The Woods Law Firm

Pulled Over by Police? Understand Your Rights

Mon, 16 Sep 2019 20:21:00 GMT

Pulled Over by Police? Understand Your Rights

If you are driving down the road and notice the blue and red flashing lights in your rear view mirror, it is a frightening experience. While most of the time being pulled over results in just a warning, or at worst, a ticket, it is still important to be careful and understand your rights. Every time a police officer pulls someone over, they are looking for potential violations of the law. With this in mind, you should understand what your legal rights are and how to keep yourself safe both physically and legally.

Right to Privacy

The police do not have the right to search your vehicle unless they have probable cause to believe that you have something illegal in the car. If you have drugs easily visible, for example, that would be considered a valid reason for searching the vehicle even if you don’t consent. The police are permitted to ask you for permission to search your vehicle, but you absolutely do not have to grant them permission and it is in your best interest to refuse consent. Of course, if the police decide to search anyway, you should not try to physically stop them. Just make sure that you state that you do not give your consent, and then fight the injustice in court.

Right to Remain Silent

When you are pulled over, the police will typically ask you a number of questions while you are getting your license and insurance information. You do have the right to remain silent, though that will typically only serve to aggravate the officer. If they ask your name or other information that they will have anyway, it is acceptable to answer. If they ask you how fast you were going, or any other potentially incriminating questions, it is best to either say you don’t recall or that you would prefer not to answer.

Never Fight with the Police

No matter what legal rights you technically have, you do need to keep in mind that the police are a well-armed force that can summon huge amounts of backup in just minutes. If you get into a physical altercation with the police, you absolutely won’t win. No matter what type of violations of your rights the police attempt, don’t try to stop them physically. Make it clear that you don’t consent, and then try to remember everything that happens. This information can be helpful when working with an attorney to take the police to court.

Fighting for Your Legal Rights

If you have been harassed or otherwise mistreated by the police, it is important that you fight for your rights through the courts. The police often think that they can get away anything because people don’t stand up for their rights. Contact us to discuss your situation and see what your options may be.

4 Reasons Why Misdemeanors Are Serious

Tue, 13 Aug 2019 19:16:00 GMT

4 Reasons Why Misdemeanors Are Serious

If you are arrested and charged with a misdemeanor, you need to take the situation very seriously. These charges aren’t something that you want to just plead guilty to and try to move on with your life because they can have a lasting impact in ways you have likely not thought of. An aggressive defense today can help protect you from problems for years to come. Read on to learn about some of the reasons that you need to take misdemeanor charges very seriously.

Serious Consequences

If you are convicted of a misdemeanor you may assume that the penalties will be fairly minor, such as a small financial fine. The reality is, however, that the judges typically have a huge amount of leeway on penalties, and what they assign can vary drastically based on many factors. Depending on what the charges were, you could get anything from a small fine to having to pay thousands of dollars and spend countless hours performing community service. It is also possible that you could lose your driving privileges, or even go to jail (see below!). You don’t want to have such serious penalties left to the whims of a judge!

Visible on Background Checks

One of the biggest misconceptions about misdemeanor convictions is that they won’t show up on background checks. In reality, most misdemeanor charges will be visible on your police record for the rest of your life. In today’s world, background checks are run on people for many reasons including when they want to volunteer at their children’s school, coach a sporting team, and of course, when trying to get a job.

Direct Impact on Job Prospects

Most employers today will run a background check on potential job candidates to see what they find. While a misdemeanor charge may not appear serious to you, imagine looking at it from the point of view of an employer. If they have multiple qualified candidates, it is unlikely that they will hire someone with a conviction on their record when they don’t have to. Some employers will even terminate someone’s employment should they get convicted of any crime!

Potential Jail Time

As mentioned above, one of the penalties that a judge can assign for a misdemeanor conviction is jail time. The length of jail time will depend on what the charges were, other details on your record, and (unfortunately) how the judge feels about you personally. Jail time can range from nothing at all up to 6 months or more behind bars!

We will Help You Fight for Your Legal Rights

If you are arrested and charged with a misdemeanor, you need to take the situation extremely seriously. Having an experienced defense attorney working on your behalf is critical for getting a not-guilty verdict, or even having the charges dropped entirely.

A Warrant Has Been Issued for Your Arrest: 3 Steps to Take Immediately

Mon, 05 Aug 2019 17:43:00 GMT

A Warrant Has Been Issued for Your Arrest: 3 Steps to Take Immediately

An arrest warrant is a warrant provided to a law enforcement official by a judge in a court of law granting that law enforcement official the right and duty to arrest a person of interest in connection with a crime.

In a court of law, a warrant of arrest is acquired by presenting a judge likely to arrest the suspect. If there is any relevant evidence that can be submitted to the judge when applying for an arrest warrant to speed up the process, it should be disclosed. That is why, before applying for an arrest warrant, many officers or prosecutors ensure that they have probable cause and at least two pieces of evidence to present to the judge.

Most commonly, arrest warrants are required when a crime is committed from a police officer’s perspective. If, in view of a police officer, a crime is committed then an arrest can be made without a warrant. If your arrest warrant is real, it’s better to turn yourself in than wait for the police to pick you up. The courts will think that if you turn yourself in, you’re a more responsible person. If you have a bail hearing, this may improve your chances of being allowed to return to the community.

1. Talk to a criminal lawyer

It can be very stressful to find out that there is an outstanding warrant for your arrest. An attorney can help you find out the warrant details. When you turn yourself in, a lawyer can tell you what might happen. If you are arrested and held in custody, a lawyer can help you plan what to do. A lawyer can also help you think of a release plan and a possible safeguard. When you turn yourself in, your lawyer may even be able to come to the police station with you.

2. Prepare to turn yourself in

The police may not allow you to leave after you turn yourself in. Prepare to be held in custody for a bail hearing before you go to the police station.

Do not bring any personal property that you are unwilling to leave with the police to the police station. If you are not released immediately, your personal property will be held by the police until you receive bail, allowing someone to pick up your property.

Don’t take your car with you. You might want somebody to give you a ride to the station. If you don’t bring your car, you won’t have to arrange to move it if you’re not released

Write down family or friends’ telephone numbers that would be willing to be a guarantee for you. You may not get bail if you don’t have a security. A guarantor is someone who agrees to oversee you while you are on bail in the community. Your assurance is your responsibility.

3. Turn yourself in

Turning yourself in is better than waiting for the police to pick you up. The courts are more likely to think that if you turn yourself in, you are a responsible person. If you have a bail hearing, this may improve your chances of being allowed to return to the community.

South Carolina DUI Checkpoints: What You Need to Know

Tue, 30 Jul 2019 20:01:00 GMT

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7 Questions About Assault Charges in South Carolina

Fri, 14 Jun 2019 13:28:00 GMT

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10 Fast Facts About Arson Charges in South Carolina

Fri, 14 Jun 2019 12:51:00 GMT

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