CHARLESTON, SC CRIMINAL DEFENSE LAWYER
Have you been arrested for a crime? Don’t know what to do? One of the most important decisions you make will be who you hire to defend you. Experience matters. My name is Dale Savage, I am a Charleston Criminal Defense Lawyer in South Carolina. I help those that have been accused of committing a crime. During my career I have tried both major and minor crimes to juries, including some Notable Cases. Call today at (843) 530-7813 and talk to an experienced Charleston Criminal Defense Attorney to get answers to questions like these:
As a Charleston Criminal Defense Attorney 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 criminal situation.
Types of cases I handle
Types of Criminal Defenses
One of the most important aspects of a criminal case is to know what constitutional rights you have and whether the police violated those rights. Just like any job, sometimes police make mistakes, and if they do, that can dramatically change the outcome in your case if the mistake was a serious constitutional violation. If that occurs, it may mean certain evidence such as a confession, a gun, or drugs may be suppressed and inadmissible against you in court.
Frequently Asked Questions
Miranda Warnings are required when you subject to custodial interrogation.
- Custody and;
- 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.
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. They may 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 a Search 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.
Contact a Charleston, SC Criminal Defense Attorney
Call me today at (843) 530-7813 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.