Arrest Process in Rock Hill

Frankly, it can be terrifying for anyone to be arrested in Rock Hill, especially if it is their first time going through the process. It can be nerve-wracking for any attorney because we are not involved other than speaking in front of our peers. We do not have anything to risk, as our clients have. Clients are the ones who have to pay, both financially, and through loss of time, reputation, standing in the community, their jobs, and consequences with their children. There are ramifications for whatever they have been arrested and charged with, as they go through the system. They are on a different side of the line than they have ever been before, where everybody in perspective seems literally against you.

The solicitor is not on your side, law enforcement is not on your side, and the judge certainly does not look happy to see you. It can be a very intimidating process, and one that tends to make people react from a position of fear. That hardly ever leads to the best decision making. It is important to have a dedicated Rock Hill criminal defense lawyer on your side after an arrest. Contact our team today.

Understanding Miranda Rights

The police do not have to give you Miranda Rights in a criminal case unless, and until, they place you into custody. Therefore, if you are being detained, meaning arrested and taken somewhere, that is the only time that they have to deliver you your Miranda Rights. Prior to that, if they want to ask you questions they do not have to Mirandize you, even if it is for investigative purposes. They can ask you all the questions they want. You are also completely free at that time to refuse to participate, and walk away. If they detain you there are certain scenarios where they are allowed to do so, and still not have that considered an arrest.

Again, they do not have to Mirandize you until you have actually been arrested. They can continue to ask you questions. You never, even after Mirandized, especially after Mirandized, have to answer a police officer’s questions, except identifying of yourself. If they ask you your name, give them your name, but other than that, you really do not have anything that you have to participate in as far as their questioning. There are consequences with that of course. Police officers are suspicious by nature, and if you do not answer what they consider simple questions, then they become suspicious of the situation.

They get frustrated, and you may have a harder time leaving the station, even if you have not done anything. I said this in response to an earlier question, nothing you can say to a police officer is going to be helpful to you. So, if you find yourself in a situation where they are asking you questions, and they do not want to let you leave, and if you are not a gambling person, the smart money is to simply say nothing, and assert your Fifth amendment rights, which is to remain silent, and ask for an attorney.

Clean Records Before a Rock Hill Arrest

Good moral character always comes into play in cases like these. It does not always matter much. By that, I mean police officers do not care where you live, where you go to school, where you work, what your job is, or any of that, when investigating a crime. They will come after anybody in a criminal case. They may do it slightly slower in circumstances, if you do not fit the typical profile of the usual suspects associated with these crimes. However, it does not prevent them from going after you. However, when it comes to bonds to get out of jail, whether you are dealing with a possible plea deal, possible levels of sentencing after convictions, when seeking probation or a shorter sentence, a clean record might prevail in these situations.

This greatly expands the options that are available to you if you can show that you are stable contributing member of society, and that there are reasons why you are not going to be a danger, flight risk, or transient. The more you show a productive life, law enforcement will look upon that arrest as potentially a one-off, a temporary lapse in judgment, as opposed to a lifestyle, or personality choice.

For more information on Reacting To An Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (803) 366-0333 today.

We at Schiller & Hamilton Law Firm hope you and your family are safe & well. We wanted to let our friends and clients know that we are currently working regular office hours. However, in an effort to decrease in-person contact we encourage our clients to schedule an appointment by phone or Zoom. If an in-person appointment is necessary please note our offices are locked so please call our office number upon arriving. Our plan is to continue serving you and your family and providing the same level of professional service you’ve always received from us.
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