Posted On: June 30, 2011

U.S. Appeals Court Upholds Obama Health Care Law

The Obama Administration won the first appellate review of the 2010 health care law as a three judge panel from the 6th U.S. Circuit Court of Appeals held it is constitutional for Congress to require Americans buy health insurance. This ruling came as the first of three to be delivered by separate courts of appeal. The 4th Circuit in Richmond, VA and the 11th Circuit in Atlanta are expected to hand down their opinions very soon.

Appellate lawyers on both sides of the case expect the Supreme Court to take one of the cases. Judge Jeffrey Sutton, who is typically considered a conservative, is an appointee of President George W. Bush and was joined by a Democrat, Judge Boyce Martin Jr., who was appointed by President Carter, to write the majority opinion. Sutton wrote, "In my opinion, the government has the better of the arguments". He added, "Not every intrusive law is an unconstitutionally intrusive law." This is the first time a Republican federal court appointee has affirmed the merits of the law. Judge James Graham opposed the majority opinion. He was appointed by President Reagan and was on temporary assignment to the 6th Circuit.

The 6th Circuit majority sided with appellate attorney Neal Katyal, who is the Principal Deputy Solicitor General of the U.S., and decided that the mandate was "constitutional under the Commerce Clause" because "the provision regulates economic activity that congress had a rational basis to believe has substantial effects on interstate commerce," Martin wrote. "In addition, Congress had a rational basis to believe that the provision was essential to its larger economic scheme reforming the interstate markets in health care and health insurance." Graham opposed their reasoning and stated that if the mandate were allowed, "it is difficult to see what the limits on Congress Commerce Clause authority would be."

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Posted On: June 29, 2011

"Barefoot Bandit" Pleads Guilty

Colton Harris-Moore otherwise known as the "Barefoot Bandit" pleaded guilty to seven charges including bank burglary, two counts of interstate transportation of a stolen aircraft, interstate and foreign transportation of a stolen firearm, being a fugitive in possession of a firearm, piloting an aircraft without a valid airman's certificate, and interstate transportation of a stolen vessel. One of his federal criminal lawyers stated that the plea agreement addresses a sentencing recommendation and the question of whether he can participate in book or movie deals, with proceeds used to repay victioms.

Harris-Moore was on the run from authorities from 2009 to early 2010 when he flew a stolen plane from Anacortes, Washington to the Saun Juan Islands where he stole a pistol in Eastern British Colombia and stole plane from a hangar in Idaho, where investigators found bare footprints on the floor and wall, hence the nickname "Barefoot Bandit".

The "Barefoot Bandit" is being held at the Federal Detention Center at SeaTrac, Washington and is scheduled to be sentenced on October 28, 2011. According to his plea agreement, his criminal defense lawyer and the Assistant United States Attorney are recommending between 63 and 78 months; however, the judge does not have to follow the recommendation and may sentence him up to the maximum allowed.

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Posted On: June 28, 2011

Three People Convicted in Plot to Bomb NYC Temple

On May 20, 2009, four men were arrested in New York City for an alleged plot to detonate a bomb outside a Jewish Temple and fire rockets at U.S. military aircraft. The men had planned to detonate a car packed with plastic explosives outside a temple in a Bronx neighborhood.

The plot was infiltrated in June 2008 by a law enforcement informant named Jaish-e-Mohammaed who held meetings with the conspirators in Newburgh, New York and arranged to supply the terrorists dummy plastic explosives and an anti-aircraft missile.

The suspects were all converted Muslims. The leader of the group, James Cromitie, told the informant his parents were born in Afghanistan and that he was upset that the American military was there killing Muslims. The other suspects were David Williams, Laguerre Payen and Onta Williams.

Today, U.S. District Judge Colleen McMahon sentenced James Cromitie, Onta Williams and David Williams to 25 years. They were found guilty in October of conspiracy to use weapons of mass destruction against the United States. Laguerre Payen had his sentencing continued pending a psychiatric evaluation. Prosecutors sought life sentences for the three men who were sentenced today, stating they are career criminals and willing participants in the plot.

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Posted On: June 27, 2011

Blagojevich Convicted

Today, former Illinois governer Rob Blagojevich was conviced of corruption charges stemming from his attempt to sell President Barak Obama's Senate seat. It has been two and a half years since his arrest. Since then, Blagojevich has spent his time declaring his innocence on reality television shows. Blagojevich's criminal defense attorney tried to make the scandal appear as if the politician was only "thinking out loud" when the FBI was taping his conversation about the Senate seat.

