What are Your Constitutional Rights After an Arrest in South Carolina?

by Michael L. Brown, JR. | Oct 1, 2019 | Criminal Defense

When you get arrested in South Carolina, the U.S. Constitution affords you a number of fundamental protections. Many of the Constitution’s protections apply prior to arrest as well. If you have been arrested for any alleged criminal offense in South Carolina, you need to understand how the Constitution protects you so that you can make informed decisions about your defense.

The U.S. Constitution Applies to State Criminal Cases Under the 14th Amendment

Although the Constitution is a federal document, its protections apply in federal and state criminal cases. This is due to the “Equal Protection Clause” in the 14th Amendment, which states:

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

In short, the 14th Amendment prohibits states from enacting laws that interfere with your rights under the various other provisions of the Constitution. If constitutional protection applies at the federal level, it applies at the state level as well.

7 Key Constitutional Protections for Criminal Suspects and Defendants in South Carolina

So, what protections are available to criminal suspects and defendants in South Carolina based on the Equal Protection Clause? While the list is long, some of the most important constitutional protections in criminal cases include:

1. Fourth Amendment Protection Against Unreasonable Searches and Seizures

Under the Fourth Amendment, all people are entitled to be “secure . . . against unreasonable searches and seizures.” This protection has been interpreted to require the police to have “reasonable suspicion” in order to conduct a stop and to require “probable cause” before the police can make an arrest. It also requires the police to obtain a warrant based on probable cause prior to conducting a search or seizure unless the circumstances justify warrantless action.

2. Fifth Amendment Protection Against Self-Incrimination

The Fifth Amendment states that no person “shall be compelled in any criminal case to be a witness against himself.” This is what is commonly known as the privilege against self-incrimination. While the police can require you to identify yourself during a stop or arrest, they cannot require you to say anything that can be used against you in court. The privilege against self-incrimination is among the various protections incorporated into the Miranda warning, which the police must provide prior to questioning a suspect in custody.

3. Fifth Amendment Protection Against Double Jeopardy

The Fifth Amendment is also the source of the protection against double jeopardy. While it is possible to face prosecution twice in the event of a mistrial, if you are acquitted of a crime, you cannot be prosecuted again for the same charge based on the same underlying events.

4. Sixth Amendment Protection Against Surprise Charges and Evidence

As a criminal defendant in South Carolina, you have the right to be notified of the charges against you, and you are entitled to be made aware of the evidence the prosecution intends to use against you at trial. If prosecutors present surprise evidence at trial, this may constitute a violation of your Sixth Amendment rights.

5. Sixth Amendment Right to Assistance of Counsel

Perhaps the single-most-important protection afforded to criminal defendants is the right to be represented by an attorney. The Sixth Amendment states: “In all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his [or her] defense.” Once you have been accused of a crime, you are entitled to legal representation during police interrogations, during court proceedings, and in private.

6. Sixth Amendment Right to a Speedy and Public Trial

The Sixth Amendment also entitles all criminal defendants to a “speedy and public trial.” While this does not mean that you must be tried immediately (nor do you want to face an immediate trial before you have the opportunity to build a defense), if your trial is unreasonably delayed to your detriment, then you may have grounds to assert a Sixth Amendment violation.

7. Article 1, Section 10 Prohibition on Ex Post Facto Laws

An ex post facto law is one that imposes criminal penalties for an act that was not illegal at the time it was committed. For example, if you sold a drug that was not illegal when you sold it but then South Carolina enacted a law criminalizing the drug, you could not be prosecuted under the new law. While this is a relatively straightforward example, some cases are far more complex, and ex post facto law enforcement can be an issue under a variety of different circumstances.

Asserting Your Constitutional Rights During Your South Carolina Criminal Case

What if the police or prosecutors violated your constitutional rights? For example, if the police stopped you without probable cause or failed to read your Miranda rights before conducting custodial interrogation, what does this mean for your criminal case?

While each case requires its own unique analysis, the general rule is this: If the government obtained evidence in violation of your constitutional rights, then this evidence cannot be used against you.

This is true not only with regard to any evidence obtained directly as a result of the violation (i.e. your confession in police custody or evidence seized during a warrantless search) but also for any additional evidence obtained using unconstitutionally-obtained evidence. For example, if the police illegally searched you and found a key to a safe or storage locker, then any evidence collected from the safe or storage locker may be legally inadmissible. If the government’s evidence is not admissible in court, then the prosecutors won’t be able to prove your guilt beyond a reasonable doubt.

Speak with Criminal Lawyers in Rock Hill, SC

If you are facing a criminal charge in South Carolina, it is important that you speak with a defense lawyer as soon as possible. To request a confidential initial consultation with one of our Rock Hill, SC criminal lawyers, call us at 803-328-8822 or tell us how to reach you online now.

