Being arrested can be overwhelming, but knowing your rights can make a critical difference. In South Carolina, the arrest process must comply with both state and federal laws. Here’s what you should know:

1. Right to Remain Silent: Under the Fifth Amendment, you can refuse to answer questions that might incriminate you. Politely inform the officer that you wish to remain silent.
2. Right to an Attorney: You are entitled to legal representation. Request a lawyer immediately, even if you cannot afford one.
3. Search and Seizure Protections: Law enforcement must have a warrant or probable cause to search your property.

FAQs

Q: Can the police arrest me without a warrant?
A: Yes, if they have probable cause to believe you committed a crime.

Q: Should I resist an arrest if I believe it’s unlawful?
A: No. Resisting can lead to additional charges. Challenge the legality of the arrest in court.

Q: How do I get a public defender?
A: If you cannot afford a lawyer, request a public defender during your first court appearance.

Facing a legal challenge can be overwhelming, but Winslow Law is here to provide the calm, compassionate guidance you need. We’ll explain your rights, outline your options, and fight for the best outcome. Don’t hesitate—contact us immediately if you or a loved one has been arrested.