Mr. Baker is an experienced criminal defense attorney representing clients who have been charged with offenses in Municipal Courts, Magistrates Courts and the State Courts of South Carolina (General Sessions). Mr. Baker’s experience ranges from representing those who have been charged with traffic offenses to murder. If you have been charged with Driving Under the Influence (DUI), Driving under Suspension, a Drug Offense or any other crime, Mr. Baker can help.

If you have been charged with a crime or you are being questioned by law enforcement it is very important that you consult with an experienced criminal attorney as soon as possible. For example, if you have been charged with Driving Under the Influence (DUI) you may be entitled to an administrative hearing. This hearing must be requested within 30 days of your arrest. If you have lost your driving privileges following a DUI arrest due to a refusal to take the breath test (data master test) or due to the reading following the test you may be able to have your full driving privileges reinstated pending the outcome of your administrative hearing. At the administrative hearing a administrative law judge will determine if you were lawfully arrested and refused the test or if your driving privileges have been properly suspended due to your data master results. If you have the right to such a hearing you should request one. This hearing is opportunity to learn what the arresting officer will testify to in any upcoming DUI trial. The officer will be forced to explain the reason he stopped your vehicle and charged you with Driving Under the Influence.

Following any DUI arrest it is important to obtain the videos of the arrest site and the Data Master video. These are important pieces of evidence which should be examined closely. There are certain things the office should advise you of in these videos. Mr. Baker will exam these videos carefully to insure that all procedures were followed. In some cases these videos can be very helpful to the defense. They are also crucial to prepare for the driving under the influence trial.

If you are charged with a crime in the Court of General Sessions in South Carolina you are entitled to a preliminary hearing. This hearing must be requested within 10 days from the date you were charged with the crime. I can help you with requesting your preliminary hearing. At the preliminary hearing, a magistrate will determine if probable cause exist in your case and whether the State should be allowed to continue with their criminal case against you. The preliminary hearing can also be used as a discovery tool to learn more about the criminal charges against you. You should never waive your right to a preliminary hearing. I have even seen cases in which the prosecuting witness did not show and the charges against my client were dismissed.

If you are charged with a crime your case may involve a search of your person, auto or home. We can help you fight charges which may stem from an illegal search. In certain cases the court may exclude evidence that has been obtained following an illegal search of your person, auto or home.

As your attorney, Mr. Baker will investigate the facts surrounding the criminal charges against you. You are entitled to review all of the evidence the state has to support their charges. It is important that witnesses to the crime be interviewed as soon after the event or charge so that we can adequately prepare your defense. It may also be necessary to hire our own experts or investigators to review the evidence. Mr. Baker can assist you with this.

If you have questions about the criminal charges against you, call Brad Baker, an experienced criminal attorney, for a free initial consultation.