Being arrested for assault is a frightening experience that may happen suddenly and without warning. Understanding what happens during assault arrests in Charleston and knowing your rights could help you navigate this difficult situation and avoid mistakes that may damage your defense.
Our seasoned assault defense attorneys at Adams & Bischoff, LLC provide immediate legal representation following assault arrests. We could protect your constitutional rights and begin work on your defense from the moment officers take you into custody.
What Are Your Rights After an Arrest?
Being apprehended for causing an unlawful injury in Charleston triggers important constitutional protections. Understanding these rights and exercising them properly is critical to protecting your defense.
After an assault arrest, police must read your Miranda rights before they question you. These rights come with a warning that whatever you say during a police interrogation can be used against you in a court of law. You have the right to remain silent and the right to have a defense attorney representing you.
Even after being advised of your Miranda rights, the police may continue to question you. They may suggest that talking could help clear things up or that your silence makes you look guilty. However, you have the right to refuse questioning, and the prosecution cannot use this decision against you. Protect yourself by remaining silent and requesting an attorney.
The Booking Process
After officers detain you for a violent crime in Charleston, they will typically transport you to jail for booking. This process involves several steps that create a record of your arrest and detention.
Booking Procedures
During booking, the police collect personal information, take your photograph and fingerprints, conduct background checks for outstanding warrants, create an inventory of your personal property, and carry out searches. Officers may also require you to provide DNA samples for testing, depending on the specific charges you face.
Initial Detention
After the booking process is complete, you will typically attend a bond hearing within 24 to 48 hours. Do not discuss your case with anyone but your attorney, as the prosecution could use recorded jail calls and conversations against you in court. At this stage, you need a trusted defense lawyer, and our team at Adams & Bischoff, LLC, provides confidential attorney-client meetings that could help protect your rights from the start.
The Bond Hearing
A bond hearing in Charleston determines whether you remain in jail pending trial for assault and, if not, what conditions apply to your release from detention. It is important to have a skilled criminal defense attorney representing you at this hearing.
Factors Affecting Bond
Judges consider multiple factors when setting bond in assault cases. These include:
- The severity of the alleged assault
- Your criminal history
- Whether you pose a flight risk
- Whether you pose a danger to the alleged victim or the community
- Your employment, family, and residential ties
For serious assault charges, particularly those involving significant injury or weapons, judges may set high bonds or deny bond entirely. Having an experienced attorney represent you at the bond hearing could significantly affect the outcome. At Adams & Bischoff, LLC, we could present evidence that supports your release, such as your ties to the community or lack of criminal history.
Bond Conditions
If a judge grants bond, they may impose conditions you must follow to remain free. These may include:
- No-contact orders
- Prohibiting communication with the alleged victim
- Electronic monitoring
- Curfews
- Travel restrictions
- Surrender of firearms
- Requirements to maintain employment or attend counseling
Violating these bond conditions could result in immediate rearrest and revocation of the bond. We could help you understand and comply with bond conditions while advocating for the modification of any unreasonable conditions.
Contact a Charleston Lawyer About Arrests for Assault
At Adams & Bischoff, LLC, we provide aggressive representation from the moment of arrest through to the final resolution of your case. When you are facing assault arrests in Charleston, contact our defense attorneys immediately for the experienced legal representation you need to protect your rights and freedom.