If you have been arrested or implicated in a crime, (such as a drug charge, traffic violation, or DUI) you are facing a challenging time in your life and a challenging road ahead. A misstep with the criminal justice system could have a dramatic effect on your life and the lives of those around you – unfortunately mostly on the ones you love. Contact a Rock Hill criminal defense attorney today.
You know that you need assistance in making decisions that will impact you both now and in the future. You need a strong advocate by your side to provide legal guidance and to help you make the best of the situation you are in.
The people we represent notice the difference that kind of dedication makes. For example, one of our past clients wrote about their experience with our law firm:
“Gary took his time to help me out in a very complicated situation. His advice in hindsight was spot on and his knowledge of the law is priceless.”
How Our Rock Hill Criminal Defense Lawyers Help Our Clients
Criminal charges can raise lots of questions. You deserve straightforward answers from lawyers who know the local courts. Our criminal defense attorneys handle every stage of the criminal cases we accept, from initial conversations through resolution, with the same attention to detail and open communication that has defined our firm since 1977.
Here are some examples of what we can do to help you:
- Review the charges against you and explain what they mean in plain language, so you understand exactly what you’re facing
- Dig into the facts and look for weaknesses in the prosecution’s evidence
- Assess whether your rights were violated by law enforcement conduct, searches, or seizures
- Speak and negotiate directly with prosecutors to pursue reduced charges or favorable resolutions when the facts support it
- Prepare motions and arguments as appropriate to exclude improperly obtained evidence
- Represent you in hearings, negotiations, and court proceedings as necessary
- Explain early on what the consequences of the charges against you could mean for your job, your license, your driving privileges, and your reputation
- Prepare a sophisticated defense strategy that fits your goals and the specific facts of your case
After an arrest or criminal charge, it is normal to experience fear, confusion, and uncertainty about what comes next. That is especially true when jail time, fines, or a permanent record are possible. We are here to reduce that uncertainty by answering your questions clearly and keeping you informed at every stage.
Our attorneys provide a unique combination of courtroom experience, careful case preparation, and client-focused communication to give you steady support when you need it most. If you are facing criminal charges in Rock Hill, contact us now for a consultation. Our team can help you explore your options, protect your rights, and pursue the most favorable outcome possible for your situation.
Our Criminal Defense Lawyers in Rock Hill, SC Are Here to Help
At McKinney, Tucker & Lemel LLC, we believe that there is no substitute for experience when it comes to choosing a criminal defense lawyer to defend you in a criminal case. Our attorneys have decades of experience in handling criminal cases that involve our clients’ lives and liberty, in Rock Hill, Fort Mill, and the rest of York County.
What happens to you matters to us. Our South Carolina criminal law attorneys fight for the rights and the future of our clients.
Criminal Charges We Defend in Rock Hill
At McKinney, Tucker & Lemel LLC, our Rock Hill criminal defense attorneys have extensive experience representing individuals charged with a wide range of criminal offenses in Rock Hill and surrounding areas of South Carolina. Some examples of the types of criminal charges we can help you build a defense strategy to fight include:
Felony Cases
Felony criminal charges involve offenses that carry sentences of multiple years in prison. Felony offenses include more serious and violent crimes under South Carolina law, such as:
- Homicide
- Robbery
- Burglary
- Grand larceny
- Arson
- Kidnapping
- Drug trafficking and distribution
- Aggravated assault and battery
- Criminal sexual conduct
- Unlawful use of a weapon
- Possession of a weapon for an unlawful purpose
- Unlawful possession of firearms
Many felonies fall into one of six classes under South Carolina law, ranging from the least serious Class F felonies, which carry a maximum sentence of five years in prison, to Class A felonies, which carry a maximum sentence of 30 years in prison. South Carolina law categorizes some felonies as exempt because the offense’s statute specifies the applicable sentence, such as murder, manslaughter, or first-degree burglary.
