South Carolina Criminal Lawyer Blog

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" »