Blagojevich spoke briefly with reporters after the verdict was announced, "well among the many lessons that I have learned from this whole experience is to try to speak a little bit less, so I’m going to keep my remarks kind of short. [My wife] and I are obviously very disappointed in the outcome and I frankly, am stunned."

Unbelievably, he is not the first governor from Illinois to go down for this type of crime. Blagojevich is actually the second straight governor from that state to be convicted of corruption. The governor before him, George Ryan, is currently serving over 6 years in federal prison.

If you or someone you know has been charged with a federal crime, our experienced federal criminal lawyers are here to help. Call one of the federal criminal lawyers at The Mace Firm for a free consultation.

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Posted On: June 23, 2011

Whitey Bulger Arrested

Bulger had a long criminal career, in fact, it has been the longest and most controversial in Boston's history. He has been listed as number 1 on the FBI's Most Wanted List since Osama bin Laden was killed. He grew up in South Boston's projects during the Depression. In 1956, he went to jail for the first time at Alcatraz for a bank robbery. In 1965, Bulger returned to Boston and became a top lieutenant under Howie Winter, boss of the Winter Hill gang. In the late 1970's, the FBI indicted more that 20 people, including Winter, in a horse race fixing scheme, making it possible for Bulger to take control of Winter's crime operation.

In the 1980's, John Connolly Jr., an FBI agent, made Bulger an informant. Bulger helped the FBI bring down Mafia crime boss Gennaro Anguilo. Then, under the protection of the FBI, Bulger's crime operation began a lawless killing spree over gambling operations. In 1994, Federal officials were about to indict Bulger when he fled Boston after being tipped by Connolly, who was convicted of Racketeering in May 2002 for protecting "Whitey" Bulger and his comrade Stephen "The Rifleman" Flemmi.

Bulger was able to elude the FBI until June 22, 2011, when after 16 years on the run, he has finally been captured in Santa Monica, California. Bulger was arrested Wednesday night at his apartment along with his longtime girlfriend, Catherine Greig. The FBI had been looking for Bulger since 1994 when he fled Boston after being connected to atleast 19 murders and other charges. Bulger was listed as one of the FBI's Top Ten Most Wanted. He is now looking at federal charges including murder, conspiracy to commit murder, narcotics distribution, extortion, and money laundering. He is scheduled to appear in federal court on June 23, 2011. He is going to need a good criminal defense attorney to help him fight these charges.

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Posted On: June 22, 2011

Illegal Liposuction in North Myrtle Beach

Last Thursday, a 19 year old local woman was taken to Grand Strand Regional Medical Center because she was vomitting and bleeding. The woman reported that she had received liposuction in the back bedroom of a North Myrtle Beach condo. She told police that she paid $1500 to the three people she had contact with online to have this procedure done. Once she arrived to the condo, she was given pills to put her to sleep for the surgery and was taken home after it was finished.

Less than a week after the woman's surgery, three people have been arrested and charged with first degree assault and battery and unlawful practice of a regulated profession or occupation without a license. The three people, one man and two women, are all from South Carolina and are being held on $50,000 bond. It is unclear whether they have retained a criminal defense lawyer at this time.

Luckily, no deaths have resulted from procedures performed at this illegal clinic. Police would not have been able to catch the criminals unless this patient had come forward. North Myrtle Beach Police are currently in the process of tracking down another patient who received liposuction in the condo.

The charged trio will probably benefit from a consultation with a good criminal defense lawyer in Myrtle Beach. If you or someone you know has been charged with a crime, please call one of the Myrtle Beach criminal lawyers at The Mace Firm for a free consultation.


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Posted On: June 21, 2011

Leader of La Familia Arrested

Jose de Jesus Mendez aka "El Chango" or The Monkey was taken into federal custody in the central Mexican state of Aguascalientes on June 21, 2011. Mr. Mendez is going to need to hire a federal criminal defense lawyer to defend him in court. Mendez led a faction of La Familia, a network that specializes in producing and shipping methamphetamine to the United States. Alejandro Poire, the government's security affairs spokesman stated, "With this capture, what was left of the command structure of this criminal organization is destroyed."