7 Mistakes to Avoid After a DUI Arrest in South Carolina

by Michael L. Brown, JR. | Sep 1, 2019 | Criminal Defense

A DUI is a serious criminal charge in South Carolina. Depending on whether this is your first offense or you already have a DUI (or multiple DUIs) on your record, you could be facing hundreds or thousands of dollars in fines and anywhere from 48 hours to five years in jail. You could lose your driving privileges and face other penalties as well, and then there are practical consequences such as finding it difficult to land (or keep) a decent-paying job.

With these penalties and consequences in mind, if you have been arrested for DUI in South Carolina, there are both steps you need to take and mistakes you need to avoid. Here are seven critical mistakes that could make it more difficult to avoid conviction and/or mitigate the consequences of your South Carolina DUI:

Mistake #1: Refusing the Breath Test

It’s too late to fix this one; but, if you refused to take a breath test, this could create a couple of issues in your DUI case.

First, your refusal to submit to the breathalyzer can be used against you in court. While the prosecutors won’t have your blood alcohol concentration (BAC) to use as evidence, they will be able to argue that your refusal indicates you knew you were drunk at the time of your arrest. While there are ways to overcome this presumption, your decision to refuse the breath test could mean you are facing an uphill battle.

Second, if you improperly refused the breath test, you could be punished for violating South Carolina’s implied consent law. An implied consent violation (or “DUI refusal”) can lead to a driver’s license suspension even if you were not actually driving under the influence. In other words, in order to protect your driving privileges, you will need to defend yourself against two separate charges during your case.

Mistake #2: Talking to the Police

When you get arrested, you need to exercise your right to remain silent. Do not answer any questions (other than to identify yourself, as is required by law during a traffic stop), and do not volunteer any information. Anything you say will only be used against you (yes, this is actually true in real life—it’s not just something they say in movies), and you cannot be forced to make any statements that implicate you in a crime.

This is the point at which you should seek legal representation. To the extent that anything needs to be said to the police or the prosecutor’s office, your attorney can say it on your behalf. Not only will this help you avoid saying something you shouldn’t, but it will also allow your attorney to begin steering your case toward a favorable resolution.

Mistake #3: Asking a Friend or Family Member What You Should Do

If you have a friend or family who has experience dealing with South Carolina’s judicial system, it may seem like a good idea to ask him or her for tips about handling your case. After all, what’s the harm in getting some free advice from someone who’s been in your situation before?

Unless your friend or family member is a criminal defense lawyer, there are a number of reasons why this isn’t the best idea. For one, South Carolina’s criminal laws (and the federal constitutional principles that apply in state DUI cases) are complicated, and there is a good chance that, while well-meaning, your friend’s or family member’s advice will be incorrect. For another, the facts of your case are unique to you, and what made sense in your friend or family member’s situation may not make sense for you.

Mistake #4: Waiting Too Long to Speak with an Attorney

As we mentioned above, once you get arrested for DUI, you should speak with a DUI attorney as soon as possible to ensure that you don’t make mistakes when dealing with the authorities. But, there are other reasons why you should contact an attorney right away as well.

In order to restore your driving privileges while your case is pending, you will need to challenge your driver’s license suspension in an administrative hearing. You must request this hearing well before your DUI trial. Seeking legal representation promptly will also give your attorney time to build the strongest possible case for a “not guilty” verdict or a favorable pre-trial resolution.

Mistake #5: Getting Arrested for DUI Again

While your DUI case is pending, you do not want to get arrested for DUI again. This may sound obvious, but it is a mistake that people make all too often. You must also avoid getting pulled over while driving on a suspended license. A subsequent arrest will put you at risk for substantial penalties, and it won’t put you in good standing with the judge who is presiding over your current DUI case.

Mistake #6: Assuming You are Innocent

Regardless of the circumstances of your case, you cannot afford to assume that your DUI charge will be dropped. With all that is at stake, you need to take your case extremely seriously, and this means fighting your charge by all means available. If you get complacent, if you assume that you can’t be convicted because the police didn’t read your Miranda rights or you blew below a 0.08 BAC, or if you decide that you don’t need an attorney, you could find yourself facing a lifetime of consequences.

Mistake #7: Assuming You are Guilty

At the same time, you also need to avoid assuming that you are guilty. Even if you have no doubt that your BAC was above the legal limit when the police stopped you, you could still have defenses available. From questioning the reliability of your breath test results to arguing that the police stopped you without reasonable suspicion, there are multiple ways to defend against a DUI charge even if you were drunk at the time of your arrest.

For Free Consultation Speak with Criminal Defense Lawyer in Rock Hill, SC

Are you facing a DUI charge in Rock Hill, SC or the surrounding areas? If so, we encourage you to contact us immediately to discuss your case. To speak with an experienced DUI lawyer in confidence, call 803-328-8822 or request an appointment online now.

