William G. Yarborough

What happens after an arrest for assault?

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Apart from physically hurting someone, any attempt or threat to injure someone may fall under assault in South Carolina. Assault charges can result in months of hearings, fines and even jail time but do not always lead to a conviction. The events that follow an arrest can be confusing, but knowing what to expect may help you navigate the complex legal system.

Arrest

In most assault cases, the perpetrator is first arrested and then processed through the public law enforcement system. The police will take your fingerprints, interview you and document what happened.

Arraignment

After processing, you should receive a date for your arraignment or initial hearing, where you will assume the role of defendant. At your arraignment, the court will read the charges against you, and may offer bail or impose restrictions. During this hearing, you must also enter a guilty or not guilty plea. If you have an attorney, they can attend and enter a plea in your place.

Preliminary hearing

After your arraignment, your case can proceed to a preliminary hearing, a process similar to a minitrial where testimony and supporting evidence must be given. This procedure might help you evaluate the weight of the evidence against you.

Many cases end during the preliminary hearing. Below are some reasons why the judge may dismiss your charges:

  • Insufficient evidence
  • Lack of reasonable cause
  • Unlawful stop or search
  • Failure to read Miranda rights
  • Unavailable witnesses

Trial

If your case goes to trial, the prosecution will argue why you are guilty and present their evidence. It will also be your chance to disprove their claims. You will get a verdict of guilty or innocent at the end of your trial.

If the court declares you guilty, it can hand down your sentence immediately or at a later time. Keep in mind that if your actions caused someone to suffer injuries, they might pursue a civil case against you. That would entail a whole other process and penalties.

Legal proceedings for assault in South Carolina are complicated. Moreover, how you deal with things can either make or break your case. No matter how overwhelming your situation is, do not let anyone force you to make a decision and assert your rights when you need to.

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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