Misdemeanor Cases
Misdemeanor offenses include crimes less serious than felony offenses. They carry sentences that may include fines, probation, or jail time. Common misdemeanor cases include:
- Simple assault
- Petty theft
- Shoplifting
- First-time DUI
- Simple possession of marijuana
- Trespassing
- Disorderly conduct
South Carolina law categorizes many misdemeanor crimes into classes, ranging from Class A for the most serious offenses to Class C for the least serious. Like felonies, the law classifies some misdemeanors as exempt when the statute specifies the sentencing range for the offense.
Traffic Violations
Our firm also has extensive experience counseling drivers facing traffic citations in South Carolina, such as:
- Speeding
- Failure to yield the right of way
- Running red lights or stop signs
- Following too closely (tailgating)
- Unlawful passing
- Passing a stopped school bus
- Failure to signal turns or lane changes
- Seat belt violations
- Driving in an improper lane
We also represent drivers facing more serious traffic offenses, such as leaving the scene of an accident or reckless driving, for example.
Our attorneys can help drivers understand and address the consequences of a traffic violation, including fines, points on their driving record, and increased auto insurance premiums.
What Happens After an Arrest in South Carolina?
When police arrest someone in South Carolina, they will likely take them to the police station. At the police station, officers will put the arrestee through the booking process, which includes taking the person’s photograph and fingerprints.
Officers will also search law enforcement databases to see if an arrestee has any outstanding warrants or detainers issued by other law enforcement agencies or courts. After a DUI arrest, police will also conduct a breathalyzer test at the police station or take the driver to the hospital for a blood draw under South Carolina’s implied consent law.
Depending on the severity of charges, an arrestee may have to appear in court for a mandatory bond hearing within 24 hours. At the bond hearing, a judge will decide whether to release the defendant and set the conditions of release, including a financial bond. The defendant will also soon have to make a formal first appearance at an arraignment, where the court will inform the defendant of the charges, take the defendant’s initial plea, and advise the defendant of basic rights, including the right to counsel. The court will confirm whether the defendant has or wants legal counsel and whether they qualify for a public defender.
Defense Strategies in Criminal Cases
Different kinds of criminal charges can give a defendant different defense options. Some of the most common examples of defenses used in criminal cases include:
- Lack of intent – Many criminal offenses require a defendant to act with a certain intent or state of mind, such as willfully, knowingly, or recklessly. A defense may contend that the defendant did not act with the required intent for the charged offense or did not intend to commit a crime.
- Lack of possession – In cases involving drugs, firearms, or other contraband, a defendant may argue that they did not have actual or constructive possession of the items.
- Self-defense – For cases involving violent crimes, defendants may assert that they merely defended themselves or others from aggression or threats posed by the alleged victim.
- Mistaken identity – Criminal defense strategies may seek to undermine the reliability of victim or eyewitness identification and argue that victims or witnesses mistakenly identified the defendant as the perpetrator. A defendant may highlight factors that could have negatively affected a victim’s or witness’s perspective or argue that police used improper identification procedures.
- Alibi – Defendants may raise an alibi defense, arguing that they were elsewhere when the crime occurred.
Defense strategies may also focus on challenging the admission of evidence in the prosecution’s case. A defendant may argue that police unlawfully obtained evidence in an illegal search or wiretap or an improper interrogation. If police obtain evidence by violating a suspect’s constitutional rights, the court can exclude the evidence from trial. As a result, the prosecution may not have sufficient evidence to prove a defendant’s guilt beyond a reasonable doubt.
Why Local Court Experience Matters
You can best protect your rights and interests after an arrest by getting help from a criminal defense attorney with extensive experience in the local courts presiding over your prosecution. Local court experience matters in criminal defense because a court may have unique local rules and procedures that apply to your case. Not knowing or failing to follow the rules could harm your defense.
The local criminal defense attorneys from McKinney, Tucker & Lemel LLC have extensive familiarity with the court procedures that apply to your case. Our local criminal defense lawyers also have established working relationships with prosecutors, court staff, and judges who handle criminal cases in Rock Hill.
Local court experience means our defense attorneys understand how prosecutors pursuing your charges think and prepare cases, which can be essential to building a tailored defense strategy. Having professional relationships with court staff and judges can help move your case along and avoid unnecessary delays.
