If you have been arrested, charged with a crime, or learned that you are under investigation in Lexington, South Carolina, you may be trying to determine what to do next. You may also be searching for a criminal defense lawyer in Lexington, SC, and wondering what an attorney can actually do to help.
The Law Office of James R. Snell, Jr., LLC opened in Lexington in 2004. At the time, attorney James R. Snell, Jr. represented clients charged with misdemeanor and felony offenses in Lexington-area courts. Now, 22 years later, our office has represented thousands of clients.
Our criminal defense practice has also grown. Today, our office includes multiple criminal defense attorneys and a team of trained paralegals and legal assistants. When appropriate, we can also work with private defense investigators and other professionals to assist with the investigation and defense of a criminal case.
James Snell is a past-president of the Lexington County Bar Association and currently chairs a South Carolina Bar committee focused on the 11th Judicial Circuit, which includes Lexington County. He additionally maintains memberships in the South Carolina Association of Criminal Defense Lawyers, National Association of Criminal Defense Lawyers, and the National College for DUI Defense.
If you have been charged with a crime in Lexington, the decisions you make at the beginning of your case can matter. Understanding the court system, obtaining the evidence, investigating the allegations, identifying potential defenses, and developing a strategy are all important parts of the process.
Criminal Charges We Defend in Lexington, SC
Our attorneys represent clients facing both misdemeanor and felony charges in Lexington and throughout Lexington County.
Cases we handle include DUI, domestic violence, sexual exploitation of a minor, criminal sexual conduct, drug offenses, theft offenses, white collar crimes, probation violations, shoplifting, trespassing, disorderly conduct, traffic offenses, and other criminal charges.
We represent clients in municipal courts, magistrate courts, and the Lexington County Court of General Sessions. Our attorneys are also admitted to practice in federal court and represent clients facing both state and federal criminal matters.
Our Lexington office also represents clients with cases arising in surrounding communities, including West Columbia, Irmo, Cayce, Batesburg-Leesville, and Chapin.
Not everyone who contacts us has already been arrested. We are regularly consulted by people who have learned that they have been accused of a crime or are the subject of a police investigation. Consulting with a criminal defense attorney before an arrest can provide an opportunity to evaluate the situation and determine what strategies may reduce the likelihood of an arrest or conviction. You can contact us as soon as you believe you are suspected of a crime, or have been accused or asked to give a statement or meet with police.
Criminal Cases in Lexington Can Be Different From Other Parts of South Carolina
One thing that makes the criminal justice system in Lexington County unusual is the number of independently operating courts and law enforcement agencies.
Lexington County has more independently operating municipal and magistrate courts than any other county in South Carolina. Depending on the charge and arresting agency, a case could be prosecuted in a municipal court, magistrate court, or the Lexington County Court of General Sessions. Some cases are split into multiple courts at the same time, and some DUI cases are even in three places at once.
The court matters because procedures can differ.
Many misdemeanor and traffic cases are prosecuted in municipal or magistrate court. More serious felony charges are generally prosecuted in General Sessions. There are also courts within Lexington County that handle particular categories of cases.
This means that saying someone was "arrested in Lexington" does not necessarily tell us where the case will be prosecuted or what procedures will apply.
Identifying the arresting agency, charge, and court is one of the first things our staff does when someone contacts us about a new criminal case.
Many Different Law Enforcement Agencies Operate in Lexington County
There is no single law enforcement agency responsible for criminal investigations throughout Lexington County.
The Lexington County Sheriff's Department is the largest law enforcement agency operating in the county. The South Carolina Highway Patrol conducts significant traffic enforcement and makes DUI arrests throughout the area.
The South Carolina Department of Natural Resources is involved with boating under the influence cases on Lake Murray as well as fish, wildlife, and other DNR-related offenses. The South Carolina Law Enforcement Division, commonly known as SLED, also maintains a regular presence in Lexington County and conducts criminal investigations.
Most municipalities operate their own independent police departments. Municipal police officers can investigate and charge traffic offenses, misdemeanors, and felonies.
There are also independent law enforcement agencies operated by Lexington Medical Center and Columbia Metropolitan Airport.
As a result, hundreds of law enforcement officers working for numerous different agencies may have jurisdiction in various parts of Lexington County. These agencies have their own command structures and investigative practices.
The agency investigating or charging a case can therefore be an important consideration when evaluating what happens next.
What Happens at Bond Court After an Arrest in Lexington?
For many people arrested in Lexington County, Bond Court is their first appearance before a judge.
Lexington County Bond Court is located adjacent to the Lexington County Detention Center at 521 Gibson Road, Lexington, South Carolina 29072. Bond Court is held at 10:00 a.m. daily, with an additional 3:00 p.m. session Monday through Friday.
A bond hearing is not a trial and does not determine whether someone is guilty or not guilty. Instead, the judge considers whether the person can be released while the criminal charge is pending and what bond and other conditions of release should be imposed.
Our criminal defense lawyers regularly appear in Lexington County Bond Court and can advocate for a reasonable bond to be set. Depending on the circumstances, there may also be important issues involving the conditions the judge places on someone's release.
For example, the court may consider whether a person should be prohibited from traveling outside South Carolina while the case is pending. In a domestic violence case, the judge may impose conditions restricting or prohibiting contact with the alleged victim. This can be particularly important when the alleged victim is the defendant's spouse or partner and the parties share a home, children, or other responsibilities.
The appropriate bond and conditions depend upon the individual circumstances of the case. When possible, an attorney can present information to the Bond Court judge relevant to the defendant's release and advocate for reasonable conditions while the case is pending.
Bond Court is only the beginning of a criminal case. After someone is released, it is important to understand and comply with every condition of the bond.
What Happens When You Hire a Criminal Defense Lawyer?
One of the first steps in defending a criminal charge is determining what evidence actually exists.
We file appropriate discovery motions with the court and serve the necessary requests on the prosecutor. The discovery process allows us to obtain materials gathered by law enforcement so that they can be reviewed and evaluated as part of the defense.
Depending on the case, discovery can include 911 calls, police reports, body-camera footage, witness statements, photographs, recordings, and other evidence.
Reviewing this evidence is important because what actually appears in a video, recording, report, or witness statement may be different from someone's initial understanding of what happened.
We also do not necessarily limit our investigation to what was collected by law enforcement.
When appropriate, we can engage a licensed private defense investigator. An investigator may visit the location where an alleged crime occurred, identify potential witnesses, locate witnesses, and conduct interviews. Depending upon the allegations, other professionals may also be incorporated into the defense when appropriate.
The objective is to understand both the evidence the government intends to rely upon and what additional information may be available to assist the defense.
Our Initial 48-to-72-Hour Action Plan
When we begin a new criminal case, we want our client to understand what happens next.
Usually during the initial appointment, an attorney will review the anticipated sequence of the case step by step. We also develop an action plan for the first 48 to 72 hours of representation.
The exact plan depends upon the circumstances, but it can include filings with the court, necessary motions, requests for records, discovery requests, and referrals to a licensed defense investigator or another appropriate professional.
As the case progresses, discovery materials received by our office are forwarded to our clients for their personal review. This can include police reports, body-camera videos, witness statements, and other materials.
We believe it is important for clients to be able to review the evidence themselves. A client may recognize something in a video, report, or witness statement that would not otherwise be apparent to someone who was not present when the events occurred.
Communication During Your Criminal Case
We want clients to understand what is happening with their case and to be able to reach us when they have questions.
Clients are welcome to contact our attorneys and paralegals by telephone, email, or text message.
Criminal cases can take time to resolve. The exact time-frame depends on a variety of circumstances including the complexity of the case, the client's goals and objectives, and the specific court the case is pending in. During that period there may be court dates, discovery responses, investigative developments, negotiations, and decisions that need to be made.
Our goal is for clients to understand where their case stands, what we are doing, and what comes next.
What Are the Possible Outcomes of a Criminal Case in Lexington?
Every criminal case is different. We believe it is important to be honest with clients about realistic possible outcomes rather than promising a particular result at the beginning of a case.
Generally, a criminal case in Lexington will ultimately be resolved in one of four ways:
- Dismissal by the prosecution
- A plea agreement or other negotiated resolution
- Diversion, such as Pre-Trial Intervention when available
- Trial
Many criminal cases are ultimately resolved through some form of agreed-upon reduction or other negotiated resolution. Whether a particular resolution is acceptable, however, is ultimately the client's decision.
Our role is to investigate the allegations, review the evidence, identify potential defenses, explain the available options, and provide advice so that our client can make an informed decision.
When a case is not dismissed or otherwise resolved to our client's satisfaction, we will not hesitate to fight the charge in court.
Can't I Just Explain What Happened?
It would be great if defending a criminal charge were always as simple as explaining what happened to the police or prosecutor.
Unfortunately, that is not how the criminal justice system works.
Our criminal justice system is fundamentally adversarial. Prosecutors represent the government and prosecute criminal charges. Police officers investigate alleged criminal activity. The judge serves a different role as a neutral decision-maker rather than as an advocate for either side.
Someone accused of a crime should not assume that police or prosecutors will automatically accept their explanation of what occurred. Keep in mind from the prosecutor or police officer's standpoint, many people who are guilty will adamantly maintain their innocence.
