Attorney Joe Good has helped hundreds of people with criminal infractions, ranging in age from high school students to senior citizens. He has handled charges such as driving under the influence, driving with unlawful alcohol concentration, underage possession of alcohol, larceny, and drug charges, including possession with the intent to distribute.
If you have been falsely accused of committing a crime, it is crucial to remember that you are innocent until proven guilty. Attorney Joe Good can explain the law and how it affects your current legal situation.
Understanding Criminal Charges in South Carolina
Common Types of Criminal Offenses
Our experienced legal team has handled hundreds of cases covering a wide variety of charges. Some of the types of cases we represent include:
- DUI/DWI
- Drug Possession or Trafficking
- Traffic Violations
- Violent Crimes
- Theft and Burglary
- Assault and Battery
- Homicide
- Expungement
- Juvenile Crimes
- Probation Violations
- Domestic Violence
- White Collar Crimes
Penalties for Criminal Charges in South Carolina
Penalties vary based on the nature and severity of the crime, as well as any prior convictions. Below are some common types of charges and their associated penalties:
DUI and Alcohol-Related Offenses
South Carolina imposes strict penalties for DUI and alcohol-related offenses, which can include fines, license suspension, and jail time. Penalties generally increase with subsequent offenses or if the offender's Blood Alcohol Concentration (BAC) is especially high.
- First Offense DUI: Up to 90 days in jail, license suspension for six months, and fines.
- Multiple DUI Offenses: Higher fines, longer jail terms (up to 5 years for a third offense), and potential permanent license revocation.
- Underage DUI: Penalties can include license suspension and mandatory alcohol education courses.
Drug Charges
Drug charges in South Carolina range from possession to trafficking and may carry significant penalties, especially for controlled substances.
- Simple Possession: Misdemeanor punishable by up to 30 days in jail and fines.
- Possession with Intent to Distribute: Felony charge with potential imprisonment from 2 to 15 years, depending on the substance and quantity.
- Drug Trafficking: Can result in prison terms ranging from 7 to 25 years, with longer sentences for larger amounts and repeat offenses.
Violent Crimes
Violent crimes in South Carolina, such as assault and homicide, carry serious penalties and are often classified as felonies.
- Assault: Depending on the degree, can result in jail time from 30 days to up to 10 years.
- Homicide: Charges such as manslaughter or murder may lead to lengthy prison sentences or even life in prison. Murder charges can carry a penalty of life imprisonment or the death penalty.
Theft and Property Crimes
Theft and property crimes vary widely in South Carolina and carry different penalties depending on the value of the property taken or damaged.
- Petit Larceny (property under $2,000): Misdemeanor punishable by up to 30 days in jail.
- Grand Larceny (property over $2,000): Felony punishable by up to 10 years in prison.
- Burglary: Sentences range from up to 15 years to life, depending on the degree of the offense.
Traffic Violations
South Carolina treats certain traffic violations as criminal offenses that can lead to fines, license suspension, and even jail time.
- Speeding Violations: Fines and potential points on the driver’s license.
- Reckless Driving: Misdemeanor punishable by up to 30 days in jail and fines.
- Habitual Traffic Offender: Multiple serious traffic offenses can lead to a 5-year license suspension.
Consequences Beyond Jail Time
In addition to jail time and fines, a criminal conviction in South Carolina can have far-reaching consequences, including:
- Loss of Driving Privileges: Many offenses can lead to the suspension or revocation of your driver’s license.
- Impact on Employment: Criminal records may limit job opportunities, especially for offenses involving violence, theft, or drugs.
- Restrictions on Gun Ownership: Convictions, particularly for violent crimes and drug-related offenses, may result in restrictions on firearm possession.
- Loss of Voting Rights: Certain felony convictions may temporarily or permanently restrict your ability to vote.
- Immigration and Travel Implications: For non-citizens, criminal convictions can result in deportation, removal proceedings, denial of visas or green cards, and permanent bars to reentry. Certain crimes categorized as aggravated felonies or crimes involving moral turpitude can trigger severe immigration consequences. Even lawful permanent residents may lose their green cards and face removal. Travel restrictions to other countries may also apply, severely impacting your ability to live, work, or travel freely.
