Legal Question in Criminal Law in South Carolina

My wife and I are both charged with criminal domestic violence and now both face conviction and heavy penalties. Our "confessions" were obtained by the police without being informed of our Miranda rights, and the police officer told us AFTER interrogating us that one or both of us had to be arrested because it is SC law. Can we have our "confessions" not allowed in court? What is our best route in avoiding conviction? Thank you so much in advance.


Asked on 9/10/09, 7:41 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Unless I can review all of the arrest papers, the Warrant, Statements, Police Report, Investigative Reports, Mianda Form, etc., I cannot give you concrete advise on the issue of your confessions. I can tell you however that if you were not properly Mirandized, that is, if you were not property read your Miranda Rights, at the right time and under the circumstances the law required that you were to be read those rights, then a Motion to Surppress can be made at trial.

As to your second question, that is, what your best route is to avoid conviction, that too would require reviewing all of the arrest papers and obtaining certain information from you. Right now I have no idea what sort of evidence they have, what your records are if any, I don't know if there were injuries and if so if they were visiable, I don't know if 911 was called and if so if they have a recording of it, I don't know what the neighbors said if anything, and the list goes on and on.

I am a criminal defense attorney and have been doing this for years and have handled many CDV cases. I can therefore tell you that there are oodles of things that a competent attorney would look at and consider in order to provide the best possible defense. In your case I simply have way too many questions to ask that I do not have answers to.

My office is in Myrtle Beach, Horry County. I accept cases state-wide. You are welcome to call if you have more question.

Robert Johnston

[email protected]

843-828-1137

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Answered on 9/15/09, 9:07 pm


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