South Carolina Criminal Lawyer Blog

The Double Jeopardy Clause of the Fifth Amendment provides that no person shall be subject for the same offense to be twice put in jeopardy of life or limb. This provision affords a defendant three separate protections: it protects against a second prosecution for the same offense after aquittal. It protects agains a second prosecution for the same offense after conviction. And it protects against multiple punishments for the same offense. The bar against retrial after aquittal or conviction ensures that the State does not make repeated attempts to convict an individual, thereby exposing him to continued embarrassment, anxiety, and expense, while increasing the risk of and erroneous conviction or an impermissibly enhanced sentence.

The protection against multiple punishments is designed to ensure that the sentencing discretion of courts is confined to the limits established by the legislature. Double jeopardy law has been described as a veritable Sargasso Sea which could not fail to challenge the most intrepid judicial navigator. In recent years the Supreme Court has announced new watershed double jeopardy decisions, only to abrogate those decisions a few years later. Even basic propositions of double jeopardy law remain controversial.

The double jeopardy law applies to all criminal cases, including misdemeanor prosecutions. It also applies to juvenile deliquency proceedings, forbidding the state from prosecuting a defendant as an adult after the defendant was put in jeopardy in a juvenile proceeding for the same offense. The prohibition against multiple punishments for the same offense applies to fines as well as prison sentences.

The double jeopardy clause bars a second prosecution only if the defendant was actually put in jeopardy in the first prosecution. A defendant may be put in jeopardy even though the trial does not culminate in a verdict. In a case tried by a jury, jeopardy attaches when the jury is empanelled and sworn. In a bench trial, jeopardy attaches when the judge beings to hear evidence. Where the defendant pleads guilty, jeopardy attaches when the court accepts the plea. However, jeopardy does not attach with respect to charges dismissed with prejudice pursuant to a plea agreement where the dismissal does not involve any findings by the court as to the factual merits of those charges or any risk of conviction to the defendant. Jeopardy cannot attach, however, if the court does not have jurisdiction to try the defendant. Whether jurisdiction exists is determined by federal law even if the defendant has been tried in the same court.

If you or someone you know needs to hire a federal lawyer in South Carolina, call one of the experienced Myrtle Beach federal attorneys at The Mace Firm.

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A stripper, her sex-offender sibling and their half-brother, also known as the "Dougherty Gang," were finally arrested this week after a high-speed chase on I-25 in Pueblo County, Colorado. The chase ended when their car flipped after running over "stop sticks" and smashed into a guardrail. Lee Grace Dougherty got out of the wrecked vehicle and began shooting at police, who returned fire. They ended up shooting the girl in the leg and transported her and her two brothers to a nearby medical center for non-life threatening injuries. Following their release from the hospital, they were then booked at the Pueblo County Jail.

The trio were wanted for a Valdosta bank robbery last Tuesday and the attempted murder of a Flordia police officer. Their crime spree started last Tuesday in Pasco County when they fired about 20 shots at a police officer. One of the bullets pierced the officer’s tire, causing a flat which ended the pursuit. This week, officials were tipped off by a witness who spotted the siblings at a campground near Colorado City. By the time officers arrived at the camp site, the vehicle was gone but was spotted soon after at a gas station. Then, the chase was on, with speeds exceeding 100 mph before it ended some 20 miles later.

The FBI believe the siblings decided to leave Lacoochee, FL following the Aug. 1 sentencing of Ryan Dougherty, 21. Ryan registered as a sex offender and serve 12 years probation for sending 400 sexually explicit text messages to an 11-year-old girl he met online. Before they robbed the bank, Dougherty cut off his ankle monitor. FBI Special Agent Phil Niedringhaus said the three face federal warrants in Florida and Georgia and charges were also expected in Colorado. It is unclear whether the siblings have retained a federal criminal defense lawyer.

In 2008 demand notes were presented in 3,833 of the 6,700 bank robberies. Verbal demands occurred in 3,683 bank jobs, and some were combined with the demand notes. Weapons were threatened in roughly a third of robberies and used in about one in four bank jobs, the statistics show. The details come from data that the FBI collects about robberies of federally insured banks in the U.S., from the days and times that robberies most often occur (Fridays and between 9 and 11 a.m.), to the amount of loot taken and recovered. This data is especially valuable to financial institutions.

The FBI has had a primary role in bank robbery investigations since the 1930s, when John Dillinger and his gang were robbing banks and capturing the public’s attention. In 1934, it became a federal crime to rob any national bank or state member bank of the Federal Reserve System. The law soon expanded to include bank burglary and larceny, with jurisdiction delegated to the FBI. The FBI now has a role alongside local law enforcement in bank robbery investigations.

If you or someone you know has been charged with a federal crime, you will need to consult with a good federal criminal lawyer in your area. Our federal defense lawyers are ready to talk to you about your case. Call The Mace Firm for a free consultation.

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In November 1971, a man who called himself Dan Cooper, also known as D.B. Cooper, hijacked a plane and succeeded in getting authorities to give him $200,000 cash and parachutes in return for letting passengers off the plane. Cooper asked to be flown to Mexico, but jumped out of the back of Northwest Orient Flight 305 somewhere between Seattle and Reno, Nevada. Authorities have yet to be able to prove whether he survived the jump or what his actual identity was.

When Cooper boarded the plane, he ordered a drink, bourbon and soda, while he was waiting for the flight to depart. He then handed a flight attendant a note saying he had a bomb in his briefcase he asked her to take a seat next to him. She did as she was told, and Cooper opened his briefcase to show her a mass of wires and red-colored sticks and demanded that she write down what he told her. Per Cooper's request, the flight attendant wrote a note for the captain of the plane demanding four parachutes and $200,000 in $20 bills.

Once the flight landed in Seattle, Cooper made an exchange for the flight's 36 passengers and received the money and parachutes. Cooper kept most of the crew members on board. The plane took off when Cooper ordered it to fly to Mexico. Unexpectedly, Cooper then jumped out of the plane on the flight with the money, never to be seen or heard from again.