La Familia was one of Mexico's most feared and most powerful cartels until the death of its boss Nazario Moreno split it into factions. Mendez has been running La Familia since Moreno's death along with another suspected kingpin, Servando Gomez. La Familia has several different factions who are heavily armed and move loads of cocaine, marijuana, and methamphetamines into the United States.

Servando Gomez is still at large and has vowed to replace La Familia with Knights of Templar. The name Knights of Templar alludes to a Christian order of knights founded in Jerusalem in 1118 to protect pilgrims in the Holy Land after the First Crusade.Gomez is wanted by the United States for conspiracy to import and distribute cocaine according to a 2009 federal indictment. The indictment also states that he may be behind the murder of 12 Mexican federal law enforcement officers. If and when Gomez is caught he will need to hire a federal criminal defense lawyer.

At The Mace Firm our Charleston criminal defense lawyers are experienced in handing any kind of federal indictment. Even if you have not been indicted yet, but believe that you are the subject of an indictment our criminal defense attorneys can begin working for you and take advantage of speaking with the federal government before the grand jury completes its work. If you or someone you know has been indicted or believes that they may be indicted by the federal government, please call The Mace Firm to schedule a free consultation with one of our Charleston criminal defense lawyers.

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Posted On: June 18, 2011

Fraudulent Check Indictment in Charleston

James Seymore was indicted for fraud this week by the United States Attorney's Office in Charleston, South Carolina. The indictment alleges the Mr. Seymore wrote fraudulent checks from a local labor union. The local union president, Kenneth Riley, was aware of the investigation and informed the Post that Seymore was not affiliated with the local union. This type of indictment will expose Seymore to several years in prison. He is also charged with aggravated identity theft.

The United States sentencing guidelines will more likely than not be the largest factor in this case. If the government can show early on that Mr. Seymore committed any of the alleged acts, it will be in his best interest to negotiate a deal. A good criminal defense lawyer in Charleston will be able to help him either defend his case or to negotiate a deal.

A good federal defense lawyer understands the sentencing guidelines and how to calculate a defendant's guideline range based on their criminal history and relevant conduct. It is a large mistake to hire an attorney for federal court that does not fully understand how the guidelines apply and how the federal government prosecutes cases. Federal court is completely different than most state court cases. The witnesses are usually much more experienced and the government has an unlimited budget to use in their case.

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Posted On: June 18, 2011

Amanda Knox Appellate Hearing

Amanda Knox was originally sentenced to 26 years in prison last year for the death of her roommate, Meredith Kercher. Knox and her boyfriend, Raffaele Sollecito, were found guilty of the murder. According to CNN, Knox's appeal has allowed her to retest the evidence that was used to convict her (i.e. DNA samples from the murder weapon). Further, an Italian inmate testified that a fellow prisoner confessed that Knox was not involved in the killing. Mario Alessi testified that Rudy Guede, who has been convicted of being involved in Kercher's murder and serving a 16-year sentence, told him that Knox did not participate in the killing. Marco Castelluccio has also testified that Guede told him that Knox had nothing to do with the crime.

As part of her appeal, Knox hopes to prove that there is enough doubt to overturn her previous conviction. For example, some of the DNA samples were not able to be double tested because the samples were too small and similar evidence was not tested until six weeks after the murder. Once the testing is complete, forensic experts will present their analysis to a jury composed of two judges and six citizens.

Appealing a sentence and conviction is difficult without the advice and assistance of legal counsel. If you have been convicted of a crime, a knowledgeable appellate attorney will be to advise you on the appropriate issues for an appeal. Our South Carolina appellate attorneys are highly experienced in both state appeals and federal appeals to the United States Court of Appeals for the Fourth Circuit.

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Posted On: June 17, 2011

Myrtle Beach Police Arrest Wanted Man

44 year old John Mccoy was arrested around 8 a.m. this morning on Broadway Street in Myrtle Beach. Mccoy is wanted in two different states, Indiana and Arkansas, for two different crimes. The man is wanted in Indiana for charges of child molestation. He also still has four years of a prison sentence there. Another charge Mccoy is facing is larceny in Arkansas. Mccoy will be extradited and will face prosecution for being a fugitive. Mccoy will probably need a good criminal defense lawyer to help him with his case.

Police across the country in Montana weren't so lucky with their encounter with a fugitive. After a shootout with police last weekend, the fugitive, David Burgurt ran into the Lolo National Forest and was unable to be found. The Sun News reports at the time of Burgert's 2002 arrest, U.S. authorities said Project 7 planned to kill officials in a plot to overthrow the federal government. Burgert was caught with a military-style assault rifle, and deputies recovered thousands of rounds of ammunition.

