South Carolina Criminal Lawyer Blog

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.

Continue reading "Mayor Charged with Public Corruption" »

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" »