Sumter Criminal Defense Lawyer

Criminal Defense Attorney in Sumter, SC

If you have been accused of a crime, you know how much is at stake. You could lose your good reputation and even your freedom. You need to contact a skilled criminal defense attorney to protect everything that you hold most dear

At the Law Office of Charles T. Brooks III, we understand just how important your case is. The firm has represented clients in Sumter and the surrounding Midlands since 1996. Our Sumter criminal defense lawyers will build a thorough, individualized defense strategy for your case.

What Are the Most Common Criminal Defense Strategies?

The specific strategy a criminal defense attorney selects will largely depend on the nature of their client’s charges. Whether it’s minor drug crimes or severe federal crimes, a seasoned attorney has plenty of defense avenues to take. Some of the most widely used include:

Innocence

One of the most commonly used defense tactics is claiming innocence against the charges. For this to be effective, an attorney must present an alibi that puts their client in a different place at the time of the crime. If an alibi doesn’t exist, an attorney can highlight certain weaknesses and inconsistencies in the prosecution’s strategy that would raise doubts among the judge and jury.

Self-Defense

Sometimes a defendant agrees they engaged in a specific act, but it happened as an act of self-defense rather than an act of malice. To make this case, the defense team must show how their client had a viable reason to believe they were in immediate danger and acted in a justified manner. A combination of eyewitness testimonies and surveillance footage can help to support a defendant’s claim of self-defense and earn them justice.

Entrapment

If someone believes to have been induced or persuaded by anyone in law enforcement to commit a crime, this could be considered entrapment. This is illegal, which means that any evidence an attorney can present to demonstrate officers engaged in entrapment can be enough merit to dismiss the entire case.

Duress

If a defendant believes they were forced to commit a criminal offense while under an active threat of harm, they could choose to take a position of duress as part of their defense strategy. When taking this stance, a defendant must show that the belief of the threat was so genuine that anyone else in the same situation would have responded similarly.

Mistake of Fact

This defense position claims that a defendant misunderstood certain facts of a scenario that could negate some extent of their actions. The defense must show that their behavior was a mistake, yet reasonable given what they understood to be true. For example, if someone takes another person’s property thinking it was their own, they could use a “mistake of fact” defense position to counteract a theft charge.

Insanity

When someone claims insanity, it means they believe they were not in an appropriate mental state at the time of the incident. This would be an attempt to show a judge and jury that the client did not have any criminal intent. A ton of psychiatric evaluations will need to happen as evidence to make this point in court. While this may not be enough to completely drop a case, it can result in more relaxed penalties.

Statute of Limitations

In most states, a defense attorney can argue that the deadline for filing charges has already passed. South Carolina is different. It is one of only two states with no statute of limitations for any crime, felony or misdemeanor, which means prosecutors can file charges years or even decades after the alleged offense. This means the statute of limitations defense is rarely available in a Sumter courtroom. (See South Carolina Criminal Statute of Limitations Laws, FindLaw.) A long delay in bringing charges can still raise a separate speedy-trial or due-process argument, so it is worth discussing the timeline of your case with an attorney.

If any of these don’t sound right for your case, there are plenty of other possible defense strategies available that could serve you better. Connect with a criminal lawyer as soon as you can to evaluate your case and provide their professional opinion on a top defense position to take.

Felonies & Misdemeanors

Our law firm assists clients who have been accused of a wide range of felonies and misdemeanors. These are serious crimes carrying serious penalties, including prison time. We know how to interview and cross-examine witnesses, suppress evidence that was not obtained legally, and find evidence that helps you to clear your name. We will do everything we can to help you get positive results. South Carolina groups felonies into six classes, A through F, under S.C. Code Ann. § 16-1-10 and § 16-1-20. A Class A felony can carry up to 30 years in prison, while a Class F felony carries up to 5 years. Misdemeanors are grouped into Class A, B, and C, and most carry a year or less in jail. Which class applies to your charge can affect your bond, your plea options, and what you are facing at trial, so it helps to confirm this with an attorney early.

DUI Lawyer

If you need a DUI lawyer, contact us today. Drinking or using illegal drugs and driving is never a good idea, but police officers often make mistakes or gather evidence improperly when they are building these kinds of cases. We will scour the evidence against you and build a defense strategy tailored to the specific facts of your stop and arrest. South Carolina’s DUI law, S.C. Code Ann. § 56-5-2930, sets increasing fines and jail time for repeat offenses and for higher blood alcohol readings.

PCR & Appeals

Even if the jury has turned in a guilty verdict, your case is not necessarily over. At the Law Office of Charles T. Brooks III, we are skilled in helping criminal defendants find post-conviction relief (PCR) and appeal their cases. Depending on the exact circumstances of your case, we can help you to win a new trial, have your conviction overturned on appeal, or even be released from prison. Now is not the time to lose hope. Our firm is here to help. South Carolina law generally gives you only one year from your conviction, or from the end of a direct appeal, to file a PCR application under S.C. Code Ann. § 17-27-45. Missing this deadline can end your chance at relief, so it helps to talk to an attorney as soon as possible after a conviction.

Where Your Case Will Be Heard in Sumter County?

Most criminal charges in Sumter County move through one of two courts. Minor misdemeanors that carry up to 30 days in jail or a $500 fine are handled in magistrate court. Felonies and more serious misdemeanors go to the Sumter County Court of General Sessions, part of the Third Judicial Circuit, which also covers Clarendon, Lee, and Williamsburg counties. The Third Judicial Circuit Solicitor’s Office prosecutes these cases, and the Sumter County Clerk of Court, at 215 N. Harvin St. in Sumter, keeps the case file and hearing schedule. Knowing which court your case is in can help you understand your bond options and how your case will move forward.

FAQs About Sumter, SC Criminal Defense Laws

Does South Carolina have a statute of limitations for crimes?

No. South Carolina is one of only two states with no criminal statute of limitations, so prosecutors can generally file charges at any time after an alleged offense.

What is the difference between General Sessions Court and magistrate court?

General Sessions Court handles felonies and more serious misdemeanors. Magistrate court handles minor misdemeanors that carry up to 30 days in jail or a $1,000 fine.

Can a criminal record be expunged in South Carolina?

Many first-offense misdemeanors and some drug charges become eligible for expungement after a waiting period, usually three to five years, through the solicitor’s office under S.C. Code Ann. §§ 17-22-910 and 22-5-910. Violent crimes, DUIs, and most felonies do not qualify.

When it comes to criminal cases, the sooner you contact an experienced criminal defense attorney the better. The Law Office of Charles T. Brooks III is standing by to help you build a strong, tailored defense.

Contact us today to learn more.