Your freedom, reputation, economic survival, as well as your personal and family stability are all at stake when facing an arrest and possible prosecution on criminal charges, which is why you need to act fast. The sooner you contact an experienced Anderson criminal defense lawyer, the sooner they can get started working on your case.
If you are facing criminal charges in Anderson, South Carolina, you need to get in touch with the criminal defense lawyers at Hernandez & Cabra. We have an incredibly strong track record when it comes to protecting our clients against unjust charges and unreasonable penalties. Call us today at 864-501-4384 to schedule an initial consultation and case evaluation with our top lawyers.
What Are Your Rights as a Criminal Defendant in South Carolina?
The rights of criminal defendants in South Carolina and throughout the entire United States at large are protected by the Fourth, Fifth, Sixth, and Eighth amendments to the constitution. Here is a more in-depth look at all of them:
- Right to Probable Cause for Seizures and Searches: If law enforcement officials obtain evidence against you illegally, then that evidence will be inadmissible in court. The Constitution requires probable cause to be established before seizures and searches.
- Right to Remain Silent: The 5th Amendment protects defendants from self-incrimination by establishing a right to remain silent when questioned by police after being arrested or by the prosecution during the trial.
- Right Against Double Jeopardy: According to the 5th Amendment, a defendant cannot be tried for the same crime twice. It is known as “double jeopardy” and it is definitely unconstitutional.
- Right to Representation: All criminal defendants have the right to adequate representation from a lawyer and professional legal counsel. If you cannot afford to hire a lawyer, the government will provide one.
- Right to a Speedy Trial: Defendants have a right to a quick and speedy trial so that they don’t languish in jail for months on end waiting for their day in court. Defendants also have the option of waiving their right to a speedy trial if desired.
- Right to Confront Witnesses: Under the Constitution, criminal defendants have the right to cross-examine or confront witnesses that testify against them for the purpose of disputing their testimony and questioning the reliability of the witness.
- Right to a Public Jury Trial: The 6th Amendment also grants defendants the right to a public trial by jury. Jury members are randomly selected from the community and must be proven to be impartial. The prosecution and defense both participate in jury selection.
- Right to Reasonable Bail: Defendants are allowed to leave jail while awaiting trial by paying bail, which is a fee to ensure that they will show up in court on their next court date. Bail isn’t always granted, but if it is granted, it is up to the court to set a reasonable amount considering the defendant’s likelihood of fleeing and the severity of the offense.
Right to be Free from Cruel and Unusual Punishment: Defendants are also protected from cruel and unusual punishment after being convicted of a crime. Individuals are guaranteed certain rights such as being protected from disproportionately harsh fines or punishments that don’t fit the crime and access to basic medical treatment while incarcerated.
How Can an Anderson Criminal Defense Lawyer Help Me?
If you have been arrested for a crime, a criminal defense lawyer, whether hired or assigned to you by the court, has certain responsibilities towards their clients. It is much more than simply making a persuasive argument in court.
Here are the different ways our criminal defense lawyers at Hernandez & Cabra in Anderson, South Carolina can help you:
- Seeking your release from custody at a bond or bail hearing.
- Interviewing you about the facts of the case.
- Investigating the avenues of possible acquittal.
- Ensuring that the prosecution turns over all the evidence.
- Helping in jury selection.
- Analyzing the evidence and identifying weaknesses and other issues in the prosecution’s case.
- Filing pretrial motions, as required, which include motions to suppress evidence acquired unlawfully that could lead to a dismissal or reduction of a charge.
- Participating in plea negotiations and advising you on whether to accept the plea deal or go to trial.
- Aggressively advocating for you in the courtroom if your case eventually goes to trial.
- Negotiating with the state for a lesser punishment if you are convicted.
- Ensuring that you fully understand the charges against you and making sure that you know exactly what is happening at each stage of the case.
What Are the Types of Cases We Specialize in at Hernandez & Cabra
At Hernandez & Cabra, we handle all kinds of criminal defense cases, which include but aren’t limited to:
Our criminal defense lawyers are focused on keeping you out of jail and keeping your criminal record clear. We are dedicated to providing excellence and quality to our clients while protecting your rights under the law as a criminal defendant and making sure that you get the best defense possible for your case.
Juvenile Criminal Defense
Any criminal accusation against a minor can have serious consequences for their future. Fortunately, there are many ways to minimize or eliminate many of these consequences. Our knowledgeable and experienced juvenile criminal defense lawyers can help you navigate those charges to ensure the best outcome possible for your child.
If you are convicted on DUI charges in South Carolina, you may find yourself losing driving privileges, paying higher insurance premiums, paying fines, being jailed, and more. Due to the lasting implications that a DUI conviction can have on your private and professional life, you need to involve our DUI defense attorneys early on so that we can protect your rights under the law.
Looking for a Competent Criminal Defense Lawyer in Anderson, SC?
Facing criminal charges is both difficult and stressful and finding the right criminal defense lawyer to represent you can make all the difference in the outcome of your case. It is due to this reason why our legal team at Hernandez & Cabra in Anderson, South Carolina is available to assist you. Call us today at 864-501-4384 to learn more about our services and schedule a consultation with our lawyers.