South Carolina Criminal Lawyer Blog

The Federal Bureau of Investigation in Columbia has confirmed that the former Clerk of Court for Spartanburg County, Marcus Kitchens, has pled guilty in a drug conspiracy indictment. Count One charged Kitchens with conspiracy to possess with intent to distribute methamphetamine and cocaine. Count Two charged him with theft from a federally funded organization. Judge Herlong, Jr. from the federal court in Greenville, SC, has accepted the Plea Agreement and after the pre-sentence investigation report is prepared, the case will be set for sentencing.

According to investigators, a confidential informant notified them that he had received cocaine from Terry Lanford in South Carolina. After questioning Lanford, he confirmed that he had received it from Kitchens. Kitchens allegedly had obtained the narcotics from the evidence room of the Spartanburg County Courthouse. Lanford agreed to wear a wire and speak with Kitchens regarding the incident. Kitchens was arrested by DEA agents after the meeting.

Kitchens faces a substantial amount of time in prison for these two serious offenses. Count One has a maximum term of twenty (20) years and Count Two has a ten (10) year maximum. A conviction for these offenses also carries the burden of significant fines. Since Kitchens was a respected official hired within the courthouse, his alleged criminal activity will probably not be taken lightly by a federal judge. This is primarily why it is important to hire a federal criminal defense attorney that will be able to protect your best interests. Depending on the circumstances contained in the Plea Agreement, Kitchens may face less time for admitting guilt. Our defense attorneys in South Carolina are knowledgeable about the federal system and can advise you on how to handle your case.

Continue reading " Clerk of Court Charged in Drug Conspiracy " »

Kenneth Hinson won his federal appeal from a conviction for possessing a firearm by a convicted felon this year and has now be sentenced again by the federal judge who presided over the prior federal trial. The appellate victory was based on a sentencing error committed by the trial judge. The Fourth Circuit Court of Appeals in Richmond, Virginia reversed the sentence based on the trial judge using inappropriate prior conduct of the defendant to sentence him to a higher than applicable term of imprisonment. This case was taken to federal court after Hinson was acquitted of state charges related to kidnapping and sexual assault. Hinson's federal defense attorney was not listed in the news and did not provide any comment on the new sentence. The new sentence of less than 10 years is much better for Hinson than his prior sentence of 25 years.
Hinson was taken into federal custody in court after his acquittal on the state charges. This means the federal prosecutors where lying in wait to indictment him if he were found not guilty.
Hinson will now have the opportunity to appeal this sentence. His attorneys had argued in court that a 6 year sentence was the most the judge could give him. The case will go back to the Fourth Circuit Court Of Appeals in Richmond. Hinson's appellate attorney will have some time to draft the appeal and submit it to the Fourth.

Continue reading " Federal Defendant in Florence Sentenced AGAIN " »

The Federal Bureau of Investigation (F.B.I.) has arrested 11 people in four different states on spying charges. They are all Russian nationals and are alleged to have been directed by the S.V.R., which is the successor agency to the K.G.B.. The 11 people were alleged to have been directed to gather information on nuclear weapons, federal politics and policy, and other advanced research. The defendants have not been charged with espionage and from most reports it is unclear as to what the exact spying activities are being charged. It appears the government is charging the group with immigration violations and possible identity theft.
A criminal complaint was filed instead of a federal indictment. Usually this is done because of a time constraint on the case. Either the suspects were aware of the investigation or there really is not much to present to a grand jury. It appears the investigation into these individuals lasted for several years and included wire taps and several searches. This type of case is going to be very document intensive. These defendants will need to hire very good federal defense attorneys to fight these charges. It will be critical to get an attorney that well versed in federal criminal cases. The government will bombarde the defense attorneys with records, reports and possible video. A strong defense will be critical to protecting the client's rights in this case. We have a New York federal defense attorney that is able to represent these individuals.

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South Carolina law enforcement is now investigating the Democratic senatorial candidate Alvin Greene. Greene won the primary for the Democratic party earlier this year. There has been much speculation regarding where Mr. Greene allocated the money he used to pay for his application for the senate race. Mr. Greene is currently facing criminal charges in South Carolina state court. What can be done to Greene based on this investigation? Greene will be investigated by local law enforcement agencies (South Carolina Law Enforcement Division; SLED) and possibly the local sheriff's department. These agencies have the power to subpoena Greene's bank account information in order to determine if someone gave Greene the money to enter the senate race. The real danger for Greene will come from any statements he makes during the investigation.
If Greene decides to speak with the investigators and he lies, he will have opened the door to a federal indictment. A state charge of fraud would most likely not mean that Greene would be facing any incarceration. However, if Greene were indicted by the United States Justice Department, he would most certainly be exposed to some type of incarceration. Greene needs to have an experienced federal defense attorney representing him during the pendency of this investigation. Any misrepresentation can be reexamined by the government to form a basis of a fraud indictment.
Any federal indictment will end Greene's run for the senate. Several other candidates have now appeared to run for this senate seat in anticipation that Greene will be charged with either election fraud or fraud in his application for a public defender related to his state obscenity charge.