Our defense attorneys also have a deep understanding of the local community whose members serve on juries. That familiarity can also help build an effective case strategy aimed at pursuing the best possible outcome under the circumstances of your case.
What Should I Bring to My Consultation?
At your initial consultation with the legal team at McKinney, Tucker & Lemel LLC, you should bring certain documents we can review to begin assessing your case and advising you on your legal options. Some examples of things you should bring with you to your consultation include:
- A copy of your citation, criminal complaint, indictment, or other charging document in your case
- Copies of any police or incident reports
- Any documents provided to you by the police upon your release from jail
- A copy of the notice to appear with the time, date, and location for your initial appearance
- Any other documents received from the court
- Records relating to any other pending charges or past criminal offenses and traffic violations
- Contact information for any potential eyewitnesses or alibi witnesses
- Any photos, videos, documents, electronic records, or other materials that may provide evidence for your case
- Your government-issued photo ID (for example, your driver’s license or passport)
- A list of questions that you may have about your case and our services
We can help you understand what specific charges you face, the potential penalties associated with the offenses, and what to expect during your case. We can also tell you about our legal experience and how we handle criminal cases. Our criminal defense attorneys will take the time to answer your questions so you feel comfortable trusting us to help you fight your charges.
Can Criminal Charges Be Dropped?
After getting arrested for a crime in Rock Hill, you may wonder whether you can get your criminal charges dropped. For example, you may think that prosecutors will drop charges if the alleged victim no longer wants the case to continue. However, the decision to drop criminal charges remains solely within the discretion of the prosecution and the court.
Prosecutors may drop charges when they determine they lack sufficient evidence to obtain a conviction. For example, when key witnesses refuse to testify or change their story, the prosecution may decide not to move forward with criminal charges.
Prosecutors may agree to drop charges after a defendant successfully moves to suppress key evidence in the state’s case. The prosecution may also drop some charges as part of a plea agreement, dropping more serious charges in exchange for a defendant pleading guilty to lesser charges.
A defendant may file a motion to dismiss charges because the prosecution lacks sufficient evidence. If the court grants the motion, the prosecution may elect not to refile the charges and drop the case if it cannot obtain additional evidence to bolster the state’s case.
What Should You Do If Arrested or Charged with a Crime in Rock Hill or Surrounding Areas?
If you are arrested or charged with a crime, talk to an experienced criminal lawyer near you at our Rock Hill, South Carolina law offices as soon as possible, before saying anything to the police or prosecutors. The police, prosecutors and judge will not and cannot give you legal advice. If you try to go it alone, you are really on your own. In most cases, you have better options than just pleading guilty and accepting the consequences.
If you are thinking of pleading guilty to a criminal charge, consider talking first to the criminal defense lawyers at McKinney, Tucker & Lemel LLC, so you can understand the long-term consequences of doing so and be aware of other options that may be available to you.
For example, a college student who pleads guilty to alcohol offenses may lose their scholarship or be suspended. A person who pleads guilty to a driving offense may have their driver’s license suspended. A guilty plea for some crimes may impact one’s ability to own certain property or travel.
When a person goes to court without a lawyer at their side, they may not realize just how dramatically the odds are stacked against them. Police officers and prosecuting attorneys are trained to know the system and they are not on the side of the defendant. The judge is a neutral party. A judge can’t advise someone when they are making a bad decision and is not under any obligation to let a defendant know about other options they may have.
There is no such thing as “guilty with an explanation.” By pleading guilty, you are waiving your rights and will be convicted. Once you plead guilty, they turn the power over to the judge to determine punishment, regardless of what explanation might be offered. Sometimes the “explanation” makes matters much worse.
If you have been charged with a crime, you need to talk to experienced defense attorney who can assess your case, guide you through the process, lay out your options, with the risks and advantages of each, and help you come to a solution. Our Rock Hill criminal defense law firm makes this process easy for you to relieve some of the stress that you may have as a result of this experience. In some cases, a guilty plea may be the best option, but in that case, we have years of experience in negotiating plea deals with prosecutors.