Over the years, many people have claimed to be DB Cooper. Duane Weber, while on his deathbed, claimed to be Cooper. Weber was later eliminated as a suspect through DNA testing. A second man, Kenneth Christiansen claimed to be Cooper. Christiansen did not match the physical description of Cooper and he was also a skilled paratrooper. Cooper jumped out of the plane in the middle of the night, in bad weather, with loafers and a trench coat on. This is something a trained paratrooper would not do. A third person claimed he was Cooper, Richard McCoy. McCoy also did not match the description and was reported to be at home the day after the hijacking, which could not have happened if he didn't have any help.

The new information in this case involves a suspect who has been dead for more than 10 years. Since every lead the FBI has received in this case has lead nowhere, they are working on this new lead to help them solve this case. Family members of this new suspect have been cooperating with authorities, granting them access to property that belonged to the deceased. The FBI is most interested in items that may have fingerprints of new suspect.

If this new suspect were still alive, he would need to consult with a good criminal defense lawyer to help him with his case. He would face serious charges relating to the hijacking and ransom money.

If you or someone you know is facing serious criminal charges, it will be wise to speak with an experienced criminal defense lawyer in your area. Call one of the federal criminal lawyers at The Mace Firm for a free consultation.

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Warren Jeffs is the current president of the Fundamentalists Church of Jesus Christ of Latter Day Saints. He is the son of Rulon Jeffs who was the leader of the church before he passed away in 2002. After Jeffs father passed away, he proceeded to marry all but two of his father's 19 to 20 wives. This helped solidify his power within the community. He continued to marry more women many of who were closely related to him. He claims that he is a descendant from Jesus Christ and Joseph Smith which would make him the prophet. He teaches that his marriages are necessary to preserve the sacred bloodlines. Jeffs is said to have at least seventy wives.

The teachings strongly suggest that polygamy is the key to exaltation in heaven. The teachings also emphasize that women must be obedient to their husbands and serve them "mind, body and soul" to achieve salvation in the afterlife. Jeffs is the only person in the church who can perform marriages and is responsible for assigning wives to husbands. He was also responsible for disciplining disobedient male followers by assigning their wives to another husband.

Jeffs is charged with sexual assault on a minor and conspiracy to commit sexual misconduct with a minor for allegedly arranging a marriage between a 14 year old girl and her 19 year old first cousin. Jeffs was also put on the FBI's most wanted list, offering $60,000 for information leading to his arrest. He was also featured on America's Most Wanted. His charges carry a maximum sentence of life in prison. The prosecution told jurors that they have an audio tape of a sexual encounter between Jeffs, who is 55, and a 12-year-old girl. The prosecution also has evidence that Jeffs impregnated a 15-year-old girl.

Jeffs' trial has been going on for about a week, and he has objected or interrupted over 25 times. Jeffs has dismissed every criminal defense lawyer so far, therefore he is representing himself. Jeffs has fired all of his attorneys because, according to him, they could not present a "pure defense." According to reports, every time Jeffs has an objection was an opportunity for him to give a sermon. Since this trial has been delayed so many times due to Jeffs firing seven criminal defense lawyers in six months, the judge told him that "the court is not going to recess these proceedings to let you go to law school."

Jeffs would probably display his side of this case if he had a good criminal defense attorney to back him up. The stakes are very high for Jeffs in this case, and his decision to represent himself may not go as he planned.

If you or someone you know is facing criminal charges, call one of the federal criminal lawyers at The Mace Firm for a free consultation.

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A mistrial means that a trial has been terminated before a verdict because of some error in the proceedings or a jury cannot agree on a verdict. There are several reasons a judge can call a mistrial which are:

1. Lack of jurisdiciton over the case;
2. Evidence has been admitted improperly; or
3. There was misconduct by a party to the case, a juror, or an outside source that has prevented due process.

Due process means that the government must respect all of the legal rights that are owed to a person according to the law.

In a criminal case, if a mistrial is mistakenly called by the court, or if prosecutorial misconduct forced the defendant into moving for a mistrial, the constitutional protection against double jeopardy bars any retrial. Double jeopardy is the constitutional right that a person cannot be subjected to a second trial or punishment for the same offense twice.

Roger Clemens was on trial for allegedly lying to Congress in his 2008 testimony about using performance enhancing drugs. On just day 2 of the perjury trial the judge declared a mistrial due to the prosecutors presenting inadmissable evidence to the jury. One of the main pieces of evidence against Clemens is the testimony of former teammate Andy Pettite. Pettite says that Clemens admitted to him that he has in fact used performance enhancing drugs. Clemens says that Pettite misheard him, but Pettite claims that he told his wife about the conversation on the same date that it took place. Before the commencement of the trial, Judge Walton ruled that Laura Pettite, Andy Pettite's wife, could not be called as a witness since she would only be testifying to hearsay. She had never spoken with Clemens directly regarding using performance enhancing drugs. The prosecution then proceeded to play a tape for the jury referring to Pettite's conversation with his wife which is exactly the conversation the judge said could not be brought into the trial.

After the prosecution blatantly ignored Judge Walton's orders, Clemens federal defense attorney requested a mistrial. Judge Walton declared the mistrial. Judge Walton stated to the prosecutor, "I think a first year law student would know that you can't bolster the credibility of one witness with clearly inadmissible evidence." Judge Walton has scheduled a hearing on September 2 to decide whether the case can be retried. Prosecutors have until July 29 to file the motion for the hearing.

Even if the government decides not to retry the case, Clemens reputation has already been permanently tarnished. He wasn't on trial for whether or not he used performance enhancing drugs but whether he lied about using them. The prosecutions enormous legal blunder has left it to the public to decide whether he has or has not used steroids and whether he was lying in his testimony in 2008.

This is the second mistrial involving a former star athlete accused in baseball's steroids scandal. Barry Bonds was convicted three months ago of obstruction of justice, but a mistrial was declared on three more serious false statements charges after jurors could not agree on a verdict.

