South Carolina Criminal Defense Lawyers

Key Takeaways

• The first step after an arrest is often a bond hearing where a judge sets the terms of your release. 
• Defendants only have 10 days from their bond hearing to request a preliminary hearing to contest the prosecution’s evidence. 
• Most criminal cases do not go to trial and are instead resolved through plea negotiations. 
• A South Carolina criminal defense lawyer can protect your rights.

Why Do You Need a South Carolina Criminal Defense Lawyer?

In a criminal case, a person’s life and liberty are on the line. That’s why it is critically important to select a criminal defense attorney who has the experience, work ethic and legal skill to bring the case to the best resolution possible.

RPWB attorney Deon Tedder, Esq. is an experienced and respected criminal defense lawyer who has worked on hundreds of criminal cases, first as part of the David Aylor Law Firm and, more recently, at RPWB.

What Types of Criminal Defense Cases Does Our Team Handle?

Deon focuses on the following types of criminal defense cases throughout South Carolina:

• DUIs
• Underage Drinking
• Hit-and-Runs
• Drug Charges
• Assault & Battery
• Gun Charges
• Burglary, Theft & Robbery
• Financial Fraud
• Embezzlement
• White-Collar Criminal Defense

RPWB offers free consultations on all criminal matters. To get started, fill out the form on this page or give us a call at 843-727-6500.

What Is the South Carolina Criminal Defense Process?

Pre-Arrest Investigation

When police respond to a potential crime, they conduct an investigation and prepare a report. That report is often sent to the prosecutor’s office to determine what charges are warranted. The prosecutor’s office might ask for an additional investigation to take place. If you are asked by police to be interviewed, it is your right to have a lawyer present. This is often the best time for you to hire a criminal defense lawyer so they can advise you prior to providing information to the police.

Arrest

When police officers and prosecutors believe they have enough evidence to suspect you of a crime, they will make an arrest. The suspect will be transported to the county jail, where they will be booked, photographed, and fingerprinted. The suspect will be placed in jail until a bond hearing is held.

Bond Hearing

At the bond hearing, a judge or magistrate will read the charges against the suspect (now a defendant), and the prosecution will present information related to the defendant’s alleged crime, their criminal history, and their connection to the community. Your lawyer will have the opportunity to present information as to why you should be released from jail. The judge will issue a bond, the amount of money that the defendant must pay to be released from jail until the trial takes place. The judge can also place additional restrictions on the defendant, including house arrest or electronic monitoring. Having a capable criminal defense attorney can help get more favorable bond terms.

Preliminary Hearing

The preliminary hearing is an opportunity to see what evidence the prosecution has and how they intend to present it. It is a chance for you to contest your charges and argue about the validity of the evidence against you. You only have 10 days from your bond hearing to request a preliminary hearing, so it is important to have a defense attorney in your corner.

Plea Negotiations

Most criminal cases end with a plea deal. Prior to trial, plea negotiations between your defense attorney and the prosecution will likely take place. Having an experienced criminal defense lawyer will help you know what to ask for and what, if anything, to accept. 

Trial

Every defendant is entitled to a jury trial. Preparation for a jury trial starts way before opening statements. This includes an extensive discovery process to obtain all of the evidence available to the prosecution before your trial date. A capable criminal defense lawyer will have a trial strategy that combats evidence provided by the prosecution and presents your side of the story in a compelling way. At the conclusion of a criminal trial, a jury must come to a unanimous verdict.

Sentencing

Whenever a person is either found guilty during a trial or pleads guilty, the judge will hold a sentencing hearing. During this hearing, the prosecutor will present their side of the case. Your defense attorney will present facts that mitigate the crime. This mitigation evidence is very important as it helps explain why the crime occurred and what steps the defendant has taken to rebuild their life. Crime victims also have the right to speak. Having a capable criminal defense attorney will help achieve a more favorable outcome.  

Appeals

Appeals may be available if legal errors by the court, prosecutor, or defense affected the outcome of a case. Because appeals follow a strict legal process with specific deadlines, a criminal defense lawyer can evaluate the record, identify appealable issues, and advocate for your rights.

Frequently Asked Questions: Criminal Defense in South Carolina

When should I hire a criminal defense lawyer?

It is highly recommended to hire an attorney during the pre-arrest investigation phase. If you have legal counsel present during police interviews, your lawyer can help protect your rights before charges are formally filed. 

What happens at a bond hearing?

A judge or magistrate will read the formal charges against you, and the prosecution will outline the alleged crime. The judge will then set a bond amount and potentially add restrictions, such as house arrest, that you must abide by to be released pending trial. 

What is the purpose of a preliminary hearing?

A preliminary hearing gives the defense a chance to evaluate the prosecution’s evidence. It also provides an opportunity to challenge the validity of the charges and the evidence presented against you. 

Will my case go to trial?

Every defendant has the right to a jury trial, but most criminal cases are resolved before reaching that stage through a plea deal. Your defense lawyer will engage in plea negotiations with the prosecution to seek a favorable resolution. 

Take Action: Contact Our South Carolina Criminal Defense Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you need a trusted criminal defense attorney on your side, whatever your situation, call our South Carolina criminal defense lawyers at Rogers, Patrick, Westbrook & Brickman LLC at 843-727-6500 or fill out our online contact form to schedule your free consultation. We have office locations in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina.