Know Your Rights During An Arrest

Understanding How To Behave During An Arrest Can Be A Game-Changer

Being arrested can be one of the most stressful moments of your life. This stress can be magnified if you are not clear on what your rights are during an arrest.

Our firm, Hucks Law Firm, serves the Myrtle Beach, South Carolina, area, and has successfully represented criminal defense clients facing everything from traffic violations to murder charges. Our founding attorney, J. Scott Hucks, has developed a short list of "do's and don'ts" for anyone facing arrest in Horry County or the surrounding area.

You Have The Right To Remain Silent

That phrase, "you have the right to remain silent," isn't just a line from a movie or television show. This is a constitutionally guaranteed right that you have, and it protects you from inadvertently providing the police with evidence to use against you. You have the right not to talk to the police at any time without your attorney present.

You Have The Right To An Attorney

You can ask for your lawyer to be with you during any questioning or legal proceeding. You may also stop talking to the police at any time if your lawyer is not present. On a practical level, having an attorney with you helps prevent you from making statements under duress or because you are feeling intimidated. Our firm's attorney has handled thousands of criminal cases and knows how to help you navigate the justice system.

You May Refuse A Breath Test For DUI

Another common mistake for persons stopped on suspicion of DUI is agreeing to a breath test. You are not legally required to do so. It is true that South Carolina is an "implied consent" state, and you will face a license suspension if you refuse the test. However, your lawyer can help you challenge the suspension at an administrative hearing and obtain a temporary restricted license.

You Must Be Polite And Be Cooperative

While it is entirely appropriate for you to assert your rights during an arrest, always do so in a cooperative and polite manner. Do not argue with law enforcement officers and do not be rude — that will only harm your case.

Call Our Law Firm Today

As soon as you are able to after your arrest, call our firm at 843-213-6204 or contact us online. We will fight for the best possible outcome for your case.