Facing criminal charges in Lexington, South Carolina can be overwhelming. Deadlines arrive quickly, the rules are technical, and a conviction can ripple through your job, license, reputation, and freedom. You don’t have to handle this alone.
At Johnson, Johnson, Whittle, Lancer and Staggs (JJWLS), our Lexington criminal defense lawyers move fast to protect your rights, pressure-test the State’s evidence, and pursue the best path forward—dismissal, reduction, diversion, or trial. From your first call to final resolution, you get clear guidance, rigorous investigation, and a strategy built around your goals.
If you were arrested in the Town of Lexington or anywhere in Lexington County, get answers now. Call us at (803) 649-5338 or contact us for a free consultation. To find this page later, bookmark our city page at Lexington criminal defense.
Know Your Rights in South Carolina Criminal Cases
The U.S. Constitution and the South Carolina Constitution guarantee critical rights in every criminal case. Using them early can change outcomes:
- Right to Remain Silent: You don’t have to answer questions about suspected crimes. Politely say you wish to remain silent and request an attorney.
- Right to Counsel: You have the right to a lawyer during questioning and at every critical stage. If you cannot afford one, the court can appoint counsel.
- Presumption of Innocence & Fair Trial: The State must prove each element beyond a reasonable doubt. You can confront witnesses, present evidence, and choose whether to testify.
- Protection from Unreasonable Searches & Seizures: Police generally need a warrant or a valid exception. Evidence from an illegal stop, search, or seizure can be suppressed.
For a plain-English primer, review your Miranda rights. For official statewide court information, forms, and rules, visit the South Carolina Judicial Branch at sccourts.org.
Misdemeanors vs. Felonies in South Carolina
South Carolina classifies crimes by severity and potential punishment. Both categories can trigger long-term collateral consequences (employment, licensing, immigration, housing).
- Misdemeanors: Often handled in magistrate or municipal court, or in General Sessions depending on the statute; exposure can include jail, probation, fines, treatment conditions, and restitution.
- Felonies: Prosecuted in the Court of General Sessions with potential exposure ranging from more than a year to decades—or life—for violent or repeat offenses.
Browse the official S.C. Code through the Legislature’s portal: scstatehouse.gov.
Criminal Defense Cases We Handle in Lexington
Our team defends clients across Lexington County and the greater Midlands in a full range of charges:
- DUI (refusal, high BAC, accidents, CDL, under-21)
- Violent Crimes (assault, robbery, weapon offenses)
- Drug Crimes (possession, distribution, trafficking, prescription)
- Sex Crimes (CSC, exploitation, internet allegations)
- White-Collar (fraud, embezzlement, forgery)
- Federal Crimes
- Juvenile
- Probation Violations
- Professional License Defense
Should I Talk to Police Before I Call a Lawyer?
In nearly every case: no. Even honest people can make statements that are misheard, misquoted, or taken out of context.
- Protect your rights: Say, “I’m invoking my right to remain silent. I want to speak with an attorney.”
- Avoid credibility traps: Stress, fatigue, and surprise can create inconsistencies that later hurt you.
- Coordinate safely: A defense lawyer can communicate with investigators, preserve favorable evidence, and prevent overreach.
If a Lexington officer or detective has contacted you, call (803) 649-5338 or contact us immediately so we can step in before harm is done.
Arrests, Bond, and First Appearances in Lexington County
After arrest, you’ll typically have a bond hearing. Judges consider charge severity, criminal history, ties to the community, work history, and any alleged victim input.
- Bond types: Personal recognizance (PR), surety/cash, or—rarely in lower-level matters—no bond.
- Conditions: No-contact orders, monitoring, travel limits, treatment, or check-ins.
- Review: If bond is denied or excessive, we can seek review in the Court of General Sessions.
To explore official county services and courts, see Lexington County’s portal at lex-co.sc.gov. For Town of Lexington information and departments, visit lexsc.com. Statewide court calendars, rules, and forms are at sccourts.org.
South Carolina DUI: What to Know
DUI prosecutions involve both criminal exposure and separate administrative (implied consent) consequences:
- Implied Consent: Refusing breath, blood, or urine after arrest can trigger a license suspension and ignition-interlock implications.
- Video & Instruments: Patrol/body-cam footage and Datamaster records (maintenance/calibration) often drive outcomes.
- Special categories: CDL holders and under-21 drivers face different thresholds and collateral risks.
For official driver-licensing guidance, consult the S.C. Department of Motor Vehicles: scdmvonline.com.
Drug Charges: Possession, Distribution, Trafficking
Outcomes hinge on the substance, weight, alleged intent, location factors, and search/seizure legality. We analyze:
- Stops & searches: Probable cause, consent validity, warrant scope, and any K-9 reliability issues.
