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Home Chatting with Charlie Breaking Down Criminal Defense Legal Myths: What You Need to Know
When it comes to criminal defense, misinformation spreads fast — and believing the wrong thing can have serious consequences for your case. At The Williams Firm, our Orangeburg criminal defense lawyer often hear common myths that can mislead clients before they ever step into a courtroom. Today, we’re breaking down three of the most widespread misconceptions and setting the record straight.
Truth: In South Carolina, the decision to pursue criminal charges doesn’t belong to the victim — it belongs to the State or the Solicitor.
Even if a victim chooses not to cooperate, the prosecution can still move forward. A Solicitor can and often does prosecute cases without the victim’s participation, especially in cases involving domestic violence or public safety concerns. This is why it’s crucial to contact an experienced Orangeburg lawyer or Columbia criminal defense lawyer early in the process — before assumptions about your case put your future at risk.
Truth: Miranda rights only apply before a custodial interrogation — meaning when you’re in police custody and being questioned.
If you weren’t in custody at the time of your statement, or if prosecutors don’t intend to use your statement at trial, your case can still proceed. A skilled criminal defense attorney can evaluate whether your rights were violated and determine how that may affect your case. Don’t assume a technicality will lead to a dismissal — get the facts from a qualified Columbia SC lawyer or Orangeburg criminal defense law firm.
Truth: Without the right legal guidance and strategic mitigation, pleading guilty can sometimes lead to harsher penalties.
Judges consider many factors during sentencing, including your record, the nature of the offense, and the quality of your defense presentation. Before making any plea decision, it’s essential to consult with a criminal defense attorney who understands local court systems in Orangeburg and Columbia, SC. An experienced lawyer can negotiate effectively and help you understand all potential outcomes.
Misinformation in criminal defense can cause costly mistakes — from self-incrimination to accepting an unfair plea deal. At The Williams Firm, we believe that strong defense starts with real knowledge, not myths or assumptions. Whether you need an Orangeburg criminal defense lawyer or a Columbia SC law firm that fights for your rights, our team is here to protect your future and ensure you’re making informed choices at every step.
From accidents to arrests, we’ve got your back. Contact us today for a consultation and let us help you get the justice you deserve.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Viewing or engaging with this content does not create an attorney-client relationship. Every case is different.
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