Federal Criminal Defense - South Carolina

Federal vs. State Criminal Defense

The South Carolina state legislature works to enact laws. These laws can range between declaring state holidays to defining crimes and their consequences. The US Congress works the same way, but their laws are enforced throughout the country. Some crimes are only prosecuted at the state level while others are prosecuted at the federal level. Many crimes may be prosecuted at both state and federal court and for that, both sets of prosecutors have to see who will take the case. Federal Crimes and their prosecution is often seen as being more severe and consequential than state charges. There’s a few reasons for this. For example, Federal Judges have less discretion in sentencing as compared to many state judges. Mandatory Minimums are far more common for federal crimes. A mandatory minimum sentence is a guide judges must follow when sentencing convicted criminals of certain crimes, regardless of special circumstances surrounding their particular case and trial. Another reason for the harsher sentences and tougher trial is the fact that the federal government has far more resources at their disposal than their state counterparts. Federal crimes are usually investigated by federal agencies which are much larger when compared to state investigators.

Timeline of Federal Charges.

A federal charge is usually brought against an individual after an exhaustive investigation has been completed by a federal agency. Generally, the first step in this process is being presented with a warrant for arrest. This is also brought alongside an affidavit. An affidavit is a written testimony which binds by law the person who signs the document to the accusations and reasonings on said document. 

After being presented a warrant and being detained, the next step of the process is being presented in front of a judge. The judge will explain to the person detained the rights which they are entitled to, including the right to a public defender. It is highly recommended, especially for federal charges, for any individual to hire private counsel. As explained previously, federal charges are inherently more difficult to defend against than many state charges. For these reasons, retaining an experienced criminal defense attorney who has worked with federal charges. The Kent Law Firm has this experience and has helped countless individuals evade the worst of consequences.

Working with an experienced attorney will also help with accurate and fair representation at the assigned hearing. A detention hearing is solely a hearing for determining bond and release prior to a trial. Trials can sometimes not commence for weeks, months, or years after an initial arrest. Securing bond release is thus critical.

Common Federal Charges

  • Drug Crimes: This can include trafficking, possession, and distribution of a number of federally banned substances. 
  • Fraud: Mail Fraud, Wire Fraud, and Internet Fraud are all federally prosecuted because they usually cross state lines.
  • Racketeering (RICO): Racketeering charges, or Racketeer-Influenced and Corrupt Organizations (RICO). Usually these charges are brought against networks accused of criminal actions.

Aggressive Federal Criminal Defense in South Carolina

If you live in South Carolina, whether that be Charleston, Columbia, Greenville, or anywhere in the state, contact the Kent Law Firm. We are located in Manning, South Carolina and represent individuals throughout the state. For more information on our firm click here

Call us today at (803) 433-5368 to schedule your confidential, free consultation.