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99 gang members of the Mexican Mafia were arrested in California this week. Also seized by law enforcement were multiple weapons and drugs. One of the gang members associated with this crime is already incarcerated and was continuing to run Latino street gangs from his prison cell. The Mexican Mafia, also know as La Eme, started in the California prison system in the 1950's and eventually spread its influence to local street gangs. The gang's main focus was trafficking narcotics inside and outside the prisons. The investigation that lead to these arrests, "Operation Black Flag", had been going on for over 30 months and included many investigators from local and federal agencies.

In the 1970's the Mexican Mafia joined forces with another prison gang, Aryan Brotherhood, to prevent new California prison gangs from forming. Many of the prison gang members have committed very serious federal offenses, including violent crimes and crimes involving large amounts of drugs and weapons. While they serve their life sentences, they feel as if they have nothing to lose so they continue to commit violent crimes as ordered by their gang leader. Gang leaders even have the power to order murders and drug deals outside prison walls.

Most of the gang member inmates are in prison due to gang activity in the streets. This week, a cocaine bust occurred in Texas which involved suspected members of the Mexican Mafia and another gang called Texas Syndicate. The indictment, handed up by a federal grand jury in Austin on July 5, contains no detailed accusations against the men other than to charge them with conspiring to deal more than 5 kilograms of cocaine and more than 1 kilogram of heroin from April 1, 2009, to July 4, 2011. Each man faces up to life in prison. One of those charged in the case, Eloy Davila Jr., 53, is among four men with ties to the Mexican Mafia who are awaiting trial on a murder charge in Hays County. Authorities say the presence of the Mexican Mafia is not a good sign considering their brutal and violent crimes.

In 2003, 19 Texas Syndicate members and associates in Austin were charged and later convicted of being part of a drug-dealing gang that wreaked havoc with robbery, kidnapping and several murders from the mid-1990s to 2003. During that trial, a federal criminal lawyer said the gang's presence in Austin was overwhelming and that even as members were sent to prison, others got out, and the gang's Austin chapter was replenished with new soldiers to deal drugs and enforce the gang's rules with brutal violence.

If you or someone you know has been charged with a federal crime, call one of the federal criminal defense lawyers at The Mace Firm for a free consultation.

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Roger Clemens perjury trial began this week in Washington, he faces charges that he lied to Congress about using performance-enhancing drugs. Three years ago, Clemens told a House committee under oath that he never used performance-enhancing drugs. There is quite a lineup of other baseball players that will be a part of this case, including Barry Bonds, Sammy Sosa and Jose Canseco, to name a few. Along with other players who have been indicted in the steroids era, Clemens is not being charged with drug crimes, but lying about drug use.

If Clemens' federal defense attorney persues the theory that the accuser made up the allegations that he injected Clemens with steroids, the judge stated that he might allow other baseball players to testify they knowingly received performance-enhancing drugs.

Clemens' federal criminal lawyer has reportedly said that the accuser (Clemens' former trainer), Brian McNamee, is a serial liar who made these allegations up against his star client to save himself from being unemployed. The defense attorney will attempt to discredit McNamee by showing the jury that he has a history of lying.

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Keith Hasson was arrested on Wednesday at an apartment in San Fernando Valley, CA. Mr. Hasson is reportedly the leader of a nationwide cocaine and marijuana trafficking ring that operated from 1999 to 2005 and produced over $20 million in cash and assets.

Hasson was listed on the 15 most wanted fugitive list as of June 6, 2011. He has a criminal history as far back as 1981. He has been arrested for robbery, assault with a deadly weapon, attempted murder, possession with intent to distribute, and burglary. He is also possibly linked to two gang related killings.

The U.S. District Court in New Mexico indicted Hasson in 2005 for conspiracy to distribute controlled substances, continuing criminal enterprise, and conspiracy to launder money. His brother was convicted in the same case and is serving a 24 year prison sentence.

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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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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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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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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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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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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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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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It has been close to three years since Casey Anthony's two-year-old daughter disappeared in Florida. Anthony faces charges of aggravated child abuse, aggravated manslaughter of a child and providing false information to police. Anthony has pleaded not guilty and sticks to her story that a babysitter kidnapped her daughter. This morning, opening statements began in Anthony's trial, which could last up to eight weeks. There were no witnesses to the murder, so only the killer knows exactly what happened. The jury's decision in this trial will likely be based on the forensic evidence.

According to MSN.com, " Prosecutors plan to have jurors smell the odor from her car, present evidence of chloroform in the Pontiac Sunfire and present photos that they say show her partying with friends after her daughter disappeared. They also likely will seek testimony from a botanist, a hair and fiber examiner from an FBI lab, and a cadaver dog handler." Anthony's criminal defense attorneys also have experts in the forensic field to present their testimonies.

"They have a botanist who can testify about plant growth found around the remains. They also have an entomologist who they hope can refute prosecutors' own bug expert, who claims that flies associated with decomposition were found in her car's trunk. The criminal defense attorneys hope conflicting forensic evidence and interpretations by experts raise questions in jurors' minds. Anthony's criminal defense lawyer made a point of telling potential jurors they should take those conflicting interpretations to heart."

If you or someone you know needs to hire a defense attorney, please call one of the South Carolina criminal defense lawyers at The Mace Firm.

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International Monetary Fund cheif, Dominique Strauss-Kahn, is facing charges of a criminal sex act, unlawful imprisonment and attempted rape. According to MSN.com, "A 32-year-old maid told authorities that when she entered his spacious, $3,000-a-night suite early Saturday afternoon, she thought it was unoccupied. Instead, Strauss-Kahn emerged from the bathroom naked, chased her down a hallway and pulled her into a bedroom, where he sexually assaulted her." Strauss-Kahn's wife is sticking by his side through all of this. She said, "I do not believe for one second the accusations brought against my husband. I have no doubt his innocence will be established."

Currently, the IMF cheif is undergoing a forensic medical exam with police to find any evidence of the assault. Investigators also found DNA evidence in Strauss-Kahn's hotel room where the assault allegedly took place. In addition to that, the hotel maid has already identified Strauss-Kahn in a police lineup which included five other men. The arraignment was supposed to take place on Sunday, but it has been postponed until Monday due to the forensic examination. Strauss-Kahn's second attorney told the press that his client will plead not guilty to these allegations.

