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Understanding Your Rights During Police Interrogation in South Carolina

Posted by Clay Hopkins | May 09, 2025 | 0 Comments

Illustration of a person asserting their right to a lawyer during a police interrogation, with a silhouette of justice scales in the background, representing legal rights under South Carolina law.

Know Your Rights: Police Interrogations in South Carolina

If you've been detained or questioned by police in South Carolina, it's critical to understand your rights. Police interrogation rooms are designed to elicit confessions—not to protect your interests. What you say could determine the outcome of your entire case.

At Hopkins Law Firm, we've defended countless clients who were pressured into speaking without understanding the consequences. Here's what you need to know.


1. You Have the Right to Remain Silent

Under the Fifth Amendment and South Carolina law, you are not required to answer questions beyond identifying yourself. Once you're in custody, police must advise you of your Miranda rights before interrogation begins.

“You have the right to remain silent. Anything you say can and will be used against you…”

Once you invoke this right, all questioning must stop—but you must clearly state it:

“I choose to remain silent and want to speak with a lawyer.”


2. You Have the Right to an Attorney

You can't be questioned without your attorney present once you request one. This applies to both adults and minors. If you're under investigation or under arrest, politely decline to speak until your attorney arrives.


3. The Police Can—and Will—Lie to You

South Carolina law permits police to use deception during interrogations. Officers may falsely claim:

  • That someone else “already confessed”

  • That they have video evidence (when they don't)

  • That you'll “get a better deal” if you talk

Don't fall for it. These are tactics used to pressure you into giving up information that could hurt your case.


4. Never Try to “Explain Yourself” Without Legal Help

Many people believe if they just explain their side, everything will clear up. But even a single misstatement or nervous slip-up can be twisted and used against you in court.

Remain calm, be respectful, but say nothing other than:

“I want a lawyer.”


5. Protecting Minors and Vulnerable Individuals

If your child is questioned by police, they also have the right to remain silent and to have a parent and attorney present. Do not allow your child to be interrogated without legal counsel.


Why Call a Criminal Defense Lawyer Early?

If police want to talk to you, it likely means you're a suspect. Early legal intervention can:

  • Prevent charges from being filed

  • Challenge unlawful interrogation tactics

  • Suppress statements made in violation of your rights

  • Strengthen your defense from the very beginning

📞 Contact Hopkins Law Firm for a confidential review. We defend clients across Myrtle Beach and Horry County facing police questioning, arrest, or prosecution.


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About the Author

Clay Hopkins

South Carolina Lawyer

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When you have to go to court, you want to know your lawyer will fight for you so you get the best possible outcome. Here at Hopkins Law Firm, our team of personal injury, family law, and criminal defense lawyers has the experience and insights needed to help you present your best case. Our team has helped many clients to protect their future. With locations in Charleston, Pawleys Island, and Myrtle Beach, we can make sure you get the counsel you need anywhere in South Carolina.

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