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Criminal Defense

Charleston, SC Criminal Defense Attorney
Dale Savage Law Firm, LLC > Criminal Defense

Charleston Criminal Defense Lawyer

 

Drug Crimes | Gun CrimesJuveniles | Expungements

 

Have you been arrested for a crime?  Don’t know what to do?  Call an experienced Charleston criminal defense lawyer to get the help you need on your case.  You probably have many questions like the ones below:

Charleston Criminal Defense Lawyer

 

  • Can I get a Bond Hearing or a reduction in bond?
  • What are my rights? ( See Cell phone searchDrug dog search)
  • Am I going to prison?
  • Do I have to go to trial?
  • How much will all this cost?
  • Will I have a criminal record?
  • Can I get this Expunged from my record?

 

These are just a few of the questions people have after an arrest. Many times, you don’t know what to do, or where to get help.  Some of my clients believe they can’t be helped when we first meet.  To learn the answers to these and more call a Charleston, SC criminal defense attorney.

My name is Dale Savage, I am a Charleston criminal defense lawyer.  I help those that have been accused of committing a crime.  I have tried both major and minor crimes in Charleston, including some Notable Cases.

 

As a Charleston criminal defense lawyer I represent people in Charleston, Berkeley, Beaufort, and Dorchester counties and throughout the state of South Carolina, people just like you who have been accused of a crime and face an uncertain future.  The criminal justice system can be confusing and unforgiving, I understand that and am here to listen to your concerns, understand your needs, and strive to present a practical solution to your particular situation.

 

To meet this challenge, I believe in having an ongoing working relationship with you and encourage you to actively participate in your defense, help gather information, and prepare the case for the best possible resolution.  With the right guidance, you’ll learn that you have more insight into your case than you probably realize.

 

What you will learn meeting with me

I understand that many of you have never spoken to an attorney before and aren’t familiar with the process.  Some of you may have spoken to attorneys in the past and never had the process explained to you or hardly even met with them.  So, let me give you an idea of what happens when you meet with me and what we’ll discuss regarding your situation.

 

  • Establish a thorough history leading up to the arrest;
  • Take care of any investigation needed;
  • Obtain all the evidence against you;
  • Work to establishing any defenses you may have;
  • Go over all your available options;
  • Take the case to trial if necessary.

 

Types of cases I handle

 

Charleston Criminal Defense Attorney

Call me today at (843) 530-7813 or e-mail me with any questions or concerns regarding your criminal arrest, you will speak directly to an experienced Charleston criminal defense lawyer about your case. The consultation is free and all discussions are confidential.

Frequently Asked Questions

When are Miranda Warnings Required?

1) custody and;

 

2 ) under interrogation.

 

The purpose of Miranda warnings is to preserve a persons fifth Amendment right against compelled self-incrimination.  So, if the police do not question you about the crime then they do not need to read you your rights, even if you are taken into custody.

 

Custody requires arrest or restraint comparable to formal arrest and is judged according to a reasonable person in the suspect’s shoes. Berkemer v. McCarty, 468 U.S. 420, 104 S. Ct. 3138 (1984).  This is important because you do not necessarily have to be  placed under arrest to be entitled to Miranda warnings.

 

Interrogation may be direct questioning or its functional equivalent and includes the police’s words or actions, other than those normally attendant to arrest and custody, that they should know are reasonably likely to elicit an incriminating response. When a suspect invokes his right to remain silent, law enforcement officers must scrupulously honor it. Michigan v. Mosley, 423 U.S. 96, 96 S. Ct. 321(1975). However, before police are required to discontinue questioning, a suspect must clearly articulate his desire to end the interrogation. Davis v. United States, 512 U.S. 452, 114 S. Ct. 2350 (1994); State v. Reed, supra. Likewise, a request for counsel must be clear and unequivocal. Id.

 

Call Charleston Criminal defense lawyer Dale Savage to make sure your Miranda rights are protected.  (843) 530-7813

Do you have to Agree to a Search of Your Vehicle?

Absolutely not.  You have a privacy right in your vehicle and should never consent to a search.  Many law enforcement officers will ask for permission to search your vehicle and may even question you more if you refuse to allow them.  They may even ask what are you hiding?  The best way to handle the situation is to tell the officer, in a polite manner, that you do not consent to searches.  Nothing more.  You are not required to respond any further and you shouldn’t.  If the police want to search your vehicle they will need probable cause or get a warrant from a judge that gives them permission.

 

But they did search and found evidence: In order for the evidence to be admissible against you the police have to give a reason for the search if you denied consent.  It’s my job to review the facts of the case and make sure that your rights weren’t violated, otherwise the evidence will most likely be suppressed.  That’s why you NEVER CONSENT, if you consent then the police do not have to justify the legal basis for the search as you allowed them and there’s not much a lawyer can do unless you were forced.

 

Call Charleston SC Criminal defense lawyer Dale Savage to review the search in your case.  (843) 530-7813

I was Arrested and the Police Want me to Cooperate

If you have been arrested and do not have a lawyer it’s common for police to ask you to cooperate with them.  This occurs most often where you have been arrested for a misdemeanor drug charge and the police want to use you to sell drugs so they can make more arrests.

 

This is a bad idea.  Never put yourself in this position without talking to a lawyer first.  What the police won’t tell you is that you are now making yourself a witness to a crime that one day, maybe even after a year, you will have to testify in court and act as a snitch.  If you refuse, they will bring up your charge again and now you are in a worse position.  An experienced attorney knows these tactics and can help protect you from making a situation worse and start working to resolving your case.

 

Won’t the cops get mad if I refuse: Maybe, maybe not.  Once a lawyer gets involved they know that you are no longer there punching bag and understand that your case must be dealt with on the facts.  A lawyer also prevents them from talking to you unless that lawyer is present.

 

Call Charleston SC criminal defense lawyer Dale Savage to review your case and protect your rights are protected.  (843) 530-7813