What are the Penalties for Felonies and Misdemeanors in South Carolina?

by Michael L. Brown, JR. | Aug 1, 2019 | Criminal Defense

If you have been charged with a crime in South Carolina, one of the most important things you need to know is how much jail or prison time is on the table. However, this can also be one of the most difficult pieces of information to find. Section 16-1-10 of the South Carolina Code of Laws establishes seven classes of felonies and three classes of misdemeanors (each with its own prescribed maximum term of incarceration); but, several crimes fall outside of this classification system, and individual criminal statutes may impose fines and other additional penalties as well.

Prison Time for Felonies in Class A Through Class F

In general terms, a crime is classified as a felony if it carries the potential for more than a year of prison time (although, as discussed below, certain misdemeanors carry the potential for more than a year of imprisonment as well). However, South Carolina has some of the most punitive criminal laws in the country, and several classified offenses carry the potential for decades of imprisonment. Under Section 16-1-20 of the South Carolina Code of Laws, the maximum prison sentences for Class A through Class F felonies are as follows:

Class A Felony(examples include voluntary manslaughter, attempted murder, first-degree criminal sexual conduct, conspiracy to commit kidnapping, and carjacking resulting in great bodily injury) – Up to 30 years.
Class B Felony(examples include second-degree arson, certain drug trafficking crimes, causing great bodily injury while under the influence of alcohol or drugs, and causing an explosion by means of a destructive device) – Up to 25 years.
Class C Felony(examples include second-degree criminal sexual conduct, carjacking, attempted armed robbery, domestic violence of a high and aggressive nature, certain drug trafficking crimes, and administering or attempting to administer poison) –Up to 20 years.
Class D Felony(examples include third-degree criminal sexual conduct with a minor, abuse or neglect of a vulnerable adult resulting in great bodily injury, stalking within 10 years of a prior conviction, third-degree arson, and second-degree burglary) – Up to 15 years.
Class E Felony(examples include bribing a public employee or official, first-degree assault and battery, third-degree criminal sexual conduct, resisting arrest with a deadly weapon, and shoplifting involving $10,000 or more in value) –Up to 10 years.
Class F Felony(examples include intentionally using false documents in connection with public employment or to obtain a public benefit, willful attempted tax evasion, involuntary manslaughter, abuse or neglect of a vulnerable adult, and malicious injury to animals or personal property (value over $2,000 up to $10,000) – Up to five years.

Jail Time for Class A, Class B, and Class C Misdemeanors

Unlike most other states, South Carolina allows for the punishment of certain misdemeanors by more than one year of incarceration. The maximum jail sentences for misdemeanors in South Carolina are:

Class A Misdemeanor(examples include tampering with voting machines, voter impersonation, certain drug possession crimes, third-time DUI, third-time driving on a suspended license, and negligent use of firearms resulting in death)) – Up to three years.
Class B Misdemeanor (examples include drawing a fraudulent check for $5,000 or less, unlawful storage of alcohol in a place of business, third-time unlawful sale of alcohol, cruelty to animals in one’s possession, and trespassing on state park property) – Up to two years.
Class C Misdemeanor (examples include unlawful disclosure of confidential information, fraudulent voting or voter registration, failure to report abuse or neglect of a vulnerable adult, and unlawful betting) – Up to one year.

Examples of Prison Sentences for “Exempt” Felonies

Several felony offenses are “exempt” from the classifications listed above. For each of these crimes, the maximum prison sentence is either (i) specified in the statute outlining the offense, or (ii) 10 years. South Carolina also imposes the death penalty for capital murder. Examples of exempt felonies (and their potential penalties) include:

Possessing marijuana or other controlled substances without appropriate stamps – Up to five years in prison, a $10,000 fine, and double the tax owed.
Murder – 30 years to life in prison or the death penalty.
First-degree criminal sexual conduct with a minor – A minimum 25-year prison sentence without eligibility for probation, or life in prison.
First–degree burglary – 15 years to life in prison.
Failure to register as a sex offender (third offense) – A mandatory five-year prison sentence with three years of ineligibility for probation.

Fines and Other Sentences for Criminal Convictions in South Carolina

In addition to the terms of imprisonment listed above, many classified felonies and misdemeanors carry fines and other penalties. For example, individuals charged with misdemeanor and felony DUI offenses can face substantial fines, driver’s license suspension, mandatory installation of an ignition interlock device, mandatory alcohol education, and other penalties. Many sex crimes in South Carolina carry the potential for fines, sex offender registration, and other penalties as well.

