You must request a preliminary hearing within 10 days of the bond hearing. First Appearance Your first scheduled court appearance aka Roll Call. This court appearance should be scheduled within 45 days of your arrest. The procedure for this court date varies from county to county. If you do not appear in court, a judge will issue a bench warrant for your arrest. Your lawyer will have the opportunity to speak with the solicitor about your case and will usually receive the discovery from the solicitor.
Second Appearance The second scheduled court date to follow-up on the status of your case. This court appearance should be scheduled within days of arrest. You are supposed to have decided whether to accept the plea offer or proceed to trial. However, this also varies from county to county. What is a Grand Jury and an indictment?
Grand Jury A randomly selected group of people from the county where you were arrested who will decide whether there was probable to arrest you. If the Grand Jury determines that there was probable cause for your arrest, they will issue an indictment. A Grand Jury can also issue a direct indictment for alleged conduct that occurs prior to arrest. Who decides whether I go to trial or plead guilty?
Critical Decision You have a constitutional right to a jury trial. The decision to plead guilty or proceed to trial is solely up to you. What is the difference between a trial and a guilty plea? You do not have to present any evidence because you are presumed innocent. However, you do have a constitutional right to call witnesses on your behalf and to present favorable evidence. The jurors are the judges of the facts in your case. Our approach to our criminal defense practice encompasses three guiding principles: diligence, dedication and determination.
When you meet with one of our attorneys, the first thing we will want to know is what happened, from your point of view.
Make sure to answer all of the questions truthfully, even if it feels awkward or embarrassing. Remember, we are working to protect you. Failure to reveal something could have a significant impact on the strategy we develop to defend you. Next, we will spend as much time as necessary to analyze the situation and discuss best-case scenarios. We will give you a realistic assessment of possible sentences and get your thoughts on next steps. Expect that the entire criminal case process will be a very emotional time for you. Let Carolina Defense Lawyers support you.
We are available to assist you 24 hours a day, 7 days a week. For help with your criminal matter, call us or fill out our contact form. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call or complete the form here.
Jeffcoat J. Contact Us Today. Get in contact with us today. Criminal Case Process in Lexington, South Carolina Without a doubt, being charged with a crime is a stressful experience. Sometimes people know that they are being investigated by law enforcement before an arrest happens. They may have been called in for an interview or asked to provide a statement. If you have been informed that you are under investigation, contact a criminal defense attorney right away.
By getting started on your case during the pre-investigation phase, an attorney can be prepared if charges are filed in the future. The basics of an arrest include being handcuffed, read your Miranda rights and being escorted to the police station for booking. You will give fingerprints, take a mug shot, be inspected by medical personnel and wait for transfer to bond court.www.juraa.com/images/films/night-realm.php
Can You Sue for Injuries in Jail or Prison?
That typically takes 24 hours. Bond court.
- dept of corrections inmate look up.
- Frequently Asked Questions in SC Criminal Cases.
- Administrative Law Court.
- U.S. Supreme Court.
You will appear before a magistrate judge, who will decide whether you can be released from jail while the criminal charges are pending. Having an attorney by your side is important at this stage because the prosecutor will present initial evidence against you. A defense lawyer can provide counter-arguments for why you should be released from jail or have a lower bond set by the judge.
What Happens at an Arraignment? Is Probable Cause Determined at the Initial Appearance? | Nolo
Your criminal defense attorney should recommend a preliminary hearing within 10 days of the bond hearing. At this stage, the prosecution must present evidence to prove that there was probable cause that led to your arrest and the current charges. A defense lawyer is key because a judge could dismiss the case, modify the charges or order that the case proceed further. That could involve a plea bargain, where you plead guilty to lesser charges and get a reduced sentence.
Sometimes negotiations fail. The next step is to move to trial, which can last several months and up to years if appeals are included. A trial is a complex process with many stages involving hearings, pre-trial conferences, investigations and discovery exchanges.