If Burgert is caught, he will likely need a good criminal defense lawyer. Our Myrtle Beach criminal defense lawyers are experienced in handling federal crimes and state crimes. If you or someone you know has been charged with a crime, call one of the Myrtle Beach criminal defense lawyers at The Mace Firm for a free consultation.

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Posted On: June 16, 2011

Casey Anthony Trial Reaches Midpoint

The prosecution has rested in the Casey Anthony trial, and the defense moved for an acquittal, arguing that the state failed to meet its burden of proof. Under the law, the prosecution is required to prove its case beyond a reasonable doubt. A criminal defendant does not carry a burden of proof, unless asserting an affirmative defense. Anthony's criminal trial lawyer argued that the prosecution had only proved that Caylee, Anthony's two year old daughter, was dead and that Casey Anthony had a history of telling lies. Cheney Mason, Anthony's criminal attorney, also pointed out to the court that prosecutors failed to prove that Anthony planned and carried out a premeditated murder, as required under the murder statute.

The trial court denied Anthony's motion, however, this issue is now preserved for her appeal, should she be convicted. In her appellate brief, Anthony's appellate lawyer can now argue that there was insufficient evidence at trial to convict her and that the trial court should have granted the motion. While the state introduced over 130 pieces of evidece during the trial, a great deal of the evidence against Anthony is circumstantial. This could be a very strong issue for her appeal in Florida.

Additionally, the state introduced a video displaying a picture of Caylee which ended showing her decomposed body. This video was so graphic that most news networks would not show it on television. This is another potenial issue for Anthony's appellate attorney to explore, what most people would refer to as her appeal lawyer. If the appellate lawyer can show that this evidence was soley admitted to inflame the jury, Anthony may be granted a new trial.

At this point in the trial, Anthony must decide whether to testify. I doubt she will take the stand, but will be interested to see what evidence is presented by the defense over the next few days.

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Posted On: June 16, 2011

Supreme Court Decision on Juvenile Miranda Rights

Today, a divided United States Supreme Court ruled that police should have considered a 13-year-old robbery suspect's age when he was questioned in J.D.B. v. North Carolina. The question presented to the court was whether the juvenile was entitled to be given a Miranda warning. The juvenile was taken from his classroom into a conference room where a police officer, assistant principal, school resource officer and an intern asked the child if he wanted to talk about the robbery. He agreed to talk and eventually admitted he was involved in robberies that had occurred throughout the neighborhood. The police officer told him he did not have to continue talking; however, he continued to incriminate himself further for approximately 30 to 45 minutes. The child's parents were not notified and he was never read his Miranda rights.

When charges were filed in juvenile court, the judge allowed the confession to be admitted as evidence since the child was not taken into custody and provided the statements voluntarily. The Supreme Court found that age is something that must be considered in deciding whether a person is considered in custody. However, the dissenting judges felt that the majority was taking Miranda too far and applying personal characteristics in the once, objective standard.

In cases like this, an experienced criminal defense lawyer would be able to determine whether a person would be considered "in custody" for Miranda purposes. For example, the length of the interview and the number of officers present are applicable factors. Our South Carolina criminal attorneys are knowledgeable on both the federal and state levels and can assist you with your case.


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Posted On: June 15, 2011

Myrtle Beach man Sentenced in Criminal Case

According to the Sun News Myrtle Beach man has been sentenced to two years in prison after pleading guilty to being an accessory to a 2008 murder. He was originally sentenced to five years, but Judge Culberston suspended the sentence to two years of actual prison time. The defendant, Stukes, was given a large break in his sentence because he testified against two other men. One defendant was given life in prison after his trial. This type of case is very typical in Myrtle Beach. Many criminal cases are based on the testimony of co-defendants. Rarely are these cases solved without the assistance of someone who is involved in the crime. It was not clear which Myrtle Beach Lawyer represented Stukes from the Sun News article. However, it appears that Stukes had very good representation in getting such a low sentence for this offense. The prosecutor in the case gave Stukes a break in his punishment based on his testimony. This is typically referred to as a proffer agreement. Man defendants that get reduced sentences after testifying have signed a proffer agreement and are cooperating with the prosecuting office.
In federal court a proffer agreement can bring with it immunity from prosecution for a varied of crimes. In years past this was referred to as a "Queen for A Day Letter." In other words, you could tell the government anything you wanted in this one meeting and you would not be prosecuted for giving this information. There are situations where this may seem like the only viable option. A good criminal defense lawyer in Myrtle Beach will be able to discuss this option and the any other option such as taking your case to trial.

