Steps to Take if You Have Been Arrested

Were you arrested and charged with a crime in Columbia or elsewhere in South Carolina? You are innocent until proven guilty. However, you cannot rely on the criminal justice system to exonerate you on its own. It is imperative that you take a proactive approach. Here, our Columbia criminal defense attorney highlights the steps to take if you have been arrested in South Carolina.

Step #1: Exercise Your Right to Remain Silent

After an arrest in Columbia or anywhere in South Carolina, the most important step you can take is to exercise your constitutional right to remain silent. Under the Fifth Amendment to the U.S. Constitution and S.C. Code Ann. § 17-23-50, you are not required to answer questions that may incriminate you. Here is the key point to remember: Anything you say can and will be used against you by prosecutors. You should avoid discussing the case with police officers, investigators, or even acquaintances until you have professional legal representation.

Step #2: Understand the Specific Criminal Charges

It is crucial to understand the exact nature of the charges you are facing. In South Carolina, criminal offenses range from misdemeanors, which may carry up to 30 days in jail, to felonies, which can result in years of imprisonment. Each charge has unique statutory elements that the prosecution must prove beyond a reasonable doubt. Take the time to review the exact nature of the charges that are being alleged. Only then will you be in the best position to start raising a defense.

Step #3: Consult With a Columbia Defense Attorney

You do not have to take on the criminal justice process alone. The right attorney can make a big difference. Indeed, the sooner you consult with a Columbia criminal defense attorney, the stronger your position will be. Remember, South Carolina prosecutors work quickly to build their cases, and you need someone equally committed to protecting your rights. An experienced Columbia defense lawyer can evaluate the case, answer your questions, review the evidence, ensure that your constitutional rights were not violated, and develop a plan of action.

Step #4: Prepare a Defense Strategy

The right defense strategy in a criminal case in South Carolina depends on the specific circumstances. There is no “one-size-fits-all” approach. No matter what you find yourself dealing with, an experienced Columbia, SC defense lawyer can help you determine the most sensible and effective defense strategy. In some cases, criminal charges need to be fought aggressively. In other cases, the best approach is to work toward a favorable plea agreement. It always depends.

We are Leaders in Criminal Defense in Columbia, South Carolina

At the Law Office of Jonathan M. Harvey, our South Carolina criminal defense attorney has the professional experience that you can trust in tough cases. If you or your loved one was arrested, please do not hesitate to contact us for a completely confidential case review. We defend criminal charges in Columbia and throughout South Carolina.