• Home
• About Us
  • Attorney Profiles
    • Dick James
    • Monty D. Desai
    • George Funderburk
  • Meet the Staff
• Map and Directions
• Practice Areas
  • Personal Injury
    • Traumatic Brain Injury
    • Spinal Cord Injury
    • Burn/Electrical Injury
    • Amputations
    • Dog Bite
  • Premises Liability
    • Negligent Security
    • Slip and Fall
  • Product Liability
  • Vehicle Accidents
    • Automobile Accidents
    • Motorcycle Accidents
    • Truck Accidents
    • Pedestrian Accidents
  • Wrongful Death
  • Criminal Defense
    • Theft, Fraud, and Shoplifting
    • Drug Trafficking/Drug Offenses
    • Sealing and Expungement
    • Traffic Violations
    • Criminal Domestic Violence
    • Juvenile Offenses
    • Probation Violation
    • Misdemeanors and Felonies
    • Driving Under the Influence
    • Murder
    • Sex Crimes
    • Assault and Battery
  • Workers’ Compensation
    • Workers' Compensation Questions
  • South Carolina Workers’ Compensation Law
  • Workplace Injuries
    • Head Injury/Brain damage
    • Vision Loss
    • Back & Neck Injury
    • Shoulder Injury
    • Hand Injury
    • Nerve Damage
    • Broken Bones
    • Electric Shock Injury
    • Paralysis
    • Amputation/Loss of limbs
    • Medical Professionals Injury
  • What is Social Security Disability Insurance (SSDI)?
    • The History of SSDI
    • SSDI Qualifications
    • SSDI Benefits (disabled worker, long-term, short-term, family, etc)
    • SSDI Process
  • Medicare and Medicaid
  • Nursing Home Abuse and Neglect
  • Immigration Law
    • Green card
    • Naturalization and Citizenship
    • Work Visas
    • Deportation
    • Immigration Law Questions
• Español
  • Lesiones personales
  • Seguro de riesgos laborales
  • Defensa penal
  • ¿Qué son las prestaciones del Seguro Social por discapacidad? (SSDI)
  • Derecho migratorio
• Contáctenos
• Contact Us
• Blog

Criminal Defense Questions

Anderson, Greenville, Spartanburg, South Carolina

The following are some general questions and answers about criminal defense cases. If you have more questions about your specific criminal case, consult the advice of an experienced criminal defense attorney.

If I received a phone call or a letter from a police officer that concerns me, what should I do?

The first thing you should do is to contact an experienced criminal defense lawyer as soon as possible. You do not want to make the mistake of giving out information that directly or indirectly incriminates. Having a lawyer’s advice and guidance is critical before responding to a phone call or letter.

Will speaking to the police help or hurt my chances of being arrested?

That is difficult to answer, because every case and every police officer is different. Many criminal defense attorneys will tell you to first examine how a conviction will impact your life overall. Then consider whether you want to offer information to the police or any third party about any potential crime whether or not you are guilty.

Can I give an oral statement can that hurt me?

In South Carolina and in almost all other jurisdictions, an oral statement is admissible in court against a criminal defendant. An oral statement can typically be as damaging as a written statement. Before any type of statement is made to a member of law enforcement, you should seek professional counsel.

Do I need a lawyer at my arraignment?

Most of the time in criminal court, the arraignment is where you first appear before a judge and enter a plea of guilty or not guilty. If you enter a plea of ‘not guilty’ here are some steps that may also happen at the arraignment:

• Your judge will set a date for the next procedural event in your case
• Your judge will considers any bail requests that you or the prosecutor make
• Your judge may appoint a lawyer for you if you do not have one
• Your judge may ask you to "waive time," or give up your right to trial or other statutory proceedings occur within a certain amount of time

While some people can handle the arraignment alone, others find it intimidating and confusing. If you are able to arrange for private representation before your arraignment, it is always better to have a lawyer with you to explain all steps of this process.

Are lawyers available for defendants who can't afford to pay for one?

The U.S. Constitution states that you are entitled to be represented by an attorney if the state is trying to deprive you of your liberty. This means that a court may be required to appoint a lawyer to represent you for free, called a public defender. A public defender is a fully licensed lawyer whose sole purpose is to represent poor defendants in criminal cases.

If you have been charged of a crime in Anderson, Spartanburg or Greenville, South Carolina, contact the Dick James Law Firm to discuss your case and schedule free consultation.