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Posted On: June 15, 2011

John Edwards Federal Indictment

John Edwards will be facing a federal jury at some point during the next two years. This type of case is considered a white collar criminal case because of the nature of the charges. The case will be difficult for the government to prove not only because the violation is not clear, but Edward's federal defense lawyer will be more than prepared to fight these charges. ABC news released his Edward's mug shot today and their comment that his smile was a bad idea is actually incorrect. Having defended many individuals in federal court, I can tell you that the mug shot will come into play at a trial. His picture is perfect for the defense. He is not ashamed, he is not afraid, and he shows that he is a professional. Many time people are crying and have their head down which is easy to do in this situation, but the stronger you are in the beginning they better your chances.

Why these particular charges?
1. Conspiracy- the government charged Edwards with conspiracy because they have obviously gotten someone close to him to testify against him and they indicted that person as well or threatened to indicted them in exchange for their cooperation against Edwards. In plain English, the government cannot prove Edwards did anything wrong without having someone else admit they also acted illegally with Edwards.
2. Illegal Campaign Contributions- this charge is ridiculous and is thrown into the mix to get the jury to believe Edwards was playing the system. The man is a multimillionaire, he did not need to funnel campaign funds to a mistress. This will be the hardest count for the government to prove.
3. False Statements- this is the winning count for the government. They put an agent on the stand who testifies that Edwards told them "A" on Monday and then they discovered that it was actually "B" on the Monday. Therefore, he has lied to the government agent during a federal investigation. The trick here is that anything can be construed as Edwards not being completely forthcoming. The government indicts people for lying when they really do not have anything else to indict. It should not be allowed in our system. There is no requirement in our Constitution that you must be truthful with the government when they are investigating you. Why in the Hell should anyone have to sit down with the government and hang themselves?
A good federal defense lawyer rarely allows their client to speak with the government without some type of immunity from prosecution. In this case we will not know until the trial starts as to what has occurred, but we do know right now that there is a strong probability that Edwards should have never been indicted.

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Posted On: June 14, 2011

South Carolina Supreme Court Opinion on Hearsay Objection

The following South Carolina Supreme Court opinion interprets the hearsay rule in trial. In this case the witness was cross examined on information provided during trial. The court interpreted the standard as an abuse of discretion by the trial court. May South Carolina Appeals are based on judicial error. The court went on to describe that prejudice occurs when there is reasonable probability that the wrongly admitted evidence influenced the jury's verdict. In trial, split decisions need to be made by the criminal defense lawyer. This case is the typical example of the defense lawyer in South Carolina making a quick decision on an evidence issue. Many times the decision will not matter because the trial judge has also made a quick decision and the appellate court must sort out the issue on appeal.
The full opinion is below.

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Posted On: June 13, 2011

Charleston Criminal Defense Lawyer will Be needed

A Dorchester couple will be in need of a Criminal defense lawyer in Charleston after a meth lab bust. The arrest comes after DSS workers were sent to the defendant's home to check the status of children in the home. A search warrant was acquired and according to the Post and Courier there was a considerable amount of manufactured meth recovered. The couple could face a federal indictment if the amount of meth reaches a point that the government feels was substantial. The problem with many meth lab cases in South Carolina is the fact that there is usually very little meth recovered and most of the people manufacturing the drug are doing so primarily for personal use. Many times the U.S. Attorney indicts the case because there are multiple counties involved and possible jurisdictional problems with the local solicitors office.
In this case, it appears the county and/or state investigated the scene and most likely the state will prosecute and not the feds. A good Charleston defense lawyer can help this couple with these charges. They will have a bond set at some point this week and depending on their prior record, they could be out of jail this week. If they cannot afford to hire an attorney in Charleston or Dorchester, one of them will be appointed a public defender.

