William G. Yarborough

Second chances for first time offenders

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“It was a one-time mistake.”

“I’m just a kid.”

“I got caught up in the moment and didn’t think.”

If you’ve heard any of these explanations used to excuse poor decision making recently, you’re probably a parent. While learning how to navigate social situations by grappling with conflict, young adults can err in judgment and make a mistake. As a parent, you may have said that slip-ups can serve as the best teachers. This is usually a correct platitude; however, when some mistakes are made, they create long-term obstacles rather than learning opportunities. Such is the case for missteps that result in misdemeanor charges.

While many individuals believe that agreeing to a guilty plea for a misdemeanor will result only in a payment of a small fine with no jail time required, the long term effects can be serious. If a misdemeanor conviction for alcohol or drug possession appears on your child’s criminal record, this documentation can remain with him for the duration of his life. In the case of a drug possession, the impact of a conviction can be felt immediately because federal law mandates that students with such convictions shall lose their federal aid, grants or work-study benefits. Additionally, students with criminal records face challenges when applying for on-campus housing because they are often subjected to background checks during the application process.

For first-time offenders, however, there are options to help individuals reduce the impact a one-time mistake may have over the course of a lifetime. In South Carolina, the county courts have developed programs designed to rehabilitate individuals in order to prevent relapse into criminal behavior. Successfully meeting the requirements of some programs may result in an expungement of the charges or a reinstatement of federal loans. The benefits of each program vary according to the type and severity of the misdemeanor.

Here are some programs that may help your child:

1. Pre-trial intervention

2. Alcohol education program

3. Traffic education program

4. First offense simple possession of marijuana or certain other illegal drugs

Each county has its own requirements, so it is beneficial to speak with a knowledgeable attorney if you think that your child could benefit from the program offered. As a parent, you believe your child should be given a second chance to learn from a one-time mistake. As it turns out, so does the legal system in South Carolina.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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