William G. Yarborough

Common mistakes to avoid during pre-charge investigations

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Facing a criminal investigation is undoubtedly upsetting. The weight of potential charges hangs heavily, and the uncertainty and fear people feel can lead to missteps. In South Carolina, pre-charge investigations are a critical phase where individuals must tread carefully.

During a criminal investigation, law enforcement agencies gather evidence, interview witnesses and assess whether there’s enough cause to file formal charges. What you say and do (or do not say or do) during this time matters greatly, so avoid these common mistakes to protect yourself.

Talking too much

When investigators show up or call, it’s natural to want to explain yourself or clear any misconceptions. However, remember your right to remain silent. Anything you say can be used against you, so choose your words carefully and don’t feel compelled to volunteer any information.

Failing to seek legal counsel

Waiting until you are actually facing charges to consult an attorney can be a serious mistake.  Working with a criminal defense attorney as soon as you feel you are under investigation means you do not need to interact with state or federal law enforcement agents alone. Further, they can provide guidance to help you make informed decisions.

Ignoring search warrants

Search warrants grant law enforcement access to your property. Do not obstruct their execution, but also don’t volunteer information. Take note of what’s seized and consult your attorney promptly.

It is also crucial to know that you do not need to allow police to come into your home or search your vehicle and other property without a warrant. Even if you feel you have nothing to hide, allowing a warrantless search can be a big mistake.

Underestimating the impact of social media

Posts, photos and messages on social media can be damning evidence. Refrain from discussing the investigation online and consider adjusting privacy settings. It is far easier than many people think for law enforcement agencies to access things you say, share or send online and use against you in court.

Believing cooperation guarantees leniency

Cooperating with investigators does not guarantee leniency. Even if an officer or agent tells you this, know that they can utilize numerous tactics during an investigation, including deception. Be cautious and consult your attorney before making any decisions or agreements with the police.

Remember, you have rights during a pre-charge investigation. To protect these rights, seek legal advice, remain silent and avoid these common pitfalls.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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