Legal Question in Criminal Law in South Carolina

arrested for murder

My brother �n law was arrested for murder in South Carolina recently. He says emphatically that he didn't commit the offense. He has been held for 72 hours now, and he has had a lawyer for 24 hours. How long can they hold him without discussing with either himself, or his lawyer, the evidence the DA has against him? They have told him nothing so far, and the family wants to know what evidence the police have. Who has a ''right'' to know what the police know, and when do they ''have'' to cough it up, so the family can know what the police knows??? Not knowing is tearing up the whole family.

thanx


Asked on 3/01/07, 9:15 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: arrested for murder

Unfortunately, the criminal process moves very slowly in South Carolina. The more serious the charge, the slower it can be dragged out. According to the Procedural Rules, the prosecution must provide all evidence that they have in their possession (at that point in time) withim 30 days. However, that rule is rutinely violated. All your brother-in-law is entitled to in the first 72 hours is to know what the "probably cause" is for the arrest. The reason he is being held right now (and its just a guess since I don't know anything about the case) is that his bond hearing will have to be held in front of a Circuit Court Judge. I am very sorry for you and the family and understand that this is an agonizing wait. I have had two death penalty/capital murder trials in the past couple years and it took months to obtain all the evidence in the cases. This case may be different, but I cannot predict since I do not know what is involved here. You are certainly welcome to call or email if you would like to know more. Robert Johnston [email protected]

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Answered on 3/01/07, 9:31 pm


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