If you or someone you know has been accused of a crime, please call one of the New York federal criminal defense attorneys at The Mace Firm.

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This week in Conway, a 35-year-old man was arrested after police raided his business and found counterfeit items for sale. The man is going to be charged with trafficking counterfeit goods. According to TheSunNews.com, "The Conway Police Department, along with the S.C. Secretary of State seized thousands of dollars of counterfeit merchandise, including clothing and shoes, from JT Jazzy Fashions at 615-A Church Street in Conway."

In Myrtle Beach two people were robbed of their prescription medications. According to the police report, one of the residents answered a knock at the door when two robbers pushed their way in with a silver pistol. One of the residents was pushed to the ground which caused him to be injured. The robbers stole about $500 worth of prescriptions from the house and then fled the scene.

Across the country in California, "The first person indicted under a federal anti-terrorism law adopted after the Sept. 11 attacks was sentenced Monday to 25 years in prison for attempting to smuggle anti-aircraft missiles into the United States from his native China." The law bans the importation of missle systems designed to destroy aircraft. The law has a severe sentence of a minimum sentence of 25 years and a maximum of life in prison without parole.

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

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In Phoenix, a man was federally indicted on 88 counts that accuse him of stealing $7 million by scamming people on the internet. According to Arizona news, the man is accused "of using his online sports handicapping business, Mike’s Lock Club, to solicit investments in fraudulent schemes. He is accused of convincing investors in one scheme to give money to a fictitious, high-limit slot machine player, telling investors the slot player would regularly travel to Las Vegas to gamble with their money and return their investment." The man has also been charged with evading tax payment on more than $2 million. "The indictment includes weapons charges as well after the man, a convicted felon, was apparently found with two shotguns and a pistol at his Phoenix residence and made false statements to a Tucson gun dealer about his felony status."

Also in Arizona, Jared Loughner has been federally indicted for the murders in his Tucson shooting rampage. Before last month, Loughner had only been formally charged with the attempted murders of Congresswoman Giffords and her two aides. The new indictment names all victims of this shooting instead of only the federal employees. According to the Phoenix News Times, "federal statute requires the suspension of all state or local prosecutions while the federal case is pending, so state charges are expected, but will be put on hold until the feds finish their case. If convicted, Loughner faces the possibility of the death penalty."

If you or someone you know faces federal charges, please contact one of the federal criminal defense attorneys at The Mace Firm a call.

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Entertainment promoter Rashad Muhammad appears to be set for trial on marijuana smuggling charges after being in jail for nearly three years. A federal jury has been selected and the trial will begin in the beginning of May. Since Muhammad's arrest in 2008, news reports state that "the stakes have dramatically increased since the 40-year-old businessman was arrested in August 2008. North Charleston police initially accused Muhammad of trafficking nearly 500 pounds of marijuana into the city from Arizona. Since that time, however, federal prosecutors have tacked on allegations of money laundering, conspiracy and firearms violations. The total amount of marijuana he is accused of importing now stands at more than 1,000 kilos."

Before Muhammad was arrested, he contributed to many charities which include hosting dinners for the needy and helping Hurricane Katrina victims. Authorities say that this is all a "carefully cultivated front designed to mask the illicit activities of a master drug runner. If so, that all unraveled with the August 2008 seizure of nearly 500 pounds of marijuana and several guns." News reports also state that "Muhammad's federal defense attorney, Russell Mace of Myrtle Beach, sought to have the case tossed entirely, arguing that Muhammad had been denied his right to a speedy trial. Federal prosecutors countered that much of the delay was caused by Muhammad's legal maneuvering and switching attorneys."

If you or someone you know needs representation from a Charleston federal criminal defense attorney, please call The Mace Firm.

Continue reading "Federal Drug Trial Set to Begin" »

Over the weekend, a 21-year-old man from Mullins was charged with murdering a 22-year-old man in Horry County. A fight occured very early Sunday morning and the victim was beaten to death. According to SCNow.com, "the two men were at a party and were involved in an altercation that lead to the beating incident." Last week, two young males were involved in a shooting on Canal Street in Myrtle Beach. According to police, the incident happened around 1:45 in the morning. SCNow.com reports that "one of the victims was outside the house at the time of the incident. He said there were two males riding bicycles, coming from the direction of Watts Avenue. They were wearing masks and dark clothes. The victim said he saw one of them pull a gun and start shooting. When shots were fired, the man outside ran back in the house."

Also in Myrtle Beach, a fugitive was captured over the weekend. Officers responded to a call they received accusing John Fitzgerald Reed, 53, of growing marijuana plants. According to SCNow.com, Reed told one of his neighbors that "he was wanted by the U.S. Marshals and using a fake identity. The woman also said Reed told her he was working to permanently change his name and identity by using acid to burn off his fingerprints." When police searched Reed's home, they discovered 5 marijuana plants growing in his closet.

Sometimes people get involved in crimes that they cannot get out of alone. In these instances, they will probably need to hire a criminal lawyer to help them. If you or someone you know needs legal representation, call one of the federal criminal defense attorneys at The Mace Firm.

Continue reading "Recent Local Criminals" »

Barry Bonds' lawyers are taking their last stab at saving him from prison. According to FoxSportsWest.com, "Barry Bonds sat passively at the defense table Thursday and heard almost five hours of closing arguments in U.S. District Court. He was alternately described as someone who knowingly lied about using steroids and other illegal drugs, and as a person who was truthful but became a victim of overzealous prosecutors and former friends who ultimately were his 'enemies.'" The website also reports that when Bonds had to testify in front of the grand jury, he was given immunity but he still answered the questions dishonestly.

The jury of eight women and four men will convene Friday morning to decide if Bonds is guilty on any of the four counts, three of lying to a grand jury and one of obstruction of justice. Bonds faces 10 years for each count against him, but federal sentencing guidelines recommend a sentence between 15 and 21 months; he could also face house arrest.

