South Carolina Criminal Lawyer Blog

Sam Hurd, a wide receiver for the Chicago Bears, was released from his position last week after he allegedly accepted a kilo of cocaine from an undercover cop. Apparently, Hurd was suspected of being a potential drug dealer during the NFL lockout over the summer. Other NFL players may also be going down with Herd due to a report that police have a "list" of players who have a connection to Hurd.

"In a statement released Friday, the special agent in charge of the DEA's Chicago office said the DEA will assist the U.S. Department of Homeland Security. Special Agent Jack Riley promised that the investigation would be treated like any other drug trafficking case and that anybody who breaks the law will go to jail -- whether they're a professional athlete or not.
Hurd told the agent that he was interested in buying five to 10 kilograms of cocaine and 1,000 pounds of marijuana per week to distribute in the Chicago area, the complaint said. He allegedly said he and a co-conspirator already distribute about four kilos of cocaine every week, but their supplier couldn't keep up with his demands. A kilogram is about 2.2 pounds."

Hurd's criminal defense lawyer insists that the player has never sold drugs to other NFL players. "Sam has asked me to address one point, with respect to the rumors that Sam has been supplying drugs to other members of the NFL, out of respect to the NFL, out of respect to teammates and out of respect to other players, he 100 percent denies that allegation," Brett Greenfield said. "It is patently and totally false. It just didn't happen."

When Hurd appeared in court, he waived his right to a preliminary hearing, which means that prosecutors will take the case before a grand jury. He faces up to 40 years in prison and a $2 million fine if his is convicted of conspiracy to possess with intent to distribute more than 500 grams of cocaine.

This isn't Hurds first run-in with authorities. Earlier this year, $88,000 in cash was seized in a car he owned in Dallas. The money was found in the car after Hurd said he dropped the car off at a shop for maintenance work. The vehicle was pulled over when the money was found, but Hurd was not the driver, so he was never charged with anything.

If you or someone you know has been charged with a crime related to drugs, call one of the experienced criminal defense lawyers at The Mace Firm. Our drug trafficking lawyers are ready to speak with you about your case. Call today to schedule your free consultation with a Myrtle Beach defense lawyer today.

Continue reading "Chicago Bears WR Released from Jail, then Team" »

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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Continue reading "Charleston Criminal Defense Lawyer will Be needed" »

Rashad Muhammad has been waiting to go to trial for charges in connection with nearly 500 pounds of marijuana found in North Charleston. Early this month, he finally got a day in court before he was sent back to jail to wait a little longer. According to news reports, "Prosecutors in the marijuana smuggling case against Muhammad failed to share key evidence with Charleston criminal defense attorneys until after the trial started, a misstep so grave that the judge abruptly ended the case Tuesday and made an assistant U.S. Attorney apologize to jurors for wasting their time."

Charleston federal defense attorney, Russell Mace, representing Muhammad "told Judge Duffy on Tuesday morning that prosecutors turned over important evidence after 7 p.m. the night before. Specifically, Assistant U.S. Attorney Matthew Modica gave them a waiver signed by one of the other men giving up his right to remain silent, plus that man's statement that Muhammad was not at his business the night of a search."

If you or someone you know is involved in a federal crime, please call one of the Charleston federal defense attorneys at The Mace Firm.

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Continue reading "Charleston Federal Drug Trial" »

This week, defensive lineman for the Washington Redskins, Albert Haynesworth, has been charged with sexual abuse. Apparently, Haynesworth has been accused of sliding his credit card down the front of a server's dress and fondled her chest. According to FoxSports.com, "A grand jury returned an indictment formally charging Haynesworth in the alleged incident at a downtown Washington hotel in the early hours of Feb. 13. If convicted, the 29-year-old two-time All-Pro faces up to six months in jail and a fine of up to $1,000." Unfortunately for Haynesworth and his team, this is not the only charge he is facing. The website also reports that "Haynesworth also faces charges in Virginia, accused of punching a man during a road-rage assault. His trial is scheduled for May."

In New Zealand, ten Malaysians were caught attempting to smuggle over two pounds of methamphetamine in their shoes. According to MSN.com, "The bust at Auckland Airport on Tuesday was the largest number of drug couriers caught in a single incident at New Zealand's border, customs official Mark Day said. The drugs recovered were worth about $8 million. Day said the alleged traffickers posed as a tour group apparently hoping it would help them avoid scrutiny. A group of alleged traffickers from Taiwan were caught trying to use a similar tactic last year." They could be sentenced to life in prison if convicted.

If you or someone you know is being charged with a federal crime, please call one of the federal criminal defense attorneys at The Mace Firm.

