What Are My Rights When I Am Arrested?

If you are arrested in South Carolina, you have important constitutional rights that you shouldn’t lose sight of. The major points are that you have the right to remain silent and have the right to an attorney – both of which you should avail yourself of from the outset. If you’re facing a criminal charge, don’t wait to consult with an experienced criminal defense attorney in Conway, SC.

Your Right to Remain Silent

If you have ever watched a police procedural – and most of us have – you’ve heard the officer tell the accused that they have the right to remain silent, and you have the same right. Anyone who is arrested in South Carolina or anywhere else in the United States has the right to remain silent, which means refusing to make a statement to the police – other than providing basic identifying information – and refusing to answer any questions the police ask you. This is addressed by the federal government’s Miranda Requirements.

Wait until You’ve Consulted with an Attorney

While you may make a statement and may answer questions at another time, you shouldn’t do so before consulting with a trusted criminal defense attorney. The police are trained interviewers, and their goal is tripping you up, which can hint at guilt or can directly support a finding of guilt. The stress of being questioned by the authorities can leave you rattled, which can directly influence what you have to say and can lead to a vicious snowball effect.

Follow through by Remaining Silent

If you have been charged with a crime, it’s important to not only invoke your right to remain silent but also to refrain from doing any additional talking. Ultimately, anything you do say can be used against you, which makes it in your best interest to hold your tongue until you have skilled legal guidance on your side.

Your Right to Legal Counsel

You also have the right to an attorney, and these two primary rights are best invoked together. You should let the police know that you won’t be answering questions and that you want an attorney from the outset. At this point, you’re covering your primary rights, which can make a significant difference in the outcome of your claim.

Your attorney will ably handle all the following primary tasks:

• Gathering all the available evidence, including any exculpatory evidence – or evidence that supports your innocence – that the authorities may have
• Using this evidence to build your strongest defense and thus making it more difficult for the prosecution to prove your guilt beyond a reasonable doubt
• Helping you navigate the legal process and helping you avoid common pitfalls that can go on to damage your defense
• Skillfully negotiating with the prosecution for a favorable case resolution
• Carefully prepare to take your case to trial in the event that doing so is your best option

An Experienced Conway, SC, Criminal Defense Attorney Is Standing By to Help

The accomplished Conway, SC, criminal defense attorneys at the Law Offices of L. Morgan Martin, P.A., have a long and impressive track record of skillfully protecting the rights of clients like you. We are on your side and here to help, so please don’t wait to contact us online or call 843-248-3177 for more information today.