Sinclair & Collins, LLC

Attorneys at Law

Phone:    (864) 573-7575 ext. 6

Fax:        (864) 585-0183

Email:      office@dmcjr.com

Physical Address:   302 East St. John Street
                             Spartanburg, SC 29302

Mailing Address:     P.O. Box 1853
                              Spartanburg, SC 29304

Do I really need a lawyer?


It is possible to defend yourself against criminal charges. However, the outcome of your case will affect you and your family now and in the future. If you choose to defend yourself, you will need to learn about the criminal process, the rules of court and the law that applies to your case to make sure that you are not convicted of a crime or that you do not receive more punishment than you deserve.


What if I can not afford a lawyer?


Public Defenders and appointed lawyers are available for people who meet income guidelines set by the state. Unfortunately many people make too much money to qualify for a Public Defender or appointed lawyer. For those people it may be necessary to represent themselves or to borrow money from friends or family, sell property, or get loans against cars and property that they own to hire an attorney.


Can my mother hire a lawyer for me?


Your friends and family can pay for you to have a lawyer, but only you can choose the lawyer that they hire to represent you. It is common for a parent or relative to ask a lawyer to defend someone they love and offer to pay the attorney’s fees. However, neither Mr. Collins nor any other lawyer can defend a person accused of a crime unless the person accused and the lawyer both agree. Even if someone else pays you attorney fees for you, your lawyer cannot give them privileged information about your case. The lawyer can communicate with them about your bill, but not about the details of your case.


Do I have to talk to the police?


No. You do not have to give a statement or information to the police. In fact, you have a constitutional right to refuse to give information or statements to the police. It is always best to discuss any statements or information with your lawyer before talking to the police.


Can I see the evidence the government has against me?


The government is required to give you certain types of information and evidence they have against your case. It is important to ask for this information early in your case and to get any new information that is available before going to court. Your lawyer will know how to get this information to you.


Can the victim drop the charges against me?


No. The person you are accused of committing the crime against cannot drop the charges. Criminal charges are brought against the person accused of the crime by the government. Only certain people who work for the government have the authority to dismiss criminal charges. The victim can ask the government to dismiss the charges, but the decision belongs to the government.


What does it mean to plead guilty?


Pleading guilty means you are admitting that you are guilty of the crime. People plead guilty for a lot of different reasons. Some reasons for pleading guilty are good, some are not. These are times when pleading guilty is the best way to handle the case, but that a good decision you should only make after understanding completely what the government would have to prove at trial, what defenses you may have and what the possible punishment is for the crime you are pleading guilty to.


Do I have to plead guilty?


No. Even if you are guilty of the crime you are accused of, you still do not have to plead guilty. You can only be convicted and punished if the government can prove you are guilty beyond a reasonable doubt. If the government makes a guilty plea offer, your lawyer is required to tell you what the offer is. Your lawyer will help you decide whether to accept the government’s offer, but it is always your decision whether to plead guilty or go to trial.


What are my Constitutional Rights?


The federal and state Constitution guarantee you certain rights when you are accused of a crime, Those Constitutional Rights include the right to remain silent, the right to trial by jury (in most cases), the right to confront witnesses called by the government, and the right to call witnesses to testify for you. You need to discuss each of these rights with your attorney. If you talk to the police, you may be giving up the right to remain silent at least while you are making a statement. If you choose to plead guilty, you give up all these rights. These Constitutional Rights are there for your protection- talk to your lawyer before you give them up.


Can you tell me what my sentence will be?


Your lawyer can tell you what the maximum and minimum sentences are for the crime you are accused of committing, but in most case your lawyer cannot tell you what your sentence will be. Your lawyer cannot tell you what your sentence will be because the Judge always has the final decision on your sentence. The Judge is limited only by the minimum and maximum sentences that the law provides for the crime you are convicted of committing. Even if a lawyer can tell you what a typical sentence is for your charge, that is no guarantee that you will receive that sentence.