What to Do After You’ve Been Arrested
When you are arrested, staying calm and knowing the right steps to take can significantly impact the outcome of your case. Follow these important actions to protect your rights and prepare your defense:
- Remain Calm and Cooperative: Avoid physical resistance or confrontation with law enforcement. Stay polite, comply with basic instructions, but remember you do not have to answer questions beyond your identity details.
- Exercise Your Right to Remain Silent: Politely inform officers that you are exercising your right to remain silent and wish to speak with an attorney before answering any questions.
- Do Not Consent to Searches: If asked, clearly state you do not consent to any searches of your person, vehicle, or property.
- Request an Attorney Immediately: Clearly and firmly request to speak with your lawyer before answering any questions or signing any documents.
- Avoid Discussing Your Case: Do not discuss the details of the incident with anyone other than your attorney. Phone calls from jail are monitored, so stay cautious about what you say.
- Document Everything: Try to remember and later document the facts of your arrest, including officers’ names, the sequence of events, and any statements made by law enforcement.
Following these steps helps safeguard your rights and sets the foundation for your legal defense.
Your Rights After an Arrest
You have constitutional rights designed to protect you at every stage of the criminal justice process. Among the most critical is the right to remain silent to avoid self-incrimination. You also have the right to legal counsel, and it is smart to invoke this right as soon as possible. Exercise these rights calmly and clearly; this can prevent unnecessary complications or misunderstandings with law enforcement. Understanding your rights fully empowers you to avoid mistakes that could harm your case down the road.
Why You Should Avoid Speaking to Police Without a Lawyer
Anything you say to police officers can be used against you in court, even innocent or seemingly harmless statements. Many people unknowingly provide information or make admissions that prosecutors later use as evidence.
Having a criminal defense lawyer present during questioning helps ensure your rights are upheld and prevents you from inadvertently undermining your defense. Your attorney can also advise you on what questions you should or shouldn’t answer and negotiate with authorities on your behalf, helping you avoid pitfalls that could damage your case.
How Criminal Defense Lawyers Can Help
Facing criminal charges can be overwhelming, but having an experienced criminal defense attorney by your side can make a significant difference in your case. A skilled attorney can help you navigate the legal process and work toward a favorable outcome by:
- Assessing your case and explaining potential outcomes
- Building a tailored defense strategy
- Challenging evidence and law enforcement conduct
- Negotiating favorable plea deals
- Keeping you informed throughout the process
- Representing you in court with skill and dedication
Joe Good Attorneys at Law’s Approach to Criminal Defense
Facing criminal charges? Don't go at them alone. Contact Joe Good Attorneys at Law today for strategic and aggressive defense representation. Our experienced criminal defense attorneys are here to protect your rights and fight for the best possible outcome.
Schedule your consultation now to discuss your case and get the legal support you need!
Frequently Asked Questions About Criminal Defense in Mt. Pleasant
Do I need a lawyer if I’m only facing a misdemeanor?
Yes. Even misdemeanor charges can carry serious penalties, affect your future, and complicate your record. A criminal defense lawyer safeguards your rights and works to minimize consequences.
Can my charges be dropped or reduced?
Your charges can be dropped or reduced, but this depends on the details of your case. Prosecutors might choose to drop charges if they find the evidence insufficient or believe pursuing the case is not in the interest of justice. Often, charges can be reduced through plea negotiations, allowing you to plead guilty to a lesser offense with lighter penalties. Having an experienced lawyer increases your chances of a favorable outcome, whether through dismissal, reduction, or a negotiated plea.
How long does the criminal court process take?
The criminal court process in South Carolina can vary widely in length, typically taking anywhere from a few months to over a year. The first court appearance usually occurs within 45 days of arrest, where charges are formally presented and bail decisions are made. Following this, there may be multiple pretrial hearings, discovery phases, and negotiation periods which affect the timeline.
What’s the difference between state and federal charges?
State charges involve violations of state laws, typically handled in state courts. Federal charges involve violations of federal law and are prosecuted in federal courts, often leading to different procedures and penalties.
Speak with a Trusted Criminal Defense Attorney Today
If facing criminal charges in Mt. Pleasant or throughout South Carolina, contact Joe Good Attorneys at Law for an experienced, dedicated criminal defense lawyer to protect your rights and interests.