Continue reading " Alvin Greene Invetigation " »

This year has been extremely active for bank robbers in the Charleston area of South Carolina. There have been over a 20 bank robberies in or around Charleston this year. This rise in bank robberies may be related to the current state of the economy in this country. Most of the robbers have been captured and are facing federal indictments in Charleston. The most recent robbery occurred on Monday, June 28th in Summerville at a BB&T bank. The local bomb squad was called to the bank to investigate the scene of the robbery. The robber has not been captured and the case will most likely be assigned to the local FBI office in Charleston. This brings the total of bank robberies in the Charleston area to around 11 this month. This robbers are facing substantial prison time if convicted in federal court in Charleston. A Charleston federal attorney will either be hired or appointed to represent this defendants when they are indicted. Most federal defense lawyers have experience defending bank robbery cases. The biggest factor to consider in defending a bank robbery case will be the threat or perceived threat presented by the robber to the bank employees and customers. If a weapon or bomb was used, you can bet the defendant will serve a significant amount of prison time and could face life in prison upon any conviction. A good Charleston defense attorney may be able to prevent such an extensive prison term or fight the case in trial an get the defendant out completely.
No defense attorney can promise a specific result on a particular case. However, an experienced federal attorney may be able to put up a good defense for any individuals who are charge in federal court. In the bank robbery case, any statements by the defendant, the location of the arrest, and any items linking the defendant to the case will be critical to the defense.

Continue reading " Bank Robbing in the Low Country " »

According to the South Carolina newspaper, The State, a teacher from Clinton High School, Darren Atkins, has been arrested and charged in two counts of contributing to the delinquency of a minor. Allegedly, Atkins has been involved in sexual activity with two (2) teenage girls from the school. An investigation began when one of the girls came forwarded and reported the crime to the Clinton Department of Public Safety. Apparently, the sexual misconduct was between August of 2008 and June 3, 2010. It is unknown as to the amount of evidence the South Carolina authorities have on the issue.

This type of crime can be difficult to prove if the victim does not provide information to police in order to attain forensic evidence. However, jurors and judges are usually sympathetic toward the young victims involved in these types of crimes. Although, the evidence prosecutors have available may not be significant, testimony from the victims are very convincing. If a person is charged in a crime relating to child abuse, it is important to hire a defense attorney that has experience in cases with similiar issues. There are several precautions that need to be taken in situations such as these, especially with regard to the child as they will need to be questioned and will most likely be interviewed by certified psychologists. If the proper forum is not used, a child, primarily those of a young age, may provide false information to authorities.

Hiring a knowledgeable South Carolina defense attorney is most important when being charged or investigated for a crime. Our attorneys understand the state and federal systems and will be able to assist you in your case.

Continue reading " Teacher Charged in Abuse Case " »

Charleston, South Carolina recently opened the expanded Charleston County Jail. The new facility encompasses a much larger area and has some of the newest technology. This facility holds state and federal defendants. There is no separation between these defendants inside the facility. Visitation is very liberal for Charleston Defense lawyers, but family and friends must still visit at designated times. This jail is located off of Leeds Avenue in Charleston, South Carolina. Although this facility is new in many regards, most of our clients have complaints regarding the actual enclosure and sleeping designations.
Many federal defendants are required to attend court every two to three months in Charleston federal court. This requires the defendants to appear in downtown Charleston extremely early in the morning. Usually the jail correction officers will wake up the defendant by 3:00 a.m. to attend a 11:00 a.m. hearing. Our Charleston criminal defense lawyers are experienced in defending federal cases in South Carolina. We are able to guide our clients through this process and defend their case to the best of our ability.

Continue reading " Charleston Criminal Defense " »

The New York Times has confirmed that Joran van der Sloot, the primary suspect, in the disappearance of Natalee Holloway was arrested on Thursday, June 3, 2010 for the murder of Stephany Flores. Allegedly, Van der Sloot met the young college student during a poker tournament in Peru. They were later caught on video entering the room of a hotel. Approximately four hours later, Van der Sloot exited the hotel alone. Ms. Flores was murdered on May 30, 2010, exactly five (5) years after the death of Natalee Holloway. During the police interrogation in Lima, Van der Sloot admitted to killing Ms. Flores. Peruvian law carries a maximum of thirty-five (35) years for a murder conviction; however, authorities are unsure if his confession will result in a reduced sentence.

