Will Self-Defense Work in Your Case?

Will Self-Defense Work in Your Case?

Lots of people claim that self-defense applies to their criminal cases. However, a criminal lawyer will tell you that there are many factors that define what self-defense actually means. The South Carolina criminal defense attorneys at the Law Offices of Michael L. Brown, Jr. want you to understand more about this subject.

  • Evidence – In South Carolina, you’re entitled to claim self-defense if you have sufficient evidence to prove that this is what actually happened.
  • Circumstances – You’ll need to prove that you weren’t at fault for the incident, that you acted out of fear-based on an indication of harm or danger to yourself or others, and that there was no other way to avoid this possible danger. You’ll also need to be able to show that another person would’ve taken similar actions if they were in your position.
  • Legal assistance – A criminal lawyer will help you determine if this claim applies to your case. Thorough knowledge of the law is critical in all criminal cases, but especially in those involving self-defense.

Speak with a Rock Hill, SC Criminal Lawyer in Confidence At The Law Offices of Michael L. Brown, Jr.

When you need a criminal lawyer, schedule a consultation with the Law Offices of Michael L. Brown, Jr. We’ll help you determine to take the best course of action to take for your particular circumstances.

4 Types of Bail Bonds in Rock Hill, South Carolina

4 Types of Bail Bonds in Rock Hill, South Carolina

Bail bonds provide a way for criminal defendants to get out of jail if they don’t have all of the money they need to pay for bail. But before you call a bail bondsman, it’s important that you have a clear understanding of the different types of bonds that are available. Michael L. Brown, a criminal defense lawyer in Rock Hill, SC, wants you to know about the following four types of bail bonds:

#1 Personal Recognizance Bond

These bonds are mainly used for people who’ve been charged with minor criminal offenses. A judge can release a person on one of these bonds, but they must find that the defendant is not a threat to the general public. Although they don’t require money to get out of jail, the defendant must agree to appear for trial.

#2 Surety Bond

These bonds require a bail bond company to pay if the defendant violates the terms of the bond. While this tends to be the most common type of bond, non-refundable fees are required (typically 10% of the bond amount).

#3 Cash Bond

With a cash bond, the entire amount of the loaned bond money will be deposited with a court clerk. Whoever provided the money can get the money back at the end of the case, granted that the defendant does not violate the bail agreement.

#4 Cash Percentage of Bond

This is similar to the cash bond, except that only 10% is given to the court clerk. If the defendant complies with the bail requirements, then the money can be returned at the end of the trial. Should the defendant violate the bail agreement, then the state is allowed to seize property that will cover the entire amount.

Contact Our Criminal Lawyers At The Law Offices Of Michael L. Brown, Jr. For A Free Consultation In Rock Hill, SC

Do you need a criminal lawyer in Rock Hill, SC to help you with your case? Contact the Law Offices of Michael L. Brown, Jr. to schedule a consultation.

Bail & Bond: What’s the Difference?

Bail & Bond: What’s the Difference?

If you or a loved one are facing criminal charges, there are many terms you’ll need to learn.  For example, bail and bond are two words that are often confused. However, there are some significant differences. Michael L. Brown, a criminal attorney in Rock Hill, SC, is here to explain.

What Is Bail?

Bail is a specified amount of money that a criminal defendant must pay in order to gain release. Either the defendant or the defendant’s family may pay the bail. However, defendants often don’t have the financial means to pay this sum of money.

What Is Bond?

When a defendant can’t pay bail, they can opt for a bond. This process involves trying to secure loaned money from a bail bond company. After securing collateral for a defendant’s loan (such as a car or house) along with a fee, the bail bondsman will pay the court. However, only a portion of the total bail amount is paid upfront. The bond company guarantees the remainder of the money should the defendant flee.

Speak With Our Criminal Attorney For A Free Consultation In Rock Hill, SC

When you need a criminal attorney in Rock Hill, SC to help you with everything related to a criminal charge, contact the Law Offices of Michael L. Brown, Jr. Request a consultation today to learn what our criminal defense lawyers can do.

