When You're Accused of a Crime in South Carolina State Court or Federal Court
The criminal process varies depending on whether the charges against you are for a misdemeanor or felony offense, and whether you are in state court or federal court. Regardless of the charges against you, our attorneys are experienced in handling all criminal matters in both state court and federal court. While the process varies depending on the specific charges, the information outlined below provides an idea of how your criminal case may proceed.
When you think you are being investigated for a crime or if you have already been charged, talk to an experienced criminal defense lawyer. To learn more about how our Lexington federal court attorneys will help protect your rights through criminal proceedings, contact the Law Offices of Richard J. Breibart, LLC, online or by calling 866-645-8743.
Guiding You Through What Happens Next
Initial investigation. Most criminal cases begin with a complaint being made to a law enforcement officer. You might be interviewed during the investigation. Remember that you have the right to remain silent and the right to request to speak with a lawyer.
The arrest. After you are arrested, a government representative will investigate your background and will advise the judge whether you can be released on bail or should remain in jail.
Initial appearance or preliminary hearing. You'll then have an initial appearance, where the judge will advise you of the charges filed against you. The judge will also review preliminary evidence and determine if there is probable cause in the charges facing you.
Grand jury. In most serious felony cases, a grand jury will review the government's evidence to decide whether it is sufficient to require you to stand trial. If the grand jury finds the evidence to be sufficient, it will issue an indictment, which formally charges you with the crime. Depending on whether you're in federal or state court, this step may happen as part of the initial investigation or after your first appearance.
Arraignment. An arraignment typically follows an initial appearance or formal indictment. At an arraignment hearing, you enter a plea of guilty or not guilty. While it is rarely in a defendant's best interest, some individuals choose to plead guilty as part of a plea bargain, resulting in a more lenient sentence. Upon a not guilty plea being entered, a trial will be scheduled.
Pretrial proceedings. Before trial, there will be pretrial discovery proceedings, in which we will learn more about the witnesses and evidence against you. We will also file motions, asking for the court to rule on certain matters — such as suppressing evidence — before we go to trial.
Going to trial. The standard of proof in a criminal trial is proof "beyond a reasonable doubt," which means that at trial, the government must prove that the evidence against you is so strong that there is no reasonable doubt that you committed the crime.
If you are found not guilty, you will be released and the government cannot appeal or charge you with the same crime in the same court again. If you are found guilty, then a sentencing hearing is scheduled.
The sentencing process. Prior to sentencing, a presentence report will be created by a probation officer, making suggestions based on your background and your criminal charges. As your defense attorney, we will provide evidence to mitigate the recommended sentence or lessen the potential sentence.
A sentence may include prison time, a fine to be paid to the government and restitution to be paid to the victims. Supervision of offenders by probation officers also may involve services such as substance abuse testing and treatment programs, job counseling, and
alternative detention options.
To learn more about the specific process your case will entail, talk to our criminal process attorneys today by contacting us online or calling 866-645-8743. Someone is available to talk to you 24 hours a day, seven days a week. We serve the entire state, from Columbia to Seven Oaks.
