How Does Criminal Defense Work in South Carolina?
What Does A Criminal Defense Attorney Do in South Carolina?
Criminal defense attorneys represent people who have been accused of crimes. Their primary objectives are advising defendants throughout the legal process, ensuring that the client’s rights are protected. The criminal defense attorney will be working to get charges against the defendant lowered or dropped altogether.
A defense attorney will:
- Negotiating to lower or drop charges against the defendant
- Conducting a pre-trial investigation including interviewing police, involved parties and witnesses
- Evaluating evidence against the defendant to make sure it was obtained legally
- Obtaining expert witnesses such as medical specialists, private investigators or polygraphists to testify on the defendant’s behalf
- Negotiating with prosecutors to minimize penalties
Criminal lawyers examine the case against the defendant from all angles, searching for evidence that police may have missed, or for signs that the defendant was treated unfairly by the justice system. Having someone on your side who is protecting your legal rights can mean the difference between a harsh sentence and little to no penalty.
How Much Does It Cost To Hire A Criminal Defense Attorney in South Carolina?
If you cannot afford to hire an attorney and are facing charges that threaten to place you in jail for six months or longer, it is your legal right to have one provided to you at no cost. If you do not fit these qualifications for free representation, you will have to pay to hire a lawyer.
If you are required to pay for a lawyer, there are several costs you can expect to encounter the following costs:
- Consultation fee – Most all criminal defense lawyers give free consultations, but there are some who charge a consultation fee.
- Retainer fee – Most attorneys charge a retainer fee for you to acquire their services. The retainer fee is based on the cost of the number of estimated hours of work. Retainer fees can range from $1,000 or much more based on the severity of the charges. Some lawyers charge a flat fee for certain offenses such as DUI, so you will know upfront how much it will cost. When speaking to an attorney, ask about the fee structure so you get a clear picture of how much you will spend.
How Much Does a Criminal Defense Attorney Cost in North Charleston?
There is no standard price. A criminal defense lawyer’s fee in North Charleston depends on the charge and the court that will hear it, how far the case goes, how much evidence has to be reviewed, whether outside testing or analysis is needed, and whether the case is resolved before trial or goes to a jury.
A charge in the Court of General Sessions usually moves through several stages, from the bond hearing and a possible preliminary hearing to indictment, a first appearance and then a plea or trial date, and each stage takes preparation. Body-camera video, lab reports and witness statements also take time to review. Ask any lawyer what the fee covers and whether a trial would cost more. Deaton Law Firm offers a free consultation, so you can learn what your case is likely to involve before you commit.
What Does a Drug Possession Attorney Cost in South Carolina?
It depends on the case. The main cost drivers are the charge (simple possession, possession with intent to distribute or trafficking), the court that hears it, any prior drug record, whether the stop or search can be challenged, whether the lab results need review and whether the case goes to trial. A useful quote starts from those facts.
Simple possession, possession with intent to distribute and trafficking are separate offenses under S.C. Code § 44-53-370, and trafficking is graded by the quantity involved, so the charge shapes the work from the start. A person with no prior drug conviction who pleads guilty to or is found guilty of simple possession may be eligible for conditional discharge under § 44-53-450, which ends in dismissal if the court’s terms are met; it carries its own statutory fee and can be used only once. See our drug crimes defense page for more.
Deaton Law Firm, LLC serves clients who need a criminal defense attorney in the Charleston area from offices in Goose Creek and North Charleston.
The Deaton Law Firm, located in North Charleston, South Carolina, has the experience to successfully defend a criminal case. Contact the Deaton Law Firm for a free consultation and together we will examine the options for a positive outcome in your case.
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Laws change and every case turns on its facts. Consult a licensed South Carolina attorney about your situation.