Factors that Can Determine the Potential Penalties in a South Carolina Criminal Case

In many cases, the classification of a criminal offense will depend on the specific facts and circumstances involved. This includes facts related to the alleged crime as well as the defendant’s criminal history. For example, factors that can heighten a crime’s classification and increase the potential penalties include:

Whether the alleged criminal act resulted in injury or death.
Whether the alleged criminal act involved the use of a firearm or other deadly weapon.
Whether the alleged criminal act targeted a minor or a vulnerable adult.
The number of drugs or money involved.
The defendant’s criminal history, particularly any prior convictions for the same crime.

Regardless of the penalties that are on the table, if you have been charged with a crime in South Carolina, you need experienced legal representation. In order to give yourself the best chance to assert the strongest possible defense, you should schedule a free initial consultation as soon as possible.

Schedule a Free Initial Consultation in Rock Hill, SC

If you have been charged with a crime in Rock Hill, SC, our criminal lawyers can fight to protect your freedom. To get started with a confidential initial consultation, call us at 803-328-8822 or request an appointment online now.

5 Ways to Avoid a Holiday DUI Charge

by Michael L. Brown, JR. | Dec 17, 2018 | Criminal Defense

The holidays are the perfect time to celebrate with friends and family. However, those celebrations mean the number of DUIs increase around this time of year, causing trouble instead of cheer for many people. Michael L. Brown, our criminal law attorney, wants to help your season stay as merry as possible. Here are five tips for avoiding a holiday DUI charge:

Don’t drive – Drinking and driving is against the law. Don’t do it and you won’t get a DUI.
Ask a friend for a ride or get a cab – If you’re going to a party with friends or family, have a designated driver. If this doesn’t work out, call a taxi or ridesharing service. The fare you’ll pay is well worth the price of safety.
Stay and sleep over – If you’ve had too much to drink, ask your host if you can stay over. Crash on the couch, sleep on the floor, stay in a guest room – these are all better choices than getting a DUI.
Book a nearby room – If you can’t stay at your host’s home, don’t stress. Instead, see if you can get a room at a nearby hotel.
Party at home – Another great alternative for avoiding a DUI is to host the party yourself. Of course, you’ll need to monitor your guests’ drinking and make sure they’re safe to get behind the wheel.

Schedule Free Consultation with Rock Hill, SC DUI Lawyer at Law Offices of Michael L. Brown, Jr

Don’t hesitate to contact a DUI defense lawyer if you’re facing a DUI charge. Call our Rock Hill, SC DUI lawyer the Law Offices of Michael L. Brown, Jr. to get the legal assistance you need.

3 Questions to Ask a Criminal Lawyer

by Michael L. Brown, JR. | Nov 28, 2018 | Criminal Defense

Working with a criminal lawyer is necessary if you want to get the best outcome in your court case. But before you hire an attorney, you’ll need to make sure you’re working with the right person. Preparation is key, especially for your very first meeting. Here are three questions you should ask any criminal lawyer according to the Law Offices of Michael L. Brown, Jr.

Question 1: Does your firm handle a large number of criminal law cases?

Any attorney you choose to work with should be familiar with this area of the law. Ask about the number of criminal cases the law firm handles in a year. What percentage of their caseload falls under the category of criminal law?

Question 2: What is your case success rate?

Lawyers can tell you that they’re successful, but what do the statistics say? How many defendants have been acquitted? How many have had the best outcomes in their cases – and how many have had the worst? Ask specifically about cases involving criminal charges that are similar to yours.

Question 3: What is the best-case scenario – and what should I expect?

While no criminal defense attorney can guarantee the outcome of a case, they can tell you what the best-case scenario is for your particular set of circumstances. They should give you hope while managing your expectations.

A criminal lawyer can help you fight your criminal offense. Call 8033288822 the criminal attorneys at the Law Offices of Michael L. Brown, Jr. to learn more.

Should You Hire a Criminal Lawyer?

by Michael L. Brown, JR. | Nov 13, 2018 | Criminal Defense

When you’re facing a legal problem, it’s important to have the right people on your side. This is especially true when you’re dealing with a criminal law matter. But how important is it to hire an attorney who spends the majority of their time on these types of cases? The Law Offices of Michael L. Brown, Jr. wants you to consider the following things when deciding whether to reach out to a criminal attorney.

Consider the charges you’re facing

If you’ve been charged with a crime, then you should almost always consult with an attorney. Legal matters can often be confusing, especially when multiple charges are involved. However, not every lawyer has handled a large volume of criminal cases. Those who have may be able to anticipate different scenarios for your particular situation.

Understand the severity of criminal offenses

While all criminal offenses should be taken seriously, some carry more severe penalties than others. Working with a criminal lawyer is your best chance to minimize the impact your charges will have on your future.

Contact a criminal lawyer at your earliest convenience

Reach out to a criminal law attorney as soon as you can. You’ll need their professional guidance as your case makes its way through the criminal justice system.

If you need the services of a criminal lawyer in South Carolina, contact the Law Offices of Michael L. Brown, Jr.

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