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Posted On: June 11, 2011

Roger Clemens Federal Trial

Roger Clemens federal trial is set to begin in July in Washington D.C. He is charged with obstruction of justice, false and misleading statements and unjust enrichment. These federal charges stem from his testimony before Congress where he vehemently denied every using steroids while under oath. It is always a bad idea to testify under oath unless you have the ability to assert some type of immunity. In this case, I am sure that his lawyer advised him not to testify. His criminal defense lawyer is very experienced and has built a solid reputation. By giving sworn testimony to Congress, Clemens, insured that he would be indicted. A with many high profile clients, they ability to understand the legal system is limited. They have been given a pass on some many other problems, they do not realize what the power of the federal government truly is. A good federal criminal lawyer can usually predict when an indictment will be forth coming.

The trial for Clemens should take no longer than four weeks if both sides are prepared. Clemens is not being tried in Texas and this will hurt his chances of being found not guilty. His star power will not help in Washington D.C., and he will have to rely on his great criminal defense lawyer. Our federal defense lawyer is experienced in defending federal indictments in jurisdictions all across the country. It is important to hire a lawyer and law firm that knows how to properly fight the justice department. Clemens current defense is based on his presence at a golf tournament during an important time that the indictment alleges Clemens was present and using the enhancements.

Our Charleston Criminal lawyer is ready to speak with anyone regarding a federal indictment.

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Posted On: June 7, 2011

Ramasir Sentenced in Real Estate Fraud Scheme

The Federal Bureau of Investigation in New York announced that Elviston Ramasir, the former president of Home Free Realty, Inc, was sentenced to 51 months imprisonment for committing real estate fraud schemes in New York. Ramasir pled guilty to stealing $1.5 million from an investor. In that scheme, Ramasir promised significant returns if the victim invested in properties, but Ramasir never purchased them. He told the investor that he had obtained 38 properties in Brooklyn and Queens; however, most of the properties did not exist or were owned by other individuals. Ramasir also created false documents and forged them to make the investor believe he had actually purchased the property. In reality, Ramasir had used the $1.5 million for his own personal use. Ramasir also pled guilty to another scheme in which he used Craigslist to solicit renters for properties he owned. The renters would provide him money, but Ramasir would not allow them to occupy the property. Ramasir was sentenced to 51 months in prison for the crimes, three years supervised release, and was ordered to pay over $1.4 million in restitution.

Today, defendants involved in white collar crimes are sentenced more harshly due to the increase in these types of cases. There are several different types of white collar crimes (i.e. mail fraud, wire fraud, real estate fraud, etc.) and the appropriate defenses often depend on the particular crime charged in the indictment and the amount of money involved. Sentencing will usually vary according to the amount of money at issue, the number of victims that have been harmed from the fradulent conduct, and the defendant's role in the illegal conduct. An experienced federal defense lawyer will be able to consider these factors and come to a accurate estimate of the penalties that the defendant could potentially face. As such, it is important to seek an attorney in both the pre-indictment and post-indictment stage so that they can advise you on the best approach to take in your case.

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Posted On: June 7, 2011

Myrtle Beach Criminal Arrests

A Myrtle Beach woman has been indicted on two charges of prostitution in connection with incidents which occured in December and January. Officers were conducting surveillance for an undercover prostitution investigation when they caught the woman entering the vehicle belonging to Russell Heafner. The two gave conflicting information about what they were doing and where they were going when officers pulled them over. Heafner has been charged with simple posession of marijuana and first-offense solicitation of a prostitute. They will both need a Myrtle Beach Criminal Lawyer to help her with this case.

Also in Myrlte Beach, a man is in custody after he robbed a woman at knifepoint at a hotel, then stole her vehicle. The suspect also stole the woman's money and cell phone. The victim was told to sit in a corner as the suspect drove out of the parking garage of the Sea Mist Resort in her car, which happened to be a rental. Police tried to pull the suspect over, but he continued driving. He eventually pulled into a parking lot and fled the vehicle. Horry County officers found the suspect much later hiding in the woods. This defendant will face a severe penalty in the South Carolina judicial system. He should speak with a Criminal Lawyer in Myrtle Beach as soon as he is able to afford the representation.

If you or someone you know has been charged with a crime, call one of the criminal lawyers in Myrtle Beach at The Mace Firm.

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Posted On: June 6, 2011

John Edwards Indicted

John Edwards was recently indicted on six counts, including charges for conspiracy, campaign contribution law violations, and issuing false statements. Edwards was indicted in the Middle District of North Carolina. He pled not guilty to the charges.