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

Continue reading "Barry Bonds Update" »

It is such a shame when you hear your favorite athlete was involved in any type of criminal activity. Take for example Michael Vick, who was the quarterback for the Atlanta Falcons. According to NFL.com, he and other men were accused of "conspiring to stage dogfighting events and create dogfight training facilities for profit." Vick's actions were unimaginable and it is one of the very few types of cases that our federal defense attorneys will not defend. Our firm does not tolerate animal abuse at any level.

Who could forget the O.J. Simpson case? Simpson's athletic career started with the Buffalo Bills and was eventually traded to the San Fransisco 49ers. He has even been in quite a few television shows and movies throughout the years. However, Simpsons criminal career involves very serious allegations including battery, burglary and murder. Some athletes have such extensive criminal backgrounds, its a wonder they have a job at all! Randy Moss, who now plays for the Tennessee Titans, has been charged with careless driving, failure to obey an officer, and possession of marijuana. Not only that, he was involved in numerous physical fights in his younger days that apparently got him kicked off one college football team and he lost his scholarship to another. It is shocking that the NFL doesnt have a filter for criminals in the league.

The MLB also has quite a few criminal offenders on its hands. Years ago, infamous right fielder for the New York Mets, Daryl Strawberry, was convicted of possession of cocaine and soliciting a prostitute. More recently, Barry Bonds, left fielder for the San Fransisco Giants, was federally indicted for perjury and obstruction of justice.

It is bad enough that some of our athlete role models turn out to be criminals, but its even worse when you or someone you are close to is involved in criminal behaviors. If you do, in fact, find yourself involved in criminal activities, please call one of the South Carolina federal criminal attorneys at The Mace Firm.

Continue reading "Criminal Athletes" »

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.

Continue reading "Russian Spies Arrested" »

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" »

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 New York Daily News confirmed that federal Judge Dora Irizarry of the Eastern District of New York will overturn a murder conviction today. Jabbar Collins has served fifteen (15) years in prison and could be released on bail today since the district attorney's office has admitted that evidence was withheld during his previous trial. Collins was originally sentenced to thirty-three (33) years to life for a murder that occurred in 1995 during the commencement of a robbery. Allegedly, a lead detective in the case confirmed that the key witness in the trial that stated he heard Collins plan the crime recanted his testimony. The prosecutor, Michael Vecchione of the Brooklyn District Attorney's Office, gave a sworn statement denying this accusation. Judge Irizarry was not impressed with the way the D.A.'s Office handled this case and felt they could have been more forthcoming about the matter. The detective will be a witness during the hearing today. Prosecutors seem to be uneasy about their probability of proving guilt in the upcoming trial and attempted to offer Collins time served if he would plead guilty to manslaughter. Collins immediately rejected this offer as he claims he is innocent of all charges against him.

Instances such as this can be disheartening to our confidence in the court system. Sometimes evidence that has been obtained is not always fully disclosed, which can have a detrimental effect on a juror's decision. If a juror is not able to review the facts and evidence in its entirety, an innocent person may be convicted for a crime he or she did not commit. This is exactly the reason why it is important to hire an attorney that can protect your best interests and make sure that your trial is fair and reasonable. The Government has a duty to disclose any and all information, whether it will be used in trial or not, because a small piece of evidence may be the key factor in verifying a person's innocence. Hiring the right criminal defense attorney can be a difficult task, so one must make sure to locate an attorney highly experienced within the practice of criminal law. Our attorneys are licensed in many areas throughout the United States and are ready to assist you in your case.

Continue reading "Convicting the Innocent" »

The alleged lead conspirator in a robbery and extortion case, Hector Rivera, has been sentenced to thirty-two years in prison. Rivera was originally indicted in December of 2008 following an investigation that linked him to robberies in midtown Manhattan from 2003 through 2008. According to the Federal Bureau of Investigation in New York, Rivera and numerous co-conspirators were targeting diamond businesses in the area. In one incident in 2005, the crew allegedly disguised themselves as FedEx delivery workers and entered a local diamond business. In the process, they tied up the employees and robbed the company of millions of dollars. During many of their crimes, the conspirators would also hijack vehicles known to be transporting merchandise.

Eventually, the FBI became more aware of Rivera's potential involvement and began recording his telephone conversations and personal meetings with the help of a confidential informant. While tracking Rivera, they discovered that another robbery was scheduled for December 4, 2008. Prior to the initiation of the robbery, investigators arrested Rivera and the co-conspirators. A jury trial was held before Judge Baer of the Southern District of New York about one year later and Rivera was found guilty of conspiracy to commit robbery, three counts of robbery or attempted robbery and two counts relating to a firearms charge.

Rivera actually received a lenient sentence as he was facing twenty years for each robbery charge, which does not include the firearms counts against him. However, he was required to forfeit $2.93 million in criminal proceeds. As in the instance case, the FBI and prosecution will investigate a potential conspirator for years in order to capture the high level offenders. This most often leads to additional charges against those who were much less involved in the conspiracy. This is the reason that it is most important to hire a criminal defense attorney that is experienced within the federal system. Once you are aware that you could be under investigation, contact an attorney that can provide you with advice and determine if the FBI actually views you as a viable suspect.

Continue reading "Federal Investigation" »

A recent trend is occurring in the Southeast. Many men are being charged with child pornography based on a allegations of a spouse during a divorce. This allegation is very damaging to the husband and can put him in a defensive position and lose any argument for custody of his children. Many wives have read online and heard that this allegation will put a huge amount of fear into a man. Not only does the husband have to fight for his children, but he now has to fight a serious allegation. The real problem is so few judges actually know what to do when this allegation is used in family court.
First, the abuse or child pornography allegation mysteriously appears when the separation or divorce proceedings commence. For some reason they were never reported prior to the husband and wife disagreeing on money or children. The courts should consider this as a crucial reason for this allegation to surface.
Second, no lay person can assure a judge that they have seen child pornography on a computer. The Federal Bureau of Investigation, the U.S. Postal Inspectors Office and very few other law enforcement agencies have the ability to confirm that images or videos actually contain minors. There are several pornographic images and videos that are not child pornography but may give rise to some concern.
Third, if there is child pornography on the computer, who downloaded it? Did the husband have the only access to this computer? and when were the images or videos downloaded? There are cases where the child pornography is downloaded and the defendant has no idea this has occurred.
A good criminal attorney will be able to investigate and provide a valid defense for this type of accusation. Our Charleston Criminal Attorney has vast experience defending child pornography indictments.

