Under Arrest: How to Exercise and Protect Your Rights
The criminal justice system is designed to be intimidating. Police officers will do everything they can to garner a confession. However, everyone has constitutionally guaranteed rights, and exercising those rights after you have been arrested can go a long way toward minimizing the potentially harsh consequences of a criminal conviction. At The Law Offices of Marion M. Moses, LLC, our attorney has more than 18 years of criminal law experience, including time spent as a prosecutor. We are dedicated to helping you establish a strong defense against all criminal charges.
Steps to Take Following an Arrest
Everyone has seen movies and television shows where a character is informed that they have the right to remain silent. This is not just used for dramatic purposes. You do indeed have the right to remain silent, and it is perhaps the most important thing you can do when you have been placed under arrest. Silence is not an admission of guilt, and while you cannot talk your way out of trouble, you can certainly talk your way into bigger trouble.
You also have the right to an attorney, and you should ask for representation as soon as possible. Do not agree to questioning without having a lawyer present. An attorney can help protect your rights and ensure that you do not say something when being interviewed by police that could be used against you. Once again, exercising this right is not an admission of guilt and can only improve your situation, or at least prevent it from getting worse.
DUI Arrests and Search Warrants
If you are arrested for suspicion of DUI, you should assert the rights mentioned above. It is worth noting that although you can refuse to submit to a Breathalyzer test, you will immediately lose your driver’s license under South Carolina’s implied consent laws. Our attorney can assist you in quickly getting a valid license to drive after you have been arrested for DUI. Additionally, if your driver’s license is suspended for refusing to submit to a breath or blood test, our attorney will fight that suspension for you in our Administrative Law Court.
If the police ask to perform a search of your house or your vehicle, you do not have to grant them permission to perform the search unless they have a search warrant. If they do not have a warrant, send them away to get one. In the meantime, contact an attorney.
Arrested? Contact Us For Help.
If you have been placed under arrest, schedule a free consultation with us by calling our law offices in Columbia at 803-770-4483. You may also contact us online.
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Marion is extremely knowledgeable about the law. Super easy to work with and very professional.- Lance H.
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"Could not have been more pleased with the results!!!"
Mr. Moses and his staff went above and beyond for my case!! He was very honest and upfront from the very beginning. I would recommend him anytime! Could not have been more pleased with the results!!!- Pat G. -
Very friendly & professional, he definitely gets the job done. I definitely recommend & will be using him again for future cases!!- Shayy G.
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He fought diligently on my behalf and was always prepared, knowledgeable, and confident. He did extensive research on my case, which was so evident when we were in court. Not only was I impressed with his knowledge of the law, but also his rigorous/exhaust- Emily P.
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Marion also gave us a very studied opinion using his network of legal contacts on a separate case to keep us from wasting money on what would have turned out to be a losing effort.- Shelley K.
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Marion is an incredible attorney and I would recommend him to anyone.- Susan H.
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I highly recommend Marion to everyone. Everything from the initial consult through the dismissal was excellent. Marion and his staff were great with communication, follow-up, and every aspect of the case.- Ted B.
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Everything involving my situation was broken down to me in complete detail and not once was I left in the dark or did not know what was going on. Even though I don’t look forward to needing a lawyer again, if I do then I know exactly who to call.- Mitch T.
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Marian and Elizabeth were highly motivated, caring, and concerned that the legal needs of my loved ones were handled in a concise, lawful and just manner!- Trenay D.
Why Choose The Law Offices of Marion M. Moses, LLC?
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Attorney Marion M. Moses Works With You Directly from Start to Finish
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Committed to Giving Your Case the Genuine, Individualized Attention it Deserves
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Former State Prosecutor
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Extensive Experience Handling Criminal Cases from Both Sides of the Law
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Over 22 Years of Dedicated Legal Experience
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Former President of the South Carolina Association of Criminal Defense Lawyer (SCACDL)