There is also an important practical problem: anything you say can potentially become evidence.
Something said in an attempt to explain an accusation may later be interpreted differently, compared with another witness's statement, contradicted by other evidence, or offered against the person in court.
Without knowing the relevant law, potential defenses, rules of evidence, and available court procedures, it can be difficult to know exactly what information should or should not be shared with the government.
Our general recommendation is to consult with a criminal defense attorney before making statements to law enforcement concerning an alleged offense. You should only provide a statement after consulting with counsel and determining that doing so is in your best interest.
What Should I Do After an Arrest in Lexington?
First, do not make statements to law enforcement about the alleged offense unless you have been advised by a criminal defense lawyer that doing so is in your best interest.
Second, understand and comply with all terms and conditions of your bond. Bond conditions are court orders. Violating them can create additional problems while the original criminal charge remains pending.
Third, do not unnecessarily delay obtaining legal advice.
Time can matter when investigating a criminal case. Witnesses can become more difficult to locate, memories can fade, and other evidence may become more difficult to identify or preserve.
Early involvement also gives the defense an opportunity to determine what motions, record requests, investigative steps, or other action should be taken.
The Most Serious Consequence May Not Be the Judge's Sentence
When people think about criminal charges, they frequently focus on whether they could go to jail or how much they might have to pay in fines.
Those concerns are important, but sometimes the longer-lasting consequences of a conviction occur after the court case is over.
For many criminal offenses in South Carolina, there is no possibility of later having the conviction removed or expunged. A DUI conviction from a magistrate or municipal court, for example, cannot later be expunged.
A criminal conviction can potentially create problems with employment background screenings, housing applications, volunteer opportunities, or professional licensing.
Depending upon the specific offense, a conviction can also affect other rights or privileges. Certain convictions can create problems with firearm rights, while DUI and other driving-related offenses can result in driver's license consequences.
Not every conviction carries every collateral consequence. The potential impact depends upon the charge, disposition, and individual's circumstances.
This is why we believe it is important to consider more than simply the immediate fine or potential jail sentence when evaluating how a criminal case should be resolved.
What Happens When You Call Our Lexington Office?
When someone calls us about a criminal matter, our trained paralegals and legal assistants first gather the information necessary to understand the situation.
We want to know what offense has been charged or alleged, which law enforcement agency is involved, which court may have jurisdiction, and what concerns are most important to the prospective client.
Once we confirm that the matter is something our office can assist with, we offer the next available consultation appointment.
Criminal defense consultations are free, and same-day appointments are typically available.
During the consultation, an attorney can review the circumstances, discuss the applicable court process, answer questions, and explain what the next steps could look like.
Families may also contact us immediately after someone has been arrested so that we can determine whether one of our criminal defense attorneys can assist with an upcoming Lexington County Bond Court hearing.
How Much Does a Criminal Defense Lawyer in Lexington Cost?
We establish fees after reviewing the individual case.
During the free consultation, we can determine a flat-rate fee based upon the circumstances of the case as well as the client's goals and objectives.
The amount of work required can vary significantly depending upon the allegations, the court, the amount of discovery, the need for additional investigation, and what the client wants to accomplish.
Financing options may also be available.
The free consultation provides an opportunity to learn what representation would involve and what the flat-rate fee would be before deciding whether to hire our office.
Do You Need a Criminal Defense Lawyer in Lexington, SC?
A criminal charge can have consequences that extend far beyond the next court date.
Whether you have been charged with DUI, domestic violence, sexual exploitation of a minor, criminal sexual conduct, a drug offense, theft, a white collar offense, a probation violation, shoplifting, trespassing, disorderly conduct, a traffic offense, or another misdemeanor or felony, it is important to understand what you are facing before making decisions about your case.
You also do not have to wait until you have been arrested. If you learn that law enforcement is investigating you or that someone has accused you of committing a crime, consulting with a criminal defense lawyer before speaking with investigators may help you make informed decisions about how to proceed.
The Law Office of James R. Snell, Jr., LLC has represented clients in Lexington-area criminal cases since 2004. Today, our criminal defense team includes multiple attorneys, trained paralegals and legal assistants, with the ability to incorporate licensed private investigators and other professionals into a defense when appropriate.
We represent clients in Lexington and throughout Lexington County, including West Columbia, Irmo, Cayce, Batesburg-Leesville, and Chapin.
If you have been arrested, charged with a crime, or believe you are under criminal investigation in Lexington, South Carolina, call (803) 359-3301 to schedule a free consultation. Same-day appointments are typically available.
Every case is unique. Prior results obtained by an attorney in one matter do not indicate that similar results can be obtained for other clients in other matters.