What Happens if I Am Arrested in South Carolina?

//

Being arrested is an overwhelming and stressful experience. You may feel confused, anxious, or even frightened about what happens next. However, understanding the arrest process can help you protect your rights and make informed decisions.

At Johnson, Johnson, Whittle, Lancer and Staggs (JJWLS), we know how critical it is to act fast and wisely after an arrest. This blog will walk you through the steps following an arrest, your legal rights, and the best course of action to safeguard your future. If you or a loved one has been arrested, call our Aiken criminal defense lawyers immediately at (803) 649-5338 for experienced legal representation.

The Arrest Process

Arrests can happen in several ways:

  • During a police stop (such as a traffic stop).
  • At your home or workplace.
  • In a public setting when law enforcement believes a crime has been committed.

Understanding Probable Cause

Before making an arrest, police must have probable cause—a reasonable belief that you have committed a crime. In some cases, an arrest warrant issued by a judge is required. If officers arrest you without probable cause, your charges could be challenged in court.

Miranda Rights and Why They Matter

Upon arrest, police must read your Miranda rights, which include:

  • The right to remain silent: Anything you say can be used against you in court.
  • The right to an attorney: If you cannot afford one, the court will appoint one for you.

These rights are crucial because many people unknowingly incriminate themselves by speaking to the police without legal counsel. It is always best to stay silent and request a lawyer.

Image is of a man's hands sticking through the bars of a jail cell, concept of what happens if I am arrested in South Carolina

What Happens Immediately After an Arrest?

After an arrest, you will go through several steps, including being taken into custody, booked, and possibly questioned—understanding this process can help you protect your rights following an arrest.

1. Being Taken Into Custody

Once arrested, you will be transported to a police station or detention center.

2. The Booking Process

Booking involves:

  • Recording your name, fingerprints, and photograph.
  • Conducting a background check.
  • Possible interrogation (you have the right to remain silent—use it!).

3. Holding Cell or Jail Placement

After booking, you will be placed in a holding cell until your first court appearance. Depending on the charge, you may be released or required to post bail.

Your Legal Rights After an Arrest

Being arrested can be an overwhelming experience, but knowing your rights can make all the difference in protecting yourself and securing a fair legal process. The Constitution grants you several key rights after an arrest—understanding and exercising them wisely can impact the outcome of your case.

1. Right to Remain Silent

You are not obligated to answer any questions from the police. Anything you say, even casual remarks, can and will be used against you in court. The best course of action is to politely but firmly state, “I am invoking my right to remain silent and would like to speak with my attorney.”

2. Right to an Attorney

You have the absolute right to legal representation. If you cannot afford an attorney, the court must provide one for you. Having a skilled lawyer by your side can help you avoid self-incrimination, challenge improper police conduct, and build a strong defense from the start.

3. Right to a Phone Call

You are usually allowed to make at least one phone call after booking. This is your chance to contact a trusted family member, an attorney, or a bail bondsman. Be mindful, however, that jail calls are often recorded, so avoid discussing the details of your case over the phone.

Bail and Release Options

After an arrest, the court may allow you to be released while awaiting trial, but this often depends on whether you can post bail. Understanding how bail and bond work is crucial to securing your release as soon as possible.

1. Bail vs. Bond: What’s the Difference?

Bail is the amount of money set by the court to ensure you return for future hearings. If you can pay the full amount, you will be released, and the money will be refunded after your case concludes (minus court fees, if applicable).

Bond is an alternative for those who cannot afford bail. A bail bondsman can pay the amount on your behalf, but you will need to pay a percentage of the total (typically 10-15%) as a non-refundable fee.

2. Factors That Affect Bail Amount

A judge considers several factors when determining bail, including:

  • The severity of the charges against you.
  • Your criminal history, if any.
  • Whether you are a flight risk (i.e., likely to flee before trial).
  • Your ties to the community, such as employment and family obligations.

3. What Happens If You Cannot Afford Bail?

If you are unable to pay bail, you may be held in jail until your trial. However, you are not out of options. Your attorney can file a motion for a bail reduction, arguing that the amount is excessive or that you are not a flight risk. Additionally, some courts allow pretrial release programs, which may enable you to be released under supervised conditions.

Court Appearances and Legal Process

Your court appearances and the legal process following an arrest are crucial in determining the outcome of your case. Understanding each stage, from arraignment to potential trial, can help you make informed decisions and protect your rights.

1. Arraignment

This is your first court appearance, where:

  • Charges are formally read.
  • You enter a plea (guilty, not guilty, or no contest).
  • Pretrial Hearings and Evidence Review

Your attorney will review the prosecution’s evidence and may file motions to dismiss or suppress evidence if it was obtained illegally.

2. Plea Deals vs. Trial

Your lawyer will negotiate with prosecutors to secure a favorable plea deal if possible. If an agreement isn’t in your best interest, your case will proceed to trial.

Consequences of an Arrest

An arrest can have lasting consequences beyond the legal process, affecting your employment, driving privileges, and criminal record. Knowing these potential impacts can help you take the right steps to protect your future.

1. Impact on Employment

Background checks may reveal your arrest, potentially affecting job opportunities.

2. Driver’s License Suspension

DUI and certain other offenses can lead to license suspension.

3. Criminal Record

A conviction can have lasting consequences, but expungement may be an option in some cases.

What to Do if You Are Arrested

Knowing what to do if you’re arrested can make a significant difference in protecting your rights and building a strong defense. Staying calm, exercising your right to remain silent, and seeking legal representation are key steps to take.

  1. Stay Calm and Cooperate: Resisting arrest can result in additional charges.
  2. Exercise Your Right to Remain Silent: DO NOT answer police questions without your lawyer present.
  3. Contact a Criminal Defense Lawyer: The sooner you get legal representation, the better your chances of a favorable outcome.

Image is of a pair of handcuffs on a table next to a judge's gavel and scales of justice, concept of what happens if I am arrested in south Carolina

Call the JJWLS Criminal Defense Lawyers in Aiken Today

Being arrested can change your life, but knowing your rights and taking immediate legal action can make all the difference. At Johnson, Johnson, Whittle, Lancer, and Staggs, we fight tirelessly to protect our clients’ rights and build strong defenses.

If you or a loved one has been arrested, don’t wait—contact us at (803) 649-5338 today. Your future is too important to leave to chance.