South Carolina Prison Protection Instances
QUESTION #1:What do you have to do if you’re being investigated by the federal or state police and/or have obtained a goal letter from the SC Legal professional Normal’s Workplace or United States Federal Authorities?ANSWER:Pre-Arrest Investigation by Police / Goal Letter from AG or Federal Authorities
If the police are investigating you for against the law or you will have obtained a goal letter from the Legal professional Normal’s workplace, it’s in your finest curiosity to satisfy with an legal professional to debate your authorized rights and choices.
It is a essential time in your case as a result of you haven’t been arrested and legislation enforcement is within the strategy of constructing its case towards you.
You need to search the recommendation of an skilled legal protection legal professional.
QUESTION #2:What occurs if you’re arrested?ANSWER:Arrested by Legislation Enforcement
The arresting officer will cost you with committing a felony and/or misdemeanor offense(s).
The arresting officer should inform you of the cost(s) for which you might be being arrested.
The arresting officer should learn the Miranda rights to you.
On the police division, you can be fingerprinted and have your mugshot photographed (generally it’s posted on-line).
Bond Listening to
In SC, you might be required to have a bond listening to inside 24 hours of your arrest.
A Justice of the Peace/Municipal judges normally preside over bond hearings.
The choose will consider two issues: whether or not the bond will moderately guarantee your look (i.e., stop you from operating away), and whether or not you might be an unreasonable hazard to the group.
The choose will set the quantity and situations of the bond.
When you violate any of the bond situations, the choose could revoke your bond and put you again in jail.
The choose will inform you of whether or not your cost(s) are in Normal Classes Courtroom or Justice of the Peace/Municipal Courtroom and the date of your first scheduled court docket look.
QUESTION #three:What’s the distinction between South Carolina Normal Classes Courtroom and Justice of the Peace/Municipal Courtroom?ANSWER:
Normal Classes Courtroom
Circuit Courtroom judges preside over felony and misdemeanor instances.
Penalties vary from a minimal of over 30 days and/or a $500 wonderful to a most of life imprisonment or the dying penalty.
Circuit Courtroom judges are licensed attorneys.
Justice of the Peace/Municipal Courts
Solely misdemeanor offenses.
Penalties vary from 30 days or much less (not more than 90 days for consecutive sentences) and/or a wonderful of as much as $500
Justice of the Peace/Municipal judges are usually not required to have a legislation license (i.e., be an legal professional).
QUESTION #four:What’s the distinction between a felony and a misdemeanor offense in South Carolina?ANSWER:Felony
Crimes with a minimal penalty of 1 yr in jail and a most of life imprisonment or the dying penalty.
Quite a few collateral penalties; for instance, an individual convicted of a felony is prohibited from possessing a gun or voting in an election.
Misdemeanor
Crimes with a minimal penalty of as much as 30 days in jail to a most penalty of ten years in jail for sure frequent legislation offenses.
QUESTION #5:What occurs after the bond listening to in South Carolina?ANSWER:Preliminary Listening to
In case you are charged with a case in Normal Classes Courtroom, you will have the correct to a preliminary listening to to problem whether or not there was possible trigger on your arrest.
You could request a preliminary listening to inside 10 days of the bond listening to.
First Look
Your first scheduled court docket look (aka Roll Name).
This court docket look must be scheduled inside 45 days of your arrest.
The process for this court docket date varies from county to county.
If you don’t seem in court docket, a choose will subject a bench warrant on your arrest.
Your lawyer may have the chance to talk with the solicitor about your case and can normally obtain the invention from the solicitor.
Second Look
The second scheduled court docket date to follow-up on the standing of your case.
This court docket look must be scheduled inside 120 days of arrest.
The process for this court docket date varies from county to county.
If you don’t seem in court docket, a choose will subject a bench warrant on your arrest.
You’re presupposed to have determined whether or not to just accept the plea provide or proceed to trial.
Nevertheless, this additionally varies from county to county.
QUESTION #6:What’s a Grand Jury and an indictment in South Carolina?ANSWER:Grand Jury
A randomly chosen group of individuals from the county the place you had been arrested who will resolve whether or not there was possible to arrest you.
If the Grand Jury determines that there was possible trigger on your arrest, they’ll subject an indictment.
Indictment
An indictment is the “charging document” that enables the solicitor to carry your case to trial.
A Grand Jury may subject a direct indictment for alleged conduct that happens previous to arrest.
QUESTION #7:Who decides whether or not I am going to trial or plead responsible?ANSWER:Your Essential Choice
You will have a constitutional proper to a jury trial.
The choice to plead responsible or proceed to trial is solely as much as you.
Your legal professional will advise you on what he/she believes is in your finest curiosity, however the remaining determination is finally yours.
QUESTION #eight:What’s the distinction between a trial and a responsible plea?Jury/Bench Trial
In the course of the trial, the solicitor will current the State’s proof towards you and has the burden of proving past an affordable doubt that you’re responsible of the crime charged within the indictment/warrant/ticket.
You will have a constitutional proper to cross-examine (query) the State’s witnesses.
You don’t have to current any proof since you are presumed harmless.
Nevertheless, you do have a constitutional proper to name witnesses in your behalf and to current favorable proof.
The jurors are the judges of the details in your case. In different phrases, they decide whether or not you might be responsible of the crime based mostly on the proof offered at trial
There are six jurors in Justice of the Peace Courtroom.
There are twelve jurors in Normal Classes Courtroom.
The presiding choose is the choose of the legislation within the case. In different phrases, he/she is going to decide the admissibility of proof and instruct the jury on the legislation.
If the jury finds you responsible (convicted), your legal professional will current mitigation proof, and the choose will impose a sentence.
Responsible Plea Listening to
In a plea listening to, you’ll go earlier than a choose and admit that you’re responsible of the agreed upon cost by signing a sentencing sheet (relying upon the plea provide).
The solicitor will current a factual foundation on your plea.
If the choose accepts that you’ve got knowingly, voluntarily, and intelligently entered the plea and that the details offered by the solicitor satisfies the weather of the crime, the choose will then hear out of your lawyer.
Your lawyer will current mitigation proof in your behalf.
After listening to from the solicitor, your legal professional, and probably the sufferer, the choose will impose a sentence.
QUESTION #9:Do You will have a proper to attraction your responsible plea, jury verdict, or sentence?ANSWER:Attraction
Sure, you will have the correct to attraction.
Nevertheless, you will have 10 days after the date of your sentence to file the discover of attraction.
DISCLAIMER: This text doesn’t create an attorney-client relationship. The content material of this text is just for informational functions and doesn’t represent as authorized recommendation. You need to instantly search the recommendation of an skilled legal professional. It’s in your finest curiosity to have an legal professional overview your case. Any consequence achieved on behalf a consumer in a single matter mustn’t create any expectation for future purchasers and doesn’t essentially point out that related outcomes will be obtained for different purchasers. When you’ve got a authorized drawback, it’s best to seek the advice of straight with a licensed legal professional as a result of each case is completely different and have to be evaluated on its particular factual and authorized points.