How Is a Criminal Case Processed in the South Carolina Courts?

How Is a Criminal Case Processed in the South Carolina Courts?

When you’ve been charged with a crime, you have to deal with many things all at once. One of your chief concerns will be understanding how your criminal case will be processed through the South Carolina courts. The South Carolina criminal lawyers at the Law Offices of Michael L. Brown, Jr. are here to walk you through the steps.

Four Steps For Criminal Case Process in the South Carolina Courts

1. Jail and Bail

If you’re arrested for a crime, you’ll be taken to jail. If your charges don’t carry a life sentence, you’ll qualify for bail. Bail is set by the magistrate judge at the jail.

2. Motion filed

Next, your criminal lawyer will file a motion to the court. This motion will demand that the court require the law enforcement officers and solicitor to present the evidence against you. Once your criminal attorneys have the evidence in hand, they’ll be able to start building your case.

3. Court appearances

Your first court appearance will set the date for your case to be tried. The second court appearance is where you will enter a plea or state that you want your case to go to trial.

4. Final Disposition

Your criminal case will be concluded through either a dismissal of the charges, participation in a pre-trial intervention program, a guilty plea, or a trial.

Hiring a criminal defense attorney gives you the best chance at winning your case. The criminal lawyers at the Law Offices of Michael L. Brown, Jr. are here to guide you through the entire process. Request a consultation today by calling our Rock Hill, SC office.

What Is Self-Defense?

What Is Self-Defense?

Self-defense is a term you often hear in criminal cases. While it seems simple on the surface, the concept of self-defense is quite complex. The criminal lawyers at the Law Offices of Michael L. Brown, Jr. have an overview of what self-defense actually means.

A claim of self-defense is used when a defendant says they had to use excessive force to prevent another person from harming them. However, there are four factors that are typically used by the State to determine if such a claim is accurate. A criminal defense attorney will listen to your story and see how these questions apply to your case.

  1. Was the defendant without fault in the incident? This means that the defendant did not provoke the attack or threat.
  2. Was the defendant in imminent danger – or did they believe they were? If a person believes they were about to be hurt or killed and acted to prevent such an outcome, this could be grounds for self-defense.
  3. Would a reasonable individual in the same situation have come to the same conclusion? Determining that another person would’ve acted in the same manner gives validity to the claim that there was a reasonable belief of danger.
  4. Was there any other way to avoid the danger? If there was no reasonable way to escape the danger, it may help a self-defense claim stand up in court.

If you’ve been charged with a crime but believe you acted in self-defense, hire Rock Hill, SC criminal lawyers who will fight for your rights. Request a consultation with the Law Offices of Michael L. Brown, Jr. in Rock Hill, SC.

An Overview of Murder Laws in South Carolina

An Overview of Murder Laws in South Carolina

There are nuances to every area of the law. This is especially true for criminal law, particularly as it relates to murder charges. If you or a loved one are charged with such a crime, you may hear words like malice (doing a wrongful act without excuse or cause) or aforethought (the actual time the wrongful deed is thought through). These aren’t just legalese. In fact, they can make a difference in determining the severity of the legal charges that are brought forth. There are other basics you need to know if you find yourself in this situation. The criminal lawyers in Rock Hill, SC at the Law Office of Michael L. Brown, Jr. want to give you a brief overview of South Carolina’s murder laws:

  • Sentencing – South Carolina law states that the penalty for a murder conviction or guilty plea is 30 years to life in prison. The State may also seek the death penalty.
  • Defense – Your criminal defense attorney may use a variety of techniques as they fight for you. These include the “stand your ground” defense, that the incident was an accident or involved self-defense, or that your innocence can be proven with an alibi.
  • Wrongful charges – If you’re wrongfully charged with murder, it’s critically important that you find a criminal attorney near you to handle your case. Our staff handles many criminal law cases and we’ll fight to clear your name.

When you need a criminal attorney in Rock Hill, SC to handle your case, call Michael L. Brown, Jr. Attorney at Law for guidance. Request a consultation today.