Continue reading "Child Pornography Defenses" »

2009 has turned out to be a very big year for child pornography indictments in South Carolina. The use of KAZAA and Limewire for sharing information on the internet has turned out to be a tremendous help to the government in catching what they believe to be people possessing child pornography. These file sharing services are being used by some to distribute child pornography, but there are also some people that are being taken advantage of through this service. By allowing an application to be installed on your computer, you are in fact allowing access to the computer through that service. It is possible for someone to download and store information on your computer without your knowledge. It is also possible for someone to use your computer as a remote server and disseminate information from your computer without your knowledge. A federal defense attorney is critical to any defense that could be presented prior to an indictment or during the trial process.

There are several defenses to some child pornography cases. Depending on who has access to your computer, if you are in a custody battle with a spouse, and how the files ended up on your computer all make for a basis to contest a child pornography indictment. It is important to remember that the amount of prison time that one may receive in a federal court will be based on the number of images and videos that the government can prove you either possessed or distributed. The worst case scenario would be to be charge with making child pornography. This provides for a particular enhancement under the United States Federal Sentencing Guidelines. Our South Carolina defense attorney is experienced in defending federal child pornography charges throughout the United States.

Continue reading "Child Pornography Indictment" »

Federal crimes are offenses that are made illegal by the United States Code or are committed on U.S. property. In this state, Federal crimes are prosecuted in the District of South Carolina. Federal courthouses are located in multiple cities throughout South Carolina, including Florence, Charleston, Columbia, Aiken, Anderson and Spartanburg. Common federal crimes include tax evasion, mail fraud, and interstate drug trafficking.

In South Carolina, one of the most common federal crimes charged is Felon in Possession of a firearm or ammunition, a violation of 18 U.S.C. section 922(g). In order to prove this offense, the government must prove beyond a reasonable doubt that the defendant had previously ben convicted of a crime punishable by a term of imprisonment of more than a year, the defendant knowingly transported, possessed, shipped, or received a firearm, and the possession was in or affected interstate commerce. Actual possession does not have to be proved, instead, constructive possession is sufficient. In order to prove constructive possession, the government must prove that the defendant had the power to exercise dominion or control over the firearm, this can be shown through circumstantial evidence as well.

There are many sentencing issues that relate to firearms offenses which carry high penalties. For example, under 18 U.S.C. section 924(e), anyone convicted of a 922(g) violation, felon in possession or a firearm or ammunition, who has three prior convictions for a violent felony of serious drug offense, or both, is subject to a mandatory minimum sentence of fifteen years. This statute is known as the Armed Career Criminal Act, or the ACCA. A federal attorney must examine a defendant's criminal history outlined in the pre-sentence investigation report to determine whether the ACCA was appropriately applied. Crimes of violence include an offense that presents a serious risk of injury to others or is arson, burglary, extortion, and crimes involving the use of explosives. Serious drug offense include possession with intent to distribute, offense that carry a maximum term of imprisonment of ten years or more, but does not include simple possession.

Under 18 U.S.C. section 924(c), a defendant who uses, possesses, or carries a firearm during or in furtherance of a crime of violence or drug trafficking crime is subjected to a mandatory consecutive term of imprisonment of five years. If convicted under 924(c), five years is added to a defendant's sentence, it can not be served concurrent with other counts. f the firearm is 'brandished' the mandatory minimum consecutive penalty is seven years, and if the firearm is 'discharged', the mandatory minimum penalty is increased to ten years. It is therefore important to consult with a criminal attorney who has handled Federal gun cases to learn what penalties you could be facing.

Continue reading "Felon in Possession of a Firearm is a Common Federal Crime Charged in South Carolina" »

Federal DEA, FBI, and IRS agents kill dog while going to raid a pot dispensary. Not only do this idiot agents not pay attention to the current state of the law in California, but they are not paying attention to what the governor of California has expressed. This is another example of how "TUFF" law enforcement can be on crime. These big bad agents storm into homes, businesses, and any other locations they want with no regard for anyone or anything. Instead of trying to insure that there is no terrorist activity occurring in California, they are killing dogs and looking for pot. California is bankrupt and Federal agents are running wild. It is always amazing that law enforcement is so tuff and they take on the most serious criminals, but cannot handle one dog without killing. Eventually this country is going to turn on law enforcement as it now acts towards its own citizens. Many federal agents and law enforcement officers are lawless when they decide to get their man. I have defended law enforcement and I have stood in court when they explain to a federal judge why they broke the law. What they never seem to realize is what is going to happen in court. They will eventually get caught.

Our federal criminal defense firm has represented law enforcement officers in state and federal court. However, our clients were not cowardly enough to shoot a dog. We have no patience for animal cruelty.

Continue reading "Federal Agents Take Out Dog" »

The Sentencing Guidelines on crack have been long outdated for the past two decades and until last week it appeared that no change would occur until next year. That all changed on Wednesday when a representative from the Department of Justice announced that the new (Obama) administration was taking the position that the prior crack to cocaine ratio would no long be this administrations position. Instead Obama came through on one of his promises. The Department of Justice announced at this hearing that the new position would be one of equal weight between crack and cocaine. In plan English, one gram of crack cocaine is equal to one gram of powder cocaine. The discrepancy has long impacted the black population of this country. The announcement will not allow for retroactive application, but will provide relief for many federal crack cases that are pending sentencing. The hope will be for Congress to pass an amendment that is retroactive.
Criminal defense attorneys will now be able to make the most of this statement and provide district court judges with very little room to give a crack indictment more weight than a cocaine indictment. The Justice Department will be hard pressed to allow a United States Attorney to continue arguing for a higher sentence for crack cocaine. Our firm currently has several crack/cocaine cases in Charleston, Florence, Columbia, Miami, Myrtle Beach, Ft. Lauderdale and New York. The new change will allow many mandatory minimum sentences to be avoided. Many defendant's facing a 20 year mandatory minimum will now be facing 3 to 6 years depending on their criminal history.

