Wrongful Detention in South Carolina: What It Means
Spending a night in custody is stressful, especially if you know you shouldn’t have been there in the first place. Wrongful detention in South Carolina happens when law enforcement holds someone without the proper legal authority. Even if you weren’t charged or your case was dismissed later, being held overnight can damage your record, cost you work, and cause lasting emotional harm.
At the Law Office of Joshua P. Golson, LLC, we represent individuals across South Carolina who have faced unlawful detentions. Knowing what to do right after it happens gives you the best chance to protect your rights and move forward.
What Counts as Being Wrongfully Detained Overnight
Police in South Carolina must have either probable cause or a valid legal reason to detain someone. Situations that may qualify as wrongful detention include:
- Being held after a stop without probable cause
- Staying in custody longer than legally necessary without charges
- Being detained due to mistaken identity or false accusations
- Retaliatory detention connected to discrimination or exercising your rights
Even if you were released the next morning, the detention itself may be unlawful. Recognizing these situations helps you know when it’s time to take action.
Immediate Actions to Protect Yourself After Overnight Detention
What you do right after being released can make or break your case. Here are key steps:
- Write down every detail. Record the time of arrest, when you were released, who was involved, and what you were told.
- Save all documents. Release paperwork, citations, or booking records may contain valuable information.
- Identify witnesses. If others were present during your detention, their accounts may help confirm your story.
- Contact a South Carolina civil rights attorney. A lawyer can review your case and tell you if your detention was unlawful.
- Avoid discussing your case online. Social media posts can complicate things and may be used against you.
Gathering Evidence to Support a Wrongful Detention Claim
Once you’ve taken the first steps, preserving evidence is the next priority. This might include:
- Police reports and arrest records
- Security camera or bodycam footage
- Medical records if you were denied care during detention
- Testimony from witnesses, coworkers, or family who saw what happened
The stronger the documentation, the easier it becomes to challenge the detention and pursue legal remedies.
How a Civil Rights Lawyer in South Carolina Can Help
Wrongful detention cases aren’t just about proving what happened—they’re about protecting your rights and holding law enforcement accountable. A South Carolina civil rights lawyer can:
- Review the circumstances of your detention and determine if it was unlawful
- File claims against the responsible law enforcement agency
- Seek damages for emotional distress, lost wages, or other harm
- Work toward clearing your record if the detention shows up on background checks
Our team at the Law Office of Joshua P. Golson, LLC has represented clients across South Carolina in cases involving unlawful arrests and detentions. We know how overwhelming these situations feel, and we’re here to fight on your behalf.
Moving Forward After Wrongful Detention in South Carolina
No one should spend a night in custody without a valid reason. If you were wrongfully detained overnight in South Carolina, you may have options to protect yourself and hold law enforcement accountable.
Reach out to the Law Office of Joshua P. Golson, LLC today. Our experienced civil rights attorneys are dedicated to standing up for South Carolina residents, ensuring their rights are defended, and fighting for fairness when the system fails them.
