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What are my rights when arrested for CDV?

What are my rights when arrested for CDV?

If you are placed under arrest for any South Carolina Domestic Violence charge you have important legal rights that come into play immediately.

First and foremost: you have a right to remain silent. This is an important right and it is recommended that anyone being arrested exercise this right. Your silence cannot be used against you in Court later but your statements can.

You have a right to be promptly transported for any necessary emergency medical procedures or to the County jail. Although going to jail may not seem like much of a right in some countries defendants are routinely held by the police for extended periods of time before being formally processed.

You have a right to be advised of the charge(s) against you. If you are being charged with CDV 1st you may receive this on a uniform traffic citation. If you are being charged with CDV 2nd (or 3rd) or DVHAN then this will come to you on an arrest warrant. You have a right to be notified and receive a copy of what is called your "charging documents."

You have a right to be taken in front of a judge and to be receive a bond allowing you to be released from jail pending the trial of your case. Bond Court must convene according to a regular schedule: and if a special session is held for any reason (for the Sheriff's cousin for example) then everyone waiting for Bond setting in the jail can participate.

Once your bond is set and you are released from jail your attention should then turn to resolving your CDV charge. All defendants charged with any level of CDV in South Carolina have a right to counsel, right to a jury trial, right to pre-trial discovery, right to cross examine the State's witnesses, right to subpoena their own witnesses and the right to be presumed innocent of all charges.

Knowing a CDV defendant's rights and properly implementing them are the foundation of a legal defense. The Law Office of James R. Snell, Jr., LLC defendants clients charged with CDV in Lexington, Columbia and all surrounding areas. To receive a confidential and no-cost initial appointment with our office call 1-888-301-6004.


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