Continue reading "Criminal News" »

This month, the mayor and police chief of a New Mexico border town were accused of participating in a ring alleged to have illegaly sent guns to Mexico. ABC news reports, "A federal indictment said the defendants have engaged in a conspiracy — based in Columbus, N.M. — to buy firearms since January 2010. Law enforcement officers executed search warrants Thursday at the Columbus Police Department, a gun shop and eight homes." There are a total of 11 defendants and 10 of them are set for initial apperances in federal court in Las Cruces. One defendant remains at large and is considered a fugitive.

In other recent news, 4 mexicans are facing trial on federal methamphetamine trafficking charges. According to HeraldBulletin.com, "A federal grand jury last week indicted 31-year-old Rosalba Acevedo, 38-year-old Heriberto Ibanez Garcia, and Lenin Aguirre and Juan Castillo. The U.S. attorney's office says the men are charged with conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine." If the men are convicted, they could be sentenced to life in prison and be fined up to $4 million.

At the end of last year, the U.S. border police found a 600-yard tunnel used for drug smuggling which linked southern California with Mexico. The tunnel was even equipped with a rail system and had lights and ventilation. The tunnel was primarily used for trafficking marijuana and was run by an American citizen and his mexican wife. According to U.S. customs and border protection, "This wasn't a mom-and-pop operation, or in this case a husband and wife operation. This is clearly organized crime at work."

If you or someone you know are involved in a drug-related crime, you will need to hire a federal criminal attorney. Do not hesitate to contact one of the South Carolina federal criminal attorneys at The Mace Firm.

Continue reading "Drugs and Guns" »

Drug abuse in South Carolina is disturbingly common. A recent study by the National Drug Abuse Index reports that "the primary drug of abuse in the State of South Carolina is cocaine, and its derivative cocaine base (crack). Multi kilogram cocaine investigations and seizures are common-place throughout the state." Another resource, SoberPursuit.com, states that "there will be around 26,325 people arrested this year for drug-related charges in South Carolina," and, "it is believed that there are around 34,172 cocaine addicts living in South Carolina."

In some cases, even the "good guys" are bad. In December 2010, a state trooper in South Carolina was charged with buying cocaine. According to SCnow.com, "43-year-old Bobby Lee Spurgeon was arrested and charged with drug posession after police say he bought more than three grams of a white powder that tested positive for cocaine." Apparently, Horry County police had Spurgeon under surveillance before his arrest.

Despite what we see in the newspaper headlines, not all offenders are locals. A good portion of drugs in the state of South Carolina are being transported to and from by illegal immigrants from Mexico. This year, an illegal immigrant from Mexico was charged with arranging the transportation of large quantities of marijuana and cocaine from Texas to South Carolina.

If you or someone you know finds themselves involved in a drug-related crime and need representation, please call The Mace Firm to schedule a free consultation with our South Carolina federal attorney or state criminal lawyer.

Continue reading "SC Drug Dilemma" »

The State confirmed that Andrew Nelson of Irmo, South Carolina has been arrested as a result of an alleged marijuana-growing operation at his home. The Lexington County Sheriff's Department stated that he has been charged with manufacturing marijunana. Approximately twenty (20) marijuana plants, which is valued close to $20,000 were found in the home. Nelson is currently awaiting a bond hearing.

In these types of cases, law enforcement agencies usually conduct a prolonged investigation before initiating this kind of sweep. The officers must have had a suspicion that drugs were in fact in Nelson's home. This information was probably provided by a confidential informant or the result of an investigation into Nelson's activities. In either event, it is important not to speak to anyone until you have consulted with a defense lawyer about the case. An experienced defense lawyer would be able to advise you on the appropriate steps you should take in order to reach the most favorable outcome. This includes requesting discovery documents to determine the amount of evidence that may be used against you during trial. It is the responsibility of your attorney to inform you of all your options and provide you with all information in order to make the best decision on your case.

Continue reading "Man Charged in Marijuana Operation" »

Over the past several years there has been a major shift in the manner in which cocaine arrives in the United States. In years past my office in Miami represented a large number of Columbia, Cuban and Haitian nationals that were charged with trafficking in cocaine. Attorneys in Miami and New York spent a great deal of time defending drug charges in federal court. The change has come in the manner in which cocaine is now entering the United States. The Columbian cartels of old would use the Port of Miami as one of the largest delivery areas in the country. With the burden of delivery falling on the Columbians. That has now changed with the introduction of the Mexican cartels. There have always been Mexican cartels, but with limited access to cocaine, the profits were not anywhere near what the Columbian cartels were producing. Now, the Columbian cartels have realized a simple solution to getting cocaine to the United States. Let the Mexicans handle the drug trafficking into the United States. It has been abundantly clear that the largest supplier of cocaine to the United States is now Mexico. The cocaine is easily delivered from Columbia to Mexico.
Our criminal defense attorneys in South Carolina have seen a dramatic increase in federal drug trafficking charges. The drug conspiracies have Mexican ties at several different levels. The Mexican cartels are shipping the cocaine throughout the country via the interstate road system. At any given moment there are thousands of kilograms of cocaine traveling on interstate 10 and interstate 95. The cocaine is bound for cities such as Charleston, South Carolina, Atlanta, or New York. There is still cocaine coming into Miami, but the DEA has been so active in Miami, it is easier for the Columbian cartels to just deliver the cocaine to Mexico. Our federal defense attorneys are experience in defending drug conspiracies throughout the United States.
Local DEA officers in South Carolina are being over run with drug cases. There is also a large money laundering enterprise in the Myrtle Beach area that is yet to be indicted. There is a significant lack of federal law enforcement in the Grand Strand area. The need for this law enforcement and a Federal Courthouse in Myrtle Beach would increase the quality of life for many people in the area.

