Darlington Criminal Defense Lawyer

Darlington Criminal Defense Attorney

Criminal charges cover a broad range of violations of law and their potential penalties. Criminal courts handle misdemeanors that might result in little more than some community service. They also handle serious felonies that could see a person put in prison for the rest of their life. In all these cases, though, there are key principles to uphold, like the presumption of innocence and the right to a fair trial. A Darlington criminal defense lawyer can secure your rights in a criminal trial.

It’s critical that those facing criminal charges are given the opportunity to exercise those rights and have a strong defense made on their behalf. It’s usually with the help of an experienced and established law firm, such as Axelrod & Associates, P.A., that you can count on a compelling defense being made for you. We make sure that our clients are represented with a defense that considers every option to avoid a guilty verdict.

Common Crimes in Darlington, South Carolina

There is a wide array of potential crimes that are committed and could be charged in Darlington. Like most areas, the crime statistics can change over time. Generally, though, the crimes that are found in Darlington and the rest of South Carolina fall into a few different categories, including:

• Property Crimes – These are crimes that damage or take someone else’s property. Offenses like burglary, vandalism, theft, and other similar violations are forms of property crimes.
• Drug Crimes – There are a number of different controlled substances, for which possession, distribution, and manufacture will result in criminal charges. Enforcement of these policies has increased as the impact of substance abuse has increased in society.
• Violent Crimes – Crimes that do harm to and injure someone are violent crimes. These generally include offenses like assault, sexual assault, manslaughter, and murder.
• White Collar Crimes – These are crimes that don’t necessarily cause direct physical harm or damage. Instead, they tend to involve a financial or technological element. These include embezzlement and fraud.

How a Darlington Criminal Defense Law Firm Can Help You

If you want to be certain that you are exhausting all options with your defense, it’s critical that you consider working with a Darlington criminal defense lawyer. Our job, though, doesn’t just begin with preparing your defense; there are many other ways in which we can help you during your case, including:

Protect Your Rights

Your defense attorney is responsible for protecting your legal rights, sometimes even before any charges have been made. You have rights, like being free from unlawful searches and seizures and avoiding self-incrimination. We can help you in asserting those rights and challenging any evidence collected in violation of these rights.

Investigate Your Case

Preparation of your defense often begins with an investigation of the circumstances surrounding the crime that you’re charged with. We can attempt to gather evidence that can be used in your defense. This could include facts, witness accounts, and even anything we need to use our power to subpoena to acquire.

Formulate Your Defense

We can then prepare a strategy for your defense. This includes being able to consider what the prosecution will argue. We want to identify any potential weaknesses in their case. We can consider any defensive strategies that make sense, given the facts of your case.

Represent You in Court

Our representation of you begins before the trial itself. In some cases, there may be a plea deal that’s offered and makes sense to consider. If that’s the case, we can represent you in those negotiations. There are also pre-trial hearings and the opportunity for various motions. If sufficient grounds exist, we can try to get the case thrown out altogether or at least some of the evidence that may not have been gathered or handled correctly.

If the case goes to trial, it’s our responsibility to represent you and advocate for you through the entire process. We can challenge the prosecution’s case and put forth an aggressive defense.

However, even the strongest of arguments sometimes fail to persuade a jury. If that’s the case, we can argue for a lighter sentence, and we may even be able to help with appeals if there are sufficient grounds for them.

Defending Against Criminal Charges

Defending against criminal charges is a process that can be wildly different from case to case, as a strong defense will be based on the facts of each individual situation. In some cases, the strongest defense might be a direct challenge of the prosecution’s claims to give the jury a reasonable doubt as to your guilt. This could even include an alibi if there is evidence for it.

In other cases, the stronger option for defense may be one that argues for a justification. In these situations, there may be overwhelming evidence that you committed the action in question, and it would be pointless to attempt to deny it. However, it might be argued that the action was justified because of the surrounding circumstances. Self-defense, which justifies a violent action because of impending danger, is an example of this kind of defense.

FAQs

Q: What Is the Difference Between a Felony and a Misdemeanor?

A: The primary difference between a felony and a misdemeanor tends to be the perceived seriousness of the crime. In most cases, misdemeanors are generally thought to be less serious crimes than felonies. For crimes that can be charged as either, such as assault, the actions of a misdemeanor assault are considered to be less dangerous and serious than a felony assault.

Where this difference has the most impact is in terms of sentencing. Misdemeanors tend to have lighter penalties, with the stiffest being relatively short jail sentences. Felonies, however, are much more harshly penalized, usually resulting in significant prison sentences.

Q: What Is the Burden of Proof?

A: The burden of proof in a criminal trial means that it is the responsibility of the prosecution to prove your guilt. A trial begins from the presumption that you’re innocent, and the prosecution must prove to the jury that you’re guilty of whatever the crime is that you’re accused of committing. They must convince the jurors of this beyond a reasonable doubt for them to return a guilty verdict.

Q: What Is the Statute of Limitations for a Crime?

A: A statute of limitations sets a deadline after which a crime can no longer be charged. Part of the thinking in this is that, after a certain period of time, the evidence that is involved in seeking a conviction is no longer reliable. In some cases, this may mean that the physical evidence is no longer available or has degraded to the point of being useless. Witness testimony can also become unreliable after time, as either memory degrades or witnesses with a differing account may have even died in the intervening time.

The statute of limitations for crimes is usually set in the law that defines the crime. There are, though, some crimes for which there is no statute of limitations, such as murder, some crimes against minors, or embezzlement of public funds. It’s worth noting that while there is no statute of limitations, the defense may still argue the unreliability of the evidence over time as a reason not to convict.

Q: What Is the Impact of Having a Criminal Record?

A: Having a criminal record can often be a tremendous obstacle for a person to overcome. It could have an impact on almost every aspect of a person’s life. It can often have a negative effect on a person’s employment, as it appears on background checks. A conviction may also prevent you from getting certain professional licenses. It could even keep you from getting into college if you are seeking certain educational opportunities.

A criminal background could also make it difficult to get credit, as many lenders will see it as evidence that you may not repay your loans.

There is also a social stigma that comes with being a convicted criminal that can negatively impact a person’s life. It can make new relationships difficult to navigate and change previous relationships with friends and even family.

A Darlington Criminal Defense Attorney Can Help

A criminal conviction can have an immediate and significant effect on someone’s life. Depending on the seriousness of the crimes, the legal penalties could be life-altering. The idea of a lengthy prison term is going to completely change the course of a person’s life. Even the lesser penalties, though, will have an impact. The reality of a criminal record will affect a person’s career, finances, and even personal life.

With so much riding on the outcome of a criminal conviction, it’s absolutely critical that you have a strong defense on your behalf. The surest way to get a quality defense is by working with a Darlington criminal defense law firm like Axelrod & Associates. We can put forth a formidable defense on behalf of our clients and offer every viable challenge that we can to the prosecution’s assertions. Contact us for help with your defense.