What Are Your Rights After an Arrest in South Carolina?
From the moment you’re taken into custody, you have legal protections that the justice system must respect. From the right to remain silent to the right to be informed of the charges, these protections affect what happens after an arrest.
Knowing what those rights are helps you respond appropriately to the allegations against you. At The Law Office of Jonathan M. Harvey, we’re committed to protecting the rights of people facing criminal charges in Columbia, SC. Below, we’ll explain several rights that apply after an arrest.
Your Right to Know Why You Were Arrested
In South Carolina, a person who is arrested is entitled to be informed of the reason for the arrest and the charges being alleged.
The law places clear obligations on the arresting officers. Upon request, an officer must disclose the grounds for the arrest and, when applicable, produce the arrest warrant within a reasonable time. The law also provides penalties for officers who knowingly refuse to provide this information or who provide false information about the basis for an arrest.
Your Right to Remain Silent
After an arrest, you have the right to remain silent and decline to answer questions. The Fifth Amendment protects individuals from being compelled to incriminate themselves, and that protection continues after a person has been taken into custody.
Before conducting a custodial interrogation, officers are required to advise you of your Miranda rights. These warnings inform you that you have the right to remain silent and the right to have an attorney present during questioning.
Statements made to law enforcement can become evidence in a criminal case. For that reason, it’s advisable to speak with an attorney before answering questions about the allegations.
Your Right to an Attorney
The right to legal representation is protected by both the United States Constitution and the South Carolina Constitution.An attorney can answer questions about the charges against you and your rights.
If you cannot afford one, South Carolina’s public defender system can provide a court-appointed lawyer during critical stages of the case.
Other Important Rights After Being Arrested
Beyond the rights discussed above, you also have the right to:
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Seek release while your case is pending. South Carolina law requires that an arrested person be brought before a judge within 24 hours for a bond hearing. During this hearing, the judge considers whether the person can be released and whether any conditions of release should apply.
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Be presumed innocent unless proven guilty. An arrest or criminal charge doesn’t mean that a person has been convicted of a crime.
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Receive a fair trial. Criminal defendants are entitled to fair legal proceedings and an impartial court.
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Present a defense to the charges. This includes the opportunity to challenge the prosecution’s evidence and present evidence on your own behalf.
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Question witnesses called by the prosecution. Defendants have the opportunity to challenge testimony presented against them through cross-examination.
Get the Legal Help You Deserve
The law provides important protections to people who have been arrested, and we work to protect those rights at every stage of the process.
At The Law Office of Jonathan M. Harvey, we represent people facing criminal charges in Columbia, SC. Visit our contact page to connect with our attorneys or call 803-779-3363 to discuss your situation.