Continue reading "Mexican Drug Cartel Control Cocaine Supply in South Carolina" »

Although the United States Sentencing Guidelines are now advisory, they are still an important part of all federal sentencing proceedings, including drug crimes. Drug offenses are routinely prosecuted in federal court. Theses offenses can involve a variety of conduct, including drug conspiracies, federal drug trafficking, possession with intent to distribute, and possession of drug paraphernalia. Drug conspiracies may be proven through the use of circumstantial evidence, however, the following elements must be met: an agreement between two or more persons to possess or to possess with intent to distribute some kind of illegal drug or controlled substance, including cocaine, cocaine base, know as "crack", heroin, methamphetamine, or marihuana, the defendant must know of the conspiracy, and must also be knowingly and voluntarily part of the conspiracy.

Drug quantities are an essential part of sentencing in Federal Court. For example, a person convicted of drug conspiracy is not only sentenced based on his own conduct, but also on the basis of the conduct of his co-conspirators that was known to the defendant or was reasonably forseeable to him. This may even include uncharged drug amounts as well as all amounts charged in dismissed counts. This concept is known in the sentencing guidelines as relevant conduct. However, after the Supreme Court's decision in Apprendi, drug quantities which increase the statutory maximum penalty are elements of the offense which must be charged in the indictment and presented to a jury for proof beyond a reasonable doubt.

A federal lawyer may attempt to have the government stipulate to a specific amount of drugs before the sentencing hearing to minimize the potential guideline range. Additionally, a federal defense attorney will almost always file objections to the pre-sentence investigation report and a sentencing memorandum to highlight any mitigating factors to the court.

Continue reading "Federal Drug Offenses and the Sentencing Guidelines" »

4 people have been arrested by the Drug Enforcement Unit near Conway, South Carolina. The defendants have been charged with distribution of marijuana, possession of marijuana with the intent to distribute and trafficking marijuana in close proximity to a school. All these charges expose the defendants to prison time. The case will be prosecuted at the Conway Courthouse. All the defendants are out on bond. They most likely used a Conway Bail bondsman or a Myrtle Beach bail bondsman so they did not have to post the entire bond. Our Conway attorneys are available for bond hearings with in hours of getting notice. We are able to attending the hearings and most likely get the bond lowered.

Continue reading "4 People Arrested for Marijuana in Conway" »

Congressman John Conyers recently sent a letter to the acting DEA administrator questioning the DEAs aggressive enforcement of marijuana laws against medical growers and users in California. Obviously Congressman Conyers does not fully understand the forfeiture provisions of our federal laws related to drug indictments. The DEA is able to seize millions of dollars of assets even if a defendant is found not guilty of any violation of federal law. There is a civil forfeiture provision that follows the civil burden of proof instead of the criminal standard of beyond a reasonable doubt. The use of this forfeiture tool has only recently been used in South Carolina. It has been as standard tool for indictments in Miami and Florida in general. Defense lawyers usually will represent a client in the civil forfeiture proceeding as well as the criminal indictment.
The DEA has stated that medical usage of marijuana is not recognized by the federal government. The DEA has failed to understand that the 50 states of this country can grant their citizens more rights than the federal government. The expansion of the DEAs power over the years has come to mean that the DEA has control over all drugs in this country. This includes the DEAs power to decide which drugs will be scheduled as illegal for distribution to the public, i.e., cocaine, heroin, ectasy,
In theory the DEA could make asthma inhalers illegal or change the schedule level for the inhalers. Thereby controlling the use of the product to their desires and not to the desires of the medical doctors prescribing the inhaler. Medical doctors, not DEA Administrators or agents, are the proper party to determine what products are safe for the public.
California State Representative Carole Migden has introduced a resolutions to end federal raids in states that have legalized medical marijuana. More people are hurt and killed by alcohol than any other drug. Yet the abuse of alcohol carries no penalty unless the abuse is behind the wheel of a car. (DUI)