Questions about Criminal Defense

If I’m facing criminal charges, are there laws that protect me from speaking to the authorities about them?

If you have been arrested for a criminal offense, the law enforcement officer will, or should, read you your Miranda rights in which you have the right to remain silent. In some cases, your statement at the time of arrest or during interrogation can work against you and may be damaging to your defense. However, if you are unsure, remain silent until you have the opportunity to confer with a criminal defense attorney. The authorities are bound by law to grant you the right to have an attorney present during communication and interrogation sessions.

What is the difference between a misdemeanor and a felony?

In general, misdemeanors are less serious in nature than felonies. Although punishment for a misdemeanor may still include a heavy fine and prison time, it is much less than what you would receive if you are convicted of a felony. Felonies can include spending decades of your life in prison.

Examples of misdemeanors may include shoplifting, reckless driving, domestic violence, drug possession, driving with a suspended license, a first DUI offense, and more. Examples of felonies may include grand theft, drug trafficking, aggravated battery, robbery, murder, dealing in stolen property, and more.

If I’ve been accused of a felony, is it possible to get it reduced to a misdemeanor?

Getting a felony reduced to a misdemeanor is possible, but depends on several factors. The biggest factors include the crime itself and the damages. Also important are your criminal record, the evidence against you, your attorney’s strategy and more. Your attorney should aggressively defend you against any criminal charge and help you move on with your life.

Am I a candidate for having my criminal record sealed or expunged?

If you have been arrested, but have not been convicted or have no previous criminal record, you may be eligible to have your criminal record expunged. Certain criminal offenses are expungeable after a few years, even after a conviction. Contact McWhirter, Bellinger & Associates to find out about your particular case.

How can I get my criminal charges dropped?

If the arresting officer made an error, or your rights were violated in any way during the arrest or holding period, there is a chance that the charges may be dropped. Also, if the prosecution does not have enough evidence to move forward, or if the evidence is unreliable or obtained through questionable methods, the state may withdraw the charges. Charges may also be dropped if this is your first criminal offense.

If you have questions about criminal defense and are in the Columbia, Lexington, Orangeburg, Sumter, Camden, Aiken, or Newberry, South Carolina area, please contact the experienced criminal defense attorneys at McWhirter, Bellinger & Associates, P.A. today.