CRIMINAL DEFENSE ATTORNEY

If questioned by police it is important to exercise your constitutional right to remain silent and request to speak with a criminal defense attorney. Miranda Warning refers to the constitutional requirement that once an individual is detained by the police, there are certain warnings a police officer is required to give to a detainee. The requirement to give Miranda warnings came from the Supreme Court decision, Miranda v. Arizona where the Court held a defendant cannot be questioned by police in the context of a custodial interrogation until the defendant is made aware of the right to remain silent, the right to consult with a criminal defense attorney and to have the attorney present during questioning.

Miranda warnings stem from the 5th Amendment privilege against self-incrimination and the 6th Amendment right to counsel. Without a Miranda Warning or a valid waiver of the Miranda rights, statements made may be inadmissible at trial under the exclusionary rule which prevents a party from using evidence at trial which had been gathered in violation of the United States Constitution.

An accused defendant has the right NOT to answer questions from police by exercising the constitutional right to reamin silent. If you have been arrested or if you are under investigation for criminal activity it is important to speak with a criminal defense attorney before speaking with the police. If you are questioned by police it is important to exercise your constitutional right to remain silent and contact a criminal defense attorney as soon as possible.

What Are Your Miranda Rights?


You have the right to remain silent.

Anything you say can and will be used against you in a court of law.

You have the right to an attorney.

If you cannot afford an attorney, one will be appointed for you.

CRIMINAL DEFENSE LAWYER

The purpose of the attorney-client privilege is to encourage open communication between clients and lawyers. This helps lawyers advocate effectively for clients and prevents attorneys from revealing information provided to them by their clients.  While the attorney-client privilege is a formal rule that prevents an attorney from testifying about a client’s statements, the duty of confidentiality covers any discussions about a client’s case. A lawyer must keep this information private if it is related to their work for the client. 

The 4th Amendment to the U.S. Constitution protects citizens’ right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. The exclusionary rule requires courts to suppress evidence obtained through an unlawful search or seizure. Any evidence derived from illegally obtained evidence must also be suppressed. This type of evidence is known as “fruit of the poisonous tree.” d.

Once in police custody and charged with an alleged crime, a defendant could be released from incarceration by posting bail or obtaining a bond. Bail is the money a defendant must pay in order to get out of jail. A bond is posted on a defendant’s behalf, usually by a bail bond company, to secure his or her release. A judge determines the amount of bail based on factors such as the severity of the alleged crime, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial. Factors that might be favorable to granting bail include a lack of prior criminal history and ties to the community. 

Travis Newton Law Firm has defended thousands of clients in South Carolina Summary and General Sessions Courts. Travis Newton has presented oral arguments before the South Carolina Court of Appeals and is an approved Continuing Legal Education (CLE) instructor. Attorney Newton is Lead Counsel Rated by Thomson Reuters with an Avvo Rating of Ten in the legal practice areas of Criminal Defense, Driving Under the Influence, and Personal Injury. Travis Newton is a founding member and State Ambassador for the American Association of Premier DUI Attorneys.

The materials available on this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Travis A. Newton or the user or browser.