- Possession theories: Actual vs. constructive possession; proximity to others; knowledge and dominion.
- Lab issues: Chain of custody, testing methods, contamination risk, and accreditation.
- Alternatives: Diversion, conditional discharge, or treatment options when available and appropriate.
Review controlled-substance provisions in the S.C. Code (Title 44, Chapter 53) via scstatehouse.gov.
Violent & Property Crimes
Allegations of assault, robbery, burglary, or weapon offenses carry significant exposure and often require urgent evidence preservation (surveillance, 911 audio, EMS reports, witness statements). In property crimes (theft, fraud, forgery), we focus on identity, intent, and the reliability of financial or digital records.
White-Collar & Professional Consequences
Accusations such as embezzlement, forgery, or public corruption can threaten licensure and employment. We coordinate the criminal defense with any parallel administrative, licensing, or civil issues to protect long-term interests.
Juvenile Defense
Juvenile matters emphasize rehabilitation but can still affect schooling, scholarships, and future opportunities. We address diversion eligibility, school code overlap, and sealing/expungement where available. For statewide juvenile court information, visit Family Court resources at sccourts.org.
Repeat-Offender Enhancements & Sentencing Exposure
Prior convictions can enhance penalties under South Carolina law. A careful audit—what counts, how priors are scored, and what can be challenged—can materially change risk and negotiation leverage. Track enacted statutes and updates at scstatehouse.gov.
Pretrial Strategy: Building a Lexington Defense
Our approach is proactive and evidence-driven:
- Lock down favorable evidence fast: 911 calls, dispatch logs, private/business surveillance, body-cam, vehicle data, and location metadata.
- Challenge unconstitutional policing: Suppression motions targeting Fourth/Fifth Amendment violations; Miranda enforcement.
- Audit the forensic “science”: Datamaster maintenance, blood-draw protocols, lab methodology, and chain-of-custody gaps.
- Leverage experts: Toxicology, forensic accounting, accident reconstruction, digital forensics, and mental-health professionals where appropriate.
- Negotiate from strength: We present mitigation (treatment, restitution, community support) and legal weaknesses to position you for dismissals or favorable reductions.
Diversion, Treatment & Alternative Resolutions
Depending on eligibility and prosecutor discretion, certain first-time or lower-level cases may qualify for diversionary paths or conditional discharges. With proactive steps—treatment enrollment, community service, employment verifications—we often secure second-chance outcomes. Statewide program guidance and court forms appear through the Judicial Branch at sccourts.org.
DMV & Collateral Consequences
Criminal charges can trigger license suspensions, SR-22 requirements, ignition interlock, and professional or immigration impacts. We coordinate the criminal case with administrative agencies to minimize collateral harm. For official license information, visit SCDMV.
Appeals & Post-Conviction Relief (PCR)
If you’re convicted, you may have appellate or PCR options—but deadlines are strict. We evaluate trial errors, evidentiary rulings, jury instructions, and constitutional issues, then file timely notices. Appellate rules and forms are available at sccourts.org.
FAQs: Lexington Criminal Defense
How long will my case take?
It depends on charge severity, discovery volume, lab timelines, and court calendars. Some misdemeanors resolve in weeks; felonies often take months.
Do I have to go to court?
For some misdemeanor settings, counsel may appear for you; most felony stages require your presence. We’ll map each date and prepare you for what to expect.
Should I accept the first plea offer?
Rarely. We test the State’s case, file motions, and present mitigation before advising on any proposal.
Can I expunge my charge?
Certain dismissals, acquittals, conditional discharges, and first-offense outcomes may be eligible. We’ll compare your facts to applicable S.C. expungement provisions.
Why Choose JJWLS for Lexington Criminal Defense?
- Goal-driven strategy: We align litigation and negotiation with what matters most—avoiding jail, protecting licensure, minimizing publicity, or seeking acquittal.
- Evidence focus: We scrutinize the State’s case, secure favorable evidence quickly, and deploy experts where they move the needle.
- Clear communication: Practical advice, realistic timelines, and specific next steps—no surprises.
- Local insight: Familiarity with Lexington County practices and expectations helps reduce friction and delay.
Talk With a Lexington Criminal Defense Lawyer Today
When your future is on the line, experienced counsel matters. The Lexington team at JJWLS is ready to step in quickly, protect your rights, and pursue the strongest resolution available.
Take control of your case today—call (803) 649-5338 or contact us for a free, confidential consultation. You can also learn more about our firm at Johnson, Johnson, Whittle, Lancer and Staggs.