Evidence is tangible proof that supports a claim or accusation, and it is at the very root of all criminal matters. Both law enforcement and the state rely on evidence to point them towards suspects in crimes. Evidence allows law enforcement to get the proper warrant to make an arrest, as well as warrants to search for additional evidence against a suspect. If you’re facing charges in a criminal matter , you’re likely feeling both confused and fearful. You’re most likely eager to see what evidence the state has to indicate you as the person who committed the crime, as well as what evidence they eventually intend to use at trial. If you’ve been charged with a crime, it’s important to be aware of your rights to see the evidence against you, as well as the procedures the court has in place to dictate how and when you see this evidence.
Discovering the Evidence Against You
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Both under state and federal law, certain protections are put into place to protect people against being charged and even convicted of crimes they didn’t commit. If you’ve been charged with a crime, law enforcement needs to have a certain amount of evidence against you, evidence that strongly suggests to them that you are the most likely person to have committed the crime you have been charged with. You have a right to see the evidence against you on which the charges are based, and the procedure for obtaining this evidence is called discovery. Under the South Carolina Rules of Criminal Procedure, there are several ways to find evidence against you that will be used in court. These include:
- Preliminary hearing: After you are arrested, you will be given the opportunity to request a preliminary hearing. At this hearing, the state or law enforcement will disclose the evidence against you which led to your arrest.
- Discovery request: At any time after your arrest, your attorney can make a request for discovery to the solicitor who will be prosecuting your case. This request will be filed with the court, and the solicitor’s office then has 30 days to respond to the request.
- Discovery conference: In certain circumstances, the judge who will be hearing your case may order a discovery conference between the parties in order for them to develop a specific plan and scope for the release of documents and other evidence.
Preliminary hearings are generally scheduled within 10 days of request. While this will allow you to hear the evidence against you fairly quickly, bear in mind that the evidence will only be what was used or needed to secure the arrest. Evidence generally mounts as your case heads to trial. Having your attorney file a discovery request will ensure the ongoing disclosure of the various types of criminal evidence the state will use to build its case.
Contact a Skilled Criminal Defense Attorney at Our Office
If you are facing criminal charges, contact a skilled South Carolina criminal defense attorney today. Greenville attorney Lauren M. Taylor will help you determine the evidence against you, and provide the aggressive legal representation you need. Our office has experience handling a multitude of serious criminal matters, and can strategize the best course of defense in your particular case. Contact us to discuss your case. Our office serves all of Upstate South Carolina, so call us today for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.