveniles is supposed to be set up to provide as many opportunities and programs and as much assistance as possible before conviction, unfortunately, it doesn’t always work that way. Although a juvenile’s case is often sealed, there are serious collateral consequences that can be life-long.
Juvenile offenses pose unique challenges, partially because they are handled in Family Court rather than magistrates or General Sessions court. It is best to hire a criminal defense attorney who also has Family Court experience. It is also best to have a parent or guardian involved throughout the process.
I have multiple charges in different jurisdictions. Do I need to hire an attorney separately for each one?
Typically, it is best to have one attorney represent you on all of the charges you are currently facing. This allows the most comprehensive view of your situation and is beneficial for negotiations towards a global resolution.
There is a no-contact provision on my bond. The alleged victim in my case wishes to drop the charges. The alleged victim is contacting me first. The alleged victim says that they want to make up with me. Can I move back home if the alleged victim is still there? What should I do?
Never, ever, ever violate a no-contact provision of bond. “No contact” means no contact in person or through any means including calls, texts, emails, and even sending messages through third parties. Defendants have had their bond revoked for merely “liking” posts on an alleged victim’s social media.
It is vital to understand that a no-contact provision of a bond only affects you, and it does not prevent the alleged victim from attempting to contact you. Even if the alleged victim calls, texts, and messages you constantly, they are not violating any judge’s order, but you will be in violation the first time you respond. Your bond can be revoked even if the alleged victim is initiating the contact. Do not fall into this trap.
Contact a criminal defense attorney so that they can take immediate steps to facilitate determining the alleged victim’s position on the case and to present it to the prosecution if it is truly in your best interests.
Where should I hire an attorney?
If you have been charged with a crime in South Carolina, you need a criminal defense attorney that is not only licensed to practice in this state but that also does so regularly. Your attorney should be knowledgeable not only of the law but also of the local prosecutors, law enforcement, and judges. Typically, that means that hiring an attorney who practices locally in the county in which you have been charged is best.
Can I hire an attorney at any point in my case?
It is possible to retain a lawyer at any stage of the case, but the best outcomes are possible when you hire a criminal defense attorney as soon as possible. If you wait, you run the risk that there is no time to obtain your objectives if a deadline, such as a trial date, is looming.
Does every criminal case go to trial?
Very few criminal cases go to trial, but trial is always a possibility. A good criminal defense attorney will begin preparations to fight your case to the end of a trial as soon as they are retained. However, best practice is to advise you at every stage of the case and to use all of the experience and knowledge in the attorney’s tool box to avoid the risk of trial while getting you the best possible outcome.
Am I able to initiate a civil lawsuit stemming from the same incident that resulted in criminal charges?
Berry Law Office, Inc. does not file 1983 claims or suits against law enforcement or the prosecutor’s office for false imprisonment, use of force, lack of probable cause, or excessive force. However, Mrs. Berry maintains relationships with qualified, experienced attorneys who regularly bring such suits and will be happy to refer any meritorious cases.
Can I hire a criminal defense attorney for someone else accused of a crime?
Family members and friends are welcome to contact an attorney on behalf of someone else who has been accused. This frequently occurs in cases where the accused person is currently incarcerated. Berry Law Office, Inc. is always happy to receive information from concerned family and friends. However, please be mindful that due to attorney/client confidentiality, our office will never share information about a client or their case with a third party without the express permission of the client regardless of the relationship between the client and the third party.
Do you accept jail phone calls or make visits at the jail?
Whether Berry Law Office, Inc. is able to accept jail phone calls depends on the jurisdiction. Many jails in South Carolina still record phone conversations between attorneys and their clients, even when they are not supposed to. Speaking when we are being recorded can waive attorney/client privilege. We do communicate via whatever official legal correspondence a particular jail or prison has available. Additionally, we do make in-person visits and prefer those when possible.
Do I need a criminal attorney if I am the victim of a crime?
Usually, the victim of a crime does not need to hire an attorney. However, you may wish to hire an attorney to ensure that your voice is heard. It is important to consider that although a victim’s advocate from law enforcement or the solicitor’s office may discuss the case with you, their duty is owed to their office, not you. Further, the prosecuting attorney represents the State and its interests, not you. A victim may retain an attorney to represent their own interests, and this is often the most effective way to voice your concerns or to request your desired outcome from the judge or prosecutor.
I have co-defendants. Can we all hire the same criminal defense attorney?
On rare occasions, defenses can align and co-defendants can retain the same attorney after signing a waiver regarding any conflict of interest that may arise. However, because co-defendants often end up implicating each other to advance their own interests or because law enforcement is pitting them against each other, best practice is for each co-defendant to have his or her own attorney. Even when defenses initially align, circumstances may change and conflicts may arise. If so, sometimes the lawyer can no longer represent any of the co-defendants. Because of these significant risks, Berry Law Office, Inc. does not represent multiple co-defendants.
Can I do PTI again if I’ve already done it?
Unfortunately, Pre-Trial Intervention (PTI) can only be used once. There have been cases in which a person was able to complete PTI twice, usually once in summary court and then in General Sessions, but this is not typical. That generally occurs as a result of some error, such as a municipal court not correctly inputting a person’s information.
Because PTI can only be used once, it is important to contact a criminal defense attorney prior to applying for the program so that you do not burn your only “Get Out of Jail Free Card” on a case that should have been dismissed on other grounds.
Can you help me get a conviction off of my record?
Whether you qualify to have a conviction expunged depends on the seriousness of the convicted charge, the time elapsed since the conviction, and any new convictions you may have. Berry Law Office, Inc. would be happy to analyze your case and assist you with clearing your record.
Can you help me get off of the sex offender registry?
The law regarding the South Carolina Sex Offender Registry recently changed. Some people are now eligible to be removed from the registry and its requirements. Whether you qualify to be removed depends on the seriousness of the convicted charge, the time elapsed since the conviction, and any new convictions you may have. Berry Law Office, Inc. would be happy to analyze your case and assist you with the process of removal if you qualify.
