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When you hear the term “criminal defense,” this is referring to the laws, protections, and legal representation put into place for a person who has been accused of committing a crime. There are the civil rights and safeguards put into place to allow a defendant to argue their case while receiving fair and just treatment.
In the United States, according to the Georgia Innocence Project, “Studies estimate that between 4-6% of people incarcerated in US prisons are actually innocent. If 5% of individuals are actually innocent, that means 1/20 criminal cases result in a wrongful conviction.”
Regardless if a person is charged with a state or federal crime, whether a felony or a misdemeanor, having the support of a criminal defense attorney is always recommended.
A criminal defense lawyer not only informs their client of their rights but supports them throughout the process and during legal proceedings.
This support and process also allows person(s) accused the opportunity to defend themselves as well. For example, when someone is arrested for a crime, a criminal defense lawyer has the ability to challenge procedural errors, misconduct by the arresting police officer(s), or even expose the fabrication of evidence in support of the defendant.
An article by The Washington Post highlights a study by the National Registry of Exonerations that further solidifies the importance of a criminal defense lawyer:
“Misconduct by police, prosecutors, and other law enforcement officials is a regular problem,” said Samuel R. Gross, an emeritus professor at the University of Michigan Law School and a co-founder of the registry, “and it produces a steady stream of convictions of innocent people.”
“The study cites five types of misconduct that lead to wrongful convictions: witness tampering, misconduct in interrogations, fabricating evidence, concealing exculpatory evidence, and misconduct at trial.”
In the state of South Carolina, just like any state across the United States, if you are arrested, the arresting officer should recite to you your Miranda warning (notification of a person’s Miranda rights):
“You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.”
This warning was brought into law in the United States in 1966 as a means of protecting an arrested person’s Fifth Amendment right against compelled self-incrimination.
The best reaction upon arrest is to be quiet and stay as polite as possible. In the world of 2022, phone cameras, body cameras, and security cameras are everywhere, so calm actions are also key. When the opportunity becomes available, the next immediate step is to contact a criminal defense South Carolina lawyer or representative.
At White Davis & White Law Firm we are here to do everything in our power to help you if you or a loved one has been arrested on felony or misdemeanor charges.
Our team of dedicated and professional attorneys has over 300 cases tried to verdict under their belts and we share success stories directly on our website:
“WDW criminal defense lawyers were hired to defend a client who was charged with murder and various other charges arising out of a shooting in Abbeville County. Following a multiple-day trial, the jury returned a not-guilty verdict on all charges.
Disclaimer: The result the lawyer or law firm may have achieved on behalf of clients in these matters does not necessarily indicate similar results can be obtained for other clients.”
Our law firm is located just 30 miles southwest of Greenville, South Carolina in the town of Anderson. We serve clients across the state, including the cities of Anderson, Abbeville, Greenville, Greenwood, Spartanburg, and Laurens.
Please do not hesitate to contact us today via phone or by completing our online form to schedule your personal consultation regarding a criminal defense case.
$4 million jury verdict against South Carolina Department of Corrections for wrongfully incarcerating our client 67 days past his release date. The jury also found 15 “occurrences” under the South Carolina Tort Claims Act.
Lead WDW Lawyer on the Case: Kyle J. White
*Civil & criminal consultations are free, the charge for family court consultations varies by attorney.