Reportedly, Van der Sloot has also been charged with extortion and wire fraud in the United States since he attempted to extort $250,000 from the Holloway family in exchange for providing the location of Natalee's body. Van der Sloot was arrested twice for the murder of Natalee Holloway, but he was never formally charged due to a lack of evidence. Apparently, the Federal Bureau of Investigation in Birmingham, Alabama had been investigating Van der Sloot as early as May 10, 2010, when they identified the possible extortion claim. Many spectators wonder if the FBI reacted too slowly and if this murder could have been avoided if he had been arrested and charged in the United States initially before he had the opportunity to flee to Peru.

Van der Sloot most likely confessed to the murder of Stephany Flores in an attempt to reach a deal with the prosecution and receive less time. However, he probably did not anticipate that the United States would also charge him on the same date. For the charges in the United States, Van der Sloot faces maximum sentence of twenty (20) years in prison for the extortion and thirty (30) years for the wire fraud count.

In cases with multiple offenses, it is important to hire an attorney experienced within the practice of federal law to determine the options you may have available. In some cases, an individual may decide that it would be better to plead guilty and assist the government, rather than face a higher prison sentence. The best option for a client is decided on a case by case basis, since every situation is different. A knowledgeable attorney can provide you with such assistance and will be able to help attain an outcome that will be best for you. If you are being charged with a federal crime or are being investigated by the government, please contact one of our South Carolina criminal attorneys for a free consultation.

Continue reading " Van der Sloot Arrested on Murder Charges " »

The Fourth Circuit rendered a decision in U.S. v. Pettiford on June 3, 2010 in which conditions for granting the 28 U.S.C. Sec. 2255 for post-conviction relief are addressed. Pettiford had several convictions on his record prior to his arrest for being a felon in possession of a firearm. Under the Armed Career Criminal Act (ACCA), if individual has three or more prior convictions for violent crimes or serious drug offenses, then they are subject to an enhancement. During sentencing, Pettiford had a total of five (5) state court convictions that were applied pursuant to this act. After he was sentenced, two of those convictions were actually vacated and Pettiford brought forth a petition for post-conviction relief; otherwise known as a 2255 petition. The district court granted this motion reasoning that Pettiford was entitled to relief as he proved that two of the charges used against him were, in fact, vacated. He was resentenced from a term of 188 months imprisonment to 100 months after the court found that another conviction did not apply under ACCA either.

However, the government filed an appeal alleging that the district court erred in granting Pettiford a Sec. 2255 petition. The Fourth Circuit agreed with the government and found that Pettiford was not entitled to this relief because he did not prove that his sentence was unlawful because he would have been subject to the same sentencing enhancement until the district court determined that one of his prior convictions did not apply during resentencing. He did not address these issues in his petition or in his direct appeal, so the Court determined that vacatur alone is not enough. It only entitles a petitioner to seek review. As such, Pettiford's original sentence was reinstated.

This is an interesting decision by the court since it clarifies the requirements under Sec. 2255 more thoroughly and provides specifics on the types of issues involved with the ACCA. These are the reasons that it is most important to hire an experienced South Carolina appellate lawyer to address every issue applicable in the appeal. The Court of Appeals can only look to the record below to decide if something has been violated and, therefore, some controversial issues may not be considered. A federal appellate attorney would be able to assist you in determining what are the most important circumstances involved in your case and the best way to present them before the court. Our firm handles a variety of federal appeals within the Fourth Circuit and is widely knowledgeable about the requirements in filing these types of briefs.

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According to the Federal Bureau of Investigation in New York, Thomas and Heidi Komasa were charged in a ten-count indictment by a federal grand jury in Burlington County for conspiracy relating to an alleged mortgage fraud scheme. The couple have been released on bond and are awaiting a trial date as they have pleaded not guilty to the charges. The indictment claims that the Komasas provided false information in order to obtain mortgage loans on five (5) separate areas of real estate. It is believed that they bought the properties in the hopes that they could sell them for a higher price once the real estate market strengthened. The Komasas were able to acquire more than $2 million in loans. However, four (4) of the properties the couple purchased went into foreclosure, indicating to the bank that the couple were not qualified for the loans they received and sparking an investigation by the FBI. As a result, they could face a maximum of thirty (30) years in prison and approximately $1 million in fines.

In these types of circumstances, an individual rarely knows that they may have committed a federal crime. Recently, the federal government has become more involved in cases relating to fraud (i.e. bank fraud, mortgage fraud, etc.) due to its economic influences. Anyone could be subject to this type of crime depending on the evidence involved, such as realtors, lenders, investors, etc. In many instances, other individuals involved in the crime may attempt to provide the Government evidence in an attempt to lessen their exposure.

These are the primary reasons that it is important to hire an experienced mortgage fraud attorney that can ensure that the evidence gathered against you is legitimate. A sentencing term is highly dependent on the amount of money involved in the mortgage conspiracy as well as the list of other charges likely to be added into the indictment. A knowledgeable federal attorney would be able to review the Federal Sentencing Guidelines and determine a likely outcome for sentencing.

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