If John Edwards goes to trial and is convicted, his appeal will be heard in the United States Court of Appeals for the Fourth Circuit. The Fourth Circuit hears appeals from North Carolina, South Carolina, Virginia, West Virginia and Maryland. Edwards appellate attorney could raise a variety of issues in his brief, depending on what was preserved at trial. For example, his appeal lawyer could argue that there was insufficient evidence to convict him or that he was innocent of the charges. The court may also decide to hear oral arguments, therefore, Edwards federal appellate lawyer would likely travel to Richmond, Virginia to make the presentation to the court.

Edwards could still file an appeal if he decides to plead guilty, as long as his plea agreement does not contain a valid appellate waiver. He could appeal his actual term of imprisonment. For example, Edwards may argue that his sentence was unreasonable or that the court applied a sentencing enhancement erroneously.

John Edwards is facing serious charges and it will be interesting to see how his criminal defense attorney handles his case.

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Posted On: June 3, 2011

Nine Defendants Charged in Charleston Drug Conspiracy

According to the Federal Bureau of Investigation, nine defendants were detained for a conspiracy involving more than a kilogram of heroin. Authorities confiscated approximately 10,000 bags of heroin from a vehicle on May 15, 2011. This evidence was vital in the court's decision to detain the individuals. Each of the defendants faces differing mandatory minimum sentences for their alleged involvement in the conspiracy.

The sentence that each of these individuals will receive depends on the amount of drugs involved, past criminal involvement, and each person's overall role in the conspiracy. The best way in understanding this type of indictment is through the United States Sentencing Guidelines. However, the amount of alleged drug activity specified in the indictment will rarely be the only amount in determining how much prison time an individual will be exposed to during sentencing. Basically, each defendant will receive a presentence investigation report ("PSR") which gives a detailed calculation of past criminal history and any illegal activity relating to the crime listed in the indictment. The PSR will use those factors to calculate an approximate sentence under the United States Sentencing Guidelines.

It is often very difficult to interpret the United States Sentencing Guidelines and calculate the amount of prison time that an individual may be facing. As such, it is important to hire an experienced federal criminal defense lawyer to advise you on the best approach to take in your case. A defense attorney should be knowledgeable about the United States Sentencing Guidelines to inform you about any possible enhancements, adjustments, or departures.

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Posted On: June 2, 2011

Murrells Inlet Bank Robbery

Wednesday morning, two masked men robbed a BB&T bank in Murrells Inlet, South Carolina. Security photos from the bank show the first suspect grabbing a person in the lobby of the bank while the second suspect attempts to jump the teller counter. The two men also fired shots into the bank, but no injuries were reported.

Witnesses report that the two men were last seen running toward a local fitness club's property. Local detectives are investigating the incident and are asking for assistance from anyone with information about the robbers or the incident.

Even when a bank robber's picture is captured by a securtiy camera, some of the suspects never get caught. Late last year, a man robbed a Myrtle Beach Wachovia bank and was not caught. In fact, it appears he was not trying to disguise his identity while he calmly asked a bank teller to hand over the money.

If the suspects from the Murrells Inlet bank robbery are caught and charged, they will likely need to hire a federal criminal defense lawyer. If you or someone you know faces federal criminal charges, please call one of the Myrtle Beach federal attorneys at The Mace Firm.

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Posted On: June 1, 2011

White Collar Crime

White Collar Crime is a term for crimes involving bank fraud, blackmail, bribery, cellular phone fraud, computer fraud, counterfeiting, credit card fraud, currency schemes, embezzlement, environmental schemes, extortion, forgery, health care fraud, insider trading, insurance fraud, investment schemes, kickbacks, larceny/theft, money laundering, racketeering, securities fraud, tax evasion, telemarketing fraud, and welfare fraud. Our good criminal defense lawyers have experience in defending white collar crimes in federal and state court.

White collar crime is nonviolent and involves deception. Most people who commit a white collar crime are caught because they leave a paper trail of evidence. Depending on which type of law is broken, state or federal, these crimes can be prosecuted at the state or federal level. If you are convicted of any of these crimes, you stand to spend time in jail, pay large fines, and you will probably have to pay restitution to the victim. It is important that if you are charged with a white collar crime that you contact a criminal defense lawyer as soon as possible.

Federal white collar crimes are extremely complex. You will need someone who is experienced in the federal court system. Our Charleston criminal defense lawyers have been defending companies and individuals in federal court for many years. If you or someone you know has been indicted or is worried that they may be indicted for a white collar crime, please call The Mace Firm to schedule a consultation with one of our Charleston criminal defense lawyers.

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