Continue reading "Crack to Cocaine Ratio Will Change" »

Five middle eastern men have been found guilty by a federal jury in New Jersey. This was the case that depicted several individuals firing assault rifles on camera and making comments about the United States. There seemed to be very little evidence of an actual conspiracy to attack the military base as alleged in the federal indictment. This case is similar to a case in Miami where the Federal Bureau of Investigation arrest several individuals on charges that they conspired to attack the Sears Tower in Chicago. Both cases are based on FBI informants that are either being paid by the FBI or are getting some type of deal from the government for their information. In this federal indictment in New Jersey, the informants were allowed to stay in the United States for the information they provided.

The aggressive tactics deployed by the FBI after September 11th have resulted in many arrests and probably some convictions of innocent people. These five individuals should have been watched until they made some overt attempt to organize for the purpose of violating the law. They appeared to have no common plan or scheme to attack the United States, but rather were just talking and shooting some guns. Anyone charged with CONSPIRACY in Federal Court is well aware that the hand of one is the hand of all. In other words, whatever act any member of the conspiracy commits is attributable to all co-conspirators. Conspiracy indictments are the most common charge presented in federal court. Defending a conspiracy count in federal court is not easy, but a good criminal defense attorney can find several ways to explain a defendant's actions.

This could have been a case of the government deciding to indict and arrest because the suspects were not going to do anything more in furtherance of the alleged conspiracy. Arrest them now and release a statement that a plot has been foiled to attack the United States. One thing that has not been mentioned is the alleged target these guys had selected. An ARMY BASE was the target. Well, of all the targets in this country, that is the last one a terrorist group would attack. Not only will they most likely be killed in this attack by an ARMY RANGER, but there is a chance for the act to get our soldiers even more fired up and increase moral in the Middle East. I find it hard to believe that any group would try to attack a military installation in the United States.

Continue reading "Federal Convictions for Conspiracy" »

According to United States Attorney W. Walter Wilkins, a Myrtle Beach man, Robert McGowan, was indicted by a federal grand jury for felon in possession of a firearm and ammunition. He faces a minimum of 60 months in prison. The charges stem from an incident that occurred last month, when McGowan was in a standoff with Horry County police for almost sixteen (16) hours outside the Conway Medical Emergency Room. He held police at bay with a .22 caliber riffle on October 21, 2008. He has told authorities that he was planing on committing suicide at the time.

A Federal judge denied his bail at a bond hearing and stated that he was a danger to the public. At the time he was federally indicted, McGowan was on parole for shooting an Horry County police officer in 1996. He was released after serving ten (10) years in prison for shooting he officer in the hand while he was being arrested for disorderly conduct. He will now have a rough road and will need a good criminal defense attorney to represent him.

McGowan's metal status is obviously an issue and will need to be investigated by his defense attorney. A request for a psychiatric evaluation should be done at the earliest opportunity and a good criminal defense lawyer would seek out a psychiatrist with experience in these type of evaluations.

Continue reading "Suspect in Conway Hospital Standoff Arrested" »

A Charleston Police Officer was sentenced this week for an incident that occurred 2007 where the officer was charged with violating the civil rights of suspect. The Officer had pursued the suspect in a high speed chase through Charleston. The officer was alleged to have kicked the suspect several times after he was hand cuffed. This allegation brought about a federal investigation into the officer's conduct and then a federal indictment in Charleston. The officer was represented by criminal defense attorneys in Charleston. In this type of situation it is not uncommon for an officer to strike a subject during the arrest. There is a serious danger of harm and even death when a pursuit is on public streets at high speeds. There are several police departments throughout his country that have an unwritten policy regarding fleeing and resisting arrest. This policy at times is called a "Tune Up." The theory is that a defendant may walk on the charges at some point, but he is going to go for a ride to the jail.

In this case the suspect refused to stop and endangered the lives of civilians as well as the police officers. The United States Attorney makes the decision to present this case to the federal grand jury in Charleston. This is not a case that should have been indicted. There were no permenant injuries to the subject and it appears his record was extensive. This was not the case to make an example for the othe police officers in Charleston. Having defended police officers in Miami for very serious violations, this does not come up to the level of a federal indictment. This case could have been handled within the department.

The officer was sentenced in the Federal Courthouse in Charleston by Judge Norton to 8 months in a halfway house and 8 months home detention. All federal judges review the United States Sentencing Guidelines when determining an appropriate sentence. In this case the officer most likely had no prior record and his criminal history was a catagory 1. Judge Norton also noted at the sentencing that the suspect failed to appear and had minor injuires related to the incident. The sentencing phase of this type of federal case is critical. A good Charleston federal defense attorney will prepare a sentencing memorandum to assist the defendant at sentencing. Federal Judges review these defense memorandums prior to sentencing.

Police Officers also have federal rights that go beyond the norm. Garrity is a case that allows officers to cooperate with an internal investigation without criminal prosecution. This right can back fire without a good attorney. Our South Carolina Defense attorneys are experienced in handling Garrity issues.

Continue reading "Charleston Police Officer Sentenced" »

The Federal Bureau of Investigation has several programs in South Carolina that they have instituted to combat white collar crime. Their white collar crime program covers a variety of related federal offenses.

The following are examples of what is covered by the White Collare Crime Program:
Insurance Fraud
Money Laundering (Usually Related to Drugs)
Financial Institution Fraud (FIF, i.e. Bank Fraud)
Telemarketing Fraud (Especially against Seniors)
Environmental Crimes (Dumping and Polution)
Public Corruption (Bribes)
Health Care Fraud (Medicare Fraud)(Medical Over Billing)
Bankruptcy Crimes (Usually Business Related)
Securities Fraud (Mortgage Fraud could be included here)

These criminal investigations in South Carolina are prosecuted by the United States Attorney in South Carolina. Walter Wilkins is the current United States Attorney in South Carolina. There is also a Federal Public Defender in South Carolina. Parks Smalls is the Federal Defender for South Carolina. The FBI has field offices in most of the cities in South Carolina. The FBI has offices in Myrtle Beach, Florence, Charleston, Columbia (Main Office), Greenville, Aiken and several other smaller cities in South Carolina.

