South Carolina Criminal Lawyer Blog

According the South Carolina newspaper, The State, three people have pled guilty in a drug conspiracy involving former Lee County Sheriff E.J. Melvin. Each of the defendants face a considerable amount of time in prison since the conspiracy involved both cocaine and cocaine base. Cocaine base is treated more strictly in the federal system and higher penalties are often enforced when the substance is involved in the criminal activity. Prosecutors in this case have stated that they expect to reach plea agreements with the other offenders within the indictment with the exception of E.J. Melvin, who is probably considered one of the leaders in the conspiracy.

When someone is arrested within a conspiracy, the prosecution will most likely attempt to have the lower level offenders plead guilty in exchange for a lesser sentence. Of course, despite a plea agreement, it is the role of the judge to decide whether the plea agreement is fair and valid and what sentence will be imposed on the individual. In these types of cases, the probation officer will draft a presentence report prior to sentencing in order to provide the judge with the defendant's criminal history. As such, it is important to hire an attorney that can ensure that accepting a plea agreement will be in your best interests. Our criminal defense attorneys in South Carolina are highly knowledgeable about the federal system and are very familiar with the sentencing enhancements that can be imposed with or without a plea agreement.

Continue reading "Defendant's Plead Guilty" »

The Federal Bureau of Investigation in Columbia has confirmed that the former Clerk of Court for Spartanburg County, Marcus Kitchens, has pled guilty in a drug conspiracy indictment. Count One charged Kitchens with conspiracy to possess with intent to distribute methamphetamine and cocaine. Count Two charged him with theft from a federally funded organization. Judge Herlong, Jr. from the federal court in Greenville, SC, has accepted the Plea Agreement and after the pre-sentence investigation report is prepared, the case will be set for sentencing.

According to investigators, a confidential informant notified them that he had received cocaine from Terry Lanford in South Carolina. After questioning Lanford, he confirmed that he had received it from Kitchens. Kitchens allegedly had obtained the narcotics from the evidence room of the Spartanburg County Courthouse. Lanford agreed to wear a wire and speak with Kitchens regarding the incident. Kitchens was arrested by DEA agents after the meeting.

Kitchens faces a substantial amount of time in prison for these two serious offenses. Count One has a maximum term of twenty (20) years and Count Two has a ten (10) year maximum. A conviction for these offenses also carries the burden of significant fines. Since Kitchens was a respected official hired within the courthouse, his alleged criminal activity will probably not be taken lightly by a federal judge. This is primarily why it is important to hire a federal criminal defense attorney that will be able to protect your best interests. Depending on the circumstances contained in the Plea Agreement, Kitchens may face less time for admitting guilt. Our defense attorneys in South Carolina are knowledgeable about the federal system and can advise you on how to handle your case.

Continue reading "Clerk of Court Charged in Drug Conspiracy" »

According to the Federal Bureau of Investigation of Columbia, Michael Derrick Peninger failed to appear for his sentencing on April 12, 2010 at the federal courthouse in Charleston, South Carolina. Peninger was originally convicted after his jury trial in counts relating to mail fraud and making false statements to federal authorities. He had been allowed to remain on bond and within the agreement stated that he would appear for sentencing. Upon failure to appear for sentencing, it is procedure for authorities to immediately locate an individual to be sure they have not fled the state or country to avoid punishment. Peninger was located on Daniel Island in Charleston, was arrested and is now awaiting sentencing.

Attending the sentencing hearing is very important in the criminal process since failing to appear not only results in a possible higher penalty, it can also make a judge less lenient during the actual sentencing. In Peninger's case, he could receive a fine of $250,000 and imprisonment for ten years that would run consecutive with his other sentence. Consecutive means that he would have to serve this time separately from his other charges. In order to avoid mistakes such as this, it is important to have a reliable federal defense attorney that can protect your best interests and make sure that you are prepared to appear for each hearing. Our South Carolina attorneys are highly experienced in both the federal and state system and can assist you in the defense of your case.

Continue reading "Attending Sentencing" »

When charged with a federal crime, it is important to learn about the Federal Sentencing system because it is very different from state court proceedings. The Federal System uses the United States Sentencing Guidelines, which are now advisory, when calculating a sentence. A court calculates a particular guideline range by reviewing a defendant's criminal history as well as the applicable base offense level.

However, in certain cases, a defendant may be subjected to sentencing enhancements. For example, a person may receive an enhancement for the role in the offense if the court determines that they were an organizer, supervisor, or a recruiter. Additionally, a person may receive an enhancement for using sophisticated means to facilitate a crime or for abusing a position a trust. A sentencing court will also enhance a person's sentence if the court finds that the defendant targeted a vulnerable victim, such as an elderly person.

Federal judges are free to sentence a person above the guidelines or below the guidelines in most cases. Nevertheless, certain crimes carry mandatory minimum penalties which are statutory, so a district court judge can not go under this type of sentence. For example, certain drug offenses carry mandatory minimum sentences depending on the quantity of drugs attributable to the offense of conviction as well as for prior drug convictions.

It is important to hire a criminal lawyer who is knowledgeable about federal sentencing and the guidelines. A federal attorney will be able to evaluate a presentence investigation report and make the appropriate objections at sentencing.

Continue reading "Sentencing Enhancements in Federal Court" »