Depending on the circumstances, it could be a bench trial with only a judge present or a trial by jury. If you are found guilty, there will be a sentencing hearing to determine your penalty. You have the right to appeal your conviction in South Carolina. Your rights Prisoners with disabilities are protected under sections of the Americans with Disabilities Act and the Rehabilitation Act of In the prison and jail context, the Rehabilitation Act applies to facilities run by federal agencies such as the Bureau of Prisons and to any state or local agency that receives federal funding.
The ADA regulates facilities run by state and local agencies, regardless of whether they receive federal funding.
I experienced assault or excessive force in prison
You are entitled to an equal opportunity to participate in programs and services for which you are qualified. You are entitled to be housed at your correct security level, and in a cell with the accessible elements necessary for safe, appropriate housing. You are entitled to reasonable modifications to policies and procedures. You are entitled to equally effective communication including any necessary auxiliary aids and services such as sign language interpreters, captioning, videophones, readers, Braille, and audio recordings.
Prison officials are not required to provide accommodations that impose undue financial and administrative burdens or require a fundamental alteration in the nature of the program. You or your attorney can file a lawsuit explaining how your rights have been violated under the ADA, the Rehabilitation Act, or both. You must complete any available grievance procedure and all appeals before filing a lawsuit in federal court. Under the Rehabilitation Act, prisoners must also show that the prison officials or the governmental agency named as defendants receive federal funding.
Depending on the situation, disabled prisoners may file claims for relief under the Eighth Amendment, which prohibits cruel or unusual punishment, in addition to or instead of the ADA or Rehabilitation Act. The laws of some states may provide different or greater legal rights than the federal laws.
Disabled prisoners should investigate this possibility before bringing suit. Additional resources Every state and U. Some of these organizations also work with incarcerated individuals. I want to receive publications in the mail in prison Your rights Prisoners generally have the right to receive books, magazines, and newspapers by mail, subject to the restrictions described below.
Prison authorities can generally decide to censor a publication for reasonable goals related to prison safety or security, but cannot reject publications because they disagree with their political viewpoint or for other arbitrary reasons. Prisons cannot discriminate against religious publications by arbitrarily subjecting them to rules that do not apply to non-religious publications.
Prisons and jails may ban material that describes how to build weapons, instructs how to escape, or instructs how to break the law.
They can ban magazines that contain nudity and pornography. Often prisoners have the right only to receive softcover books and bound periodicals sent directly from a publisher, bookstore, or other commercial source, but sometimes courts have allowed prisoners to receive clippings and copies of articles from friends, family, or other noncommercial sources. Prison officials cannot prevent your friends and relatives from buying you books and magazine subscriptions.
Both you and the sender have the right to be notified if your incoming publication is being censored or rejected. Prison officials must give enough of a reason for their censorship decision to allow you to challenge that decision. If you believe the policy has been violated, you should file a grievance, and appeal it through all available levels of appeal.
I want to send and receive mail in prison Your rights The First Amendment of the Constitution entitles prisoners to send and receive mail, but the prison or jail may inspect and sometimes censor it to protect security, using appropriate procedures. Officials may open non-privileged mail, which includes letters from relatives, friends, and businesses, outside your presence. They can read this mail for security or other reasons without probable cause or a warrant.
Incoming or outgoing non-privileged mail may be censored for legitimate security reasons. However, mail may not be censored simply because it is critical of prison officials or because prison officials disagree with its content. Prisons may not ban mail simply because it contains material downloaded from the Internet. You may not be punished for posting material on the Internet with the help of others outside of prison.
Clearly marked privileged mail, which includes communications to and from attorneys and legal organizations like the ACLU, gets more protection. Officials may open incoming privileged mail to check it for contraband, but must do so in your presence. They are not allowed to open outgoing privileged mail. Privileged mail ordinarily cannot be read unless prison officials obtain a warrant allowing them to do so. If your incoming mail is censored, both you and the sender are entitled to notice.