Most of the high profile cases are listed on the FBI's website and the United States Attorney website for South Carolina. These press releases give the public a view as to what is being investigated and prosecuted by the government. All of these listed investigations have been indicted by the government. Defendants are indicted in the region in which the government feels the crime has been committed. Our office defends federal indictments all across the country. Defending a federal indictment takes experience, hard work and a willingness to communicate with a client about the government and its policies on white collar crime. A good Federal Defense Attorney in Columbia can help minimize your exposure to a federal indictment.

Continue reading "FBI and White Collar Crime in South Carolina" »

Russell W. Mace III and Nicole Nicolette Mace, who handle federal and state criminal appeals, recently argued a case in front of Judge Duncan, Judge Niemeyer, and Senior Judge Wilkins of the United States Court of Appeals for the Fourth Circuit. The appellant was charged with knowingly possessing a firearm and ammunition. He pled guilty, and received an upward variance in his sentence of five levels as a result of a motion filed by the government. The motion was filed because of an interview with an officer from the South Carolinal Law Enforcement Division (SLED) who stated at the defendant's sentencing hearing that he posed a future danger to society.

The appellant argued that this information was obtained in violation of his 5th Amendment right to silence and the defendant's 6th Amendment right to counsel. The defendant did not receive Miranda warnings and the government used his statements against him to increase his sentence in front of Judge Wooten in Florence, South Carolina.

Federal criminal trial lawyer, Russell Mace, also argued that stalking should not be a crime of violence under United States Sentencing Guideline (U.S.S.G) 2K2.1 and 4B1.2 because it does not meet the test set out in the recent Supreme Court decision of Begay v. United States. The government argued that stalking is a crime of violence and that the appellant violated his plea agreement.

The Fouth Circuit has not issued an opnion on this case yet, but it will be intersting to see whether the case is remanded for a re-sentencing, affirmed or reversed.

Continue reading "Appellate Lawyer Argues Case at Duke Law School" »

The Federal Bureau of Investigation has again ranked South Carolina as one of the most violent states. This ranking is based on several factors from murder to assault and battery. Charleston was the leading area for violent crime for the entire state. This is the second year that South Carolina rank number one for violent crime in the FBI's ranking system. The governor of South Carolina has stated that there should be cuts in the criminal justice system. He has attempted to cut funding for various aspects of criminal justice. However, he favors increased punishment and law enforcement. This is the biggest problem with many Southern States.
The solution to the violent crime in South Carolina is not more law enforcement or more prison time. The solution is education. The education and family structure in South Carolina is horrible. Having defended clients in many different states across the country, there is no doubt that the educational system in South Carolina is broken. Many defendants do not even know what happens in a court room. South Carolina will continue to be ranked high for violent crime until education is a priority. Most of the wealthy families send their children out of state for school. There is no concern about making the local schools something to be proud of.

Continue reading "South Carolina most Violent State AGAIN" »

Jose Contreras plead guilty to bank fraud in Federal Court in Columbia this week. Contreras was charged with defrauding a bank from November 2003 thru October 2005. The defendant is alleged to have opened accounts at a bank and received loans under the social security number of his brother and father. The case was started when the defendant failed to pay back the bank loans. Contreras will be sentenced by the federal court via the United States Sentencing Guidelines. This guidelines will be important for the defense attorney to evaluate in order to determine the defendants prison time exposure. The article was list on the Charleston Post and Courier website. There was no mention of bond or who is defending Contreras.
Contreras guideline range will be determined by the amount of money his is alleged to have taken. If he is able to repay the money, there could be a reduction in his possible prison sentence. The more money the government can prove that he took, the more prison time he will be facing. If he has any prior convictions, he will be exposed to an increased prison sentence. Our South Carolina Criminal Defense attorneys are experienced in defending bank fraud cases.

Continue reading "Columbia Court Sentences Defendant for Bank Fraud" »

Mayor Bruce Morgan has been indicted by a federal grand jury in Columbia according to the Charleston Post and Courier. The indictent alleges conspiracy to accept kickbacks and extortion of payments in violation of his official position. This case will be based on a money trail and statements of codefendants or so called "flips" that will testify against the Mayor. Defending a public figure begins with press control. The government always comes to the press and says, "hey, look what this guy did." There should be no statement related to the case as this prejudices any potential jurors who read the paper or watch the news. A good defense attorney must inform the press that the defendant is completely innocent and the government does not decide guilt and innocence, but rather a basic evaluation of probable cause without speaking to the defendant.

A federal criminal defense attorney in South Carolina knows the dangers of speaking to the press when it comes to the South Carolina Bar rules. That is why a careful statement regarding the case is necessary to ensure that your client is not convicted prior to trial.

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A second trooper in South Carolina has been indicted on charges stemming from civil rights violations. John Sawyer, who previously worked with South Carolina Highway Patrol, was indicted for violating a suspect's constitutional rights. A video allegedly shows Sawyer kicking a suspect several times in the head.

He was indicted in federal court and is facing a maximum of ten years in prison, so it is extremely important that he hires an experienced federal criminal lawyer to protect his rights throughout the legal proceedings. There are federal courthouses in Florence, Charleston, Anderson, Greenville, Rock Hill and Columbia. At this time, we do not know what his guideline range is under the Federal Sentencing Guidelines, first he must decide whether to fight the charges or cooperate with the government and plead guilty to the charges.

If he decides to plead guilty, he may receive a reduction in his sentence for acceptance of responsibility. However, depending on the fact of the case, he could be facing several enhancements including an adjustment for abuse of trust and for a vulnerable victim. He may also decide to fight the charges and proceed with a trial in federal court.

We have defended police officers on a variety of criminal charges, including assault, battery, and kidnapping. When hiring a criminal defense attorney in a federal criminal defense case, it is important to retain a trial lawyer with a great deal of experience in federal court.

Continue reading "Former Trooper with South Carolina Highway Patrol faces Federal Charges" »