Myrtle Beach Criminal Defense Lawyer

Criminal charges are frightening. Whether or not you did it, you are facing the potential loss of your freedom, reputation, and more. People may think contacting an attorney as soon as possible will make them appear guilty. However, two of the most important rights protected by the Constitution are the right to remain silent and the right to an attorney. Those rights help ensure people understand all of the potential consequences of speaking with the police and protect themselves from self-incrimination.

If you are arrested or know you are facing an arrest, contact a defense attorney as soon as possible. A Myrtle Beach criminal defense lawyer could help you understand the charges against you and work with you to develop an effective defense strategy.

Burden of Proof in Criminal Cases

In the United States, criminal defendants receive a presumption of innocence. Unfortunately, many people assume that someone charged with a crime must be guilty. The presumption of innocence often disappears in the reality of the courtroom setting.

One of a defense attorney’s most important roles is forcing the state to prove their case. Whether a defendant is factually guilty is not as important as whether the state can prove that guilt beyond a reasonable doubt. Assessing that information means examining the evidence the prosecution has against a defendant. Sometimes, a criminal defense attorney in Myrtle Beach could get dismissal of the charges by providing police with a verifiable alibi. Other times, they may use pre-trial motions to secure dismissal of the charges. It all focuses on what the state can prove.

The Importance of the Right to Remain Silent

Understanding the burden of proof helps people understand why the right to remain silent is essential. Once they identify potential suspects, police and prosecutors may develop tunnel vision. Their focus is on building a case, not necessarily finding the guilty party. The warning that anything said can and will be used against someone is accurate, and that includes statements that make someone appear guilty when used out of context.

A lawyer helps protect their client from self-incrimination by monitoring their conversations with police. Some conversations may be helpful, so completely refusing to speak to police may be counterproductive. However, a criminal defense lawyer in Myrtle Beach could ensure that any such conversations benefit a person, not just the police. They could halt interviews if they are not going well.

Pre-Trial Release

Making bail becomes a priority after an arrest. Being jailed while awaiting trial can have a devastating impact on a defendant’s potential outcome. They will usually lose their jobs, which can lead to losing their homes, being unable to care for their families and child custody ramifications. In addition, it means a defendant will be less able to participate in their defense.

A Myrtle Beach defense attorney will argue for a person’s pre-trial release. Since the purpose of bail is not to punish someone but to ensure they appear at trial, a lawyer does not have to show probable innocence. In most cases, all they have to do is convince the judge that the defendant is not a flight risk. When the prosecution is alleging a violent crime, an attorney may also need to demonstrate the defendant is neither a generalized risk nor poses a risk to a particular person.

Consult a Criminal Defense Attorney in Myrtle Beach

Choosing the right Myrtle Beach criminal defense lawyer can make the difference between freedom and a lengthy prison sentence. Most people have little experience picking defense attorneys. You may want to pick a firm that promises you a not-guilty verdict. No one can promise you that. Instead, look for a law firm that promises to do its best to make your situation better. For some defendants, that means securing a not-guilty verdict in court. For others, it may mean negotiating a favorable plea bargain.

Your attorney needs to focus on the specific facts of your case. By offering a free case evaluation, the lawyers at Price Benowitz could begin to give you fact-specific advice even before you choose to hire them. Schedule a consultation to learn more.

Myrtle Beach Criminal Defense Lawyer