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Common Misconceptions That Kill Your Criminal Defense

Criminal Defense Misconceptions

I did not do anything wrong, so why should I worry about talking with an investigator?

Despite what you may think, and even if you do not think that you have done anything illegal, this misconception is never a good idea. Don’t speak with an investigator as your words or any statement you make may be misconstrued, misinterpreted, or twisted and result in your arrest. If you are contacted by law enforcement or even think that you may be under investigation, contact the criminal defense lawyers at  Strom Law Firm, LLC for a free consultation to discuss the situation and the best way to proceed.

How do I know if I have been arrested?

Many clients mistakenly believe that they have not been arrested because they were not placed in handcuffs or taken to jail.  You can be arrested  by receiving a ticket from the arresting officer or receiving a warrant.  In fact, receiving a Uniform Traffic Citation from a local law enforcement officer or a Trooper is sufficient notice to bring you into Court in South Carolina.

The information included on your ticket or warrant will usually contain:

  • the crime or violation that you are charged with
  • your first court date
  • your bond (if any)

Why Do I need to show up at My First and Second Appearances if I Won’t See A Judge?

To avoid a bench warrant for your arrest and protect your rights. While your first and second appearances may be somewhat procedural, if you fail to appear, the judge can issue a bench warrant for your arrest.

What is a Bench Warrant?

A bench warrant is a warrant for your arrest issued by a judge because of your failure to appear in court when instructed to do so. If a criminal defendant fails to appear in court or leaves before being released by the prosecutor, the prosecutor may ask the Circuit Court Judge for a warrant for your arrest. Once a bench warrant is issued, the Sheriff’s Department is given this warrant and told to arrest you if they come in contact with you. If you are in jail on a bench warrant, your criminal defense lawyer could ask the Circuit Court Judge for a hearing to remove the bench warrant, these are rarely successful. If you think a bench warrant has been issued against you, contact an experienced South Carolina Criminal Defense lawyer.

Can’t I wait to hire an attorney until after my second appearance?

In order to provide your attorney a sufficient amount of time to build your defense, you should hire a criminal defense attorney as soon as you are placed under arrest.

It’s a petty charge, so it’s not worth fighting. I’ll just plead guilty.

The decision to enter a guilty plea should not be made with haste and should not be taken lightly.

Many convictions have lasting consequences beyond any sentence or fine imposed which can destroy your livelihood, eliminate your right to carry a gun, and result in the loss of custody rights.

Contact the criminal defense attorneys at the Strom Law Firm, LLC today for a free consultation to discuss whether we may be able to help you avoid punishment including possible fines and jail time.  We offer flexible payment options and accept Visa and Mastercard.