Legal Question in Criminal Law in South Carolina

Re: Miranda Rights

You ask a good question. But be carefull of what you see on TV. It works like this. The police are not under any obligation to read a person their Mirana Rights. In most cases they do not. All the says, is that once you have been arrested, then any thing you say can be used againt you in court. That is what the Miranda Warnings amount to. However, in most cases the police do not need to use any of your statements againt you, as they feel that they have all of the evidence that they need. So if they didn't read you your rights, then they cannot use any of your post-arrest statements in court. That's all that it means. As far as your options, I really don't know enough of your particular case such as what kind of evidence they have or don't have, what your record is, etc. I can tell you this. A lot of these type charges qualify for certain programs that are alternatives to prosecution. These are sometimes the best way to go since depending on the particular case, its possible to have the criminal record for the case cleared. This is also referred to as Expunged. Your welcome to call or email me at [email protected] for any other questions. My firm is in Horry County. Robert Johnston