Lake Wylie Federal Crime Lawyer

Lake Wylie Federal Crime Attorney

Facing criminal charges can be confusing and overwhelming. Because the federal court system is more complex and difficult to navigate, your first priority should be to seek help from a Lake Wylie federal crime lawyer when you are charged with a federal crime.

Christopher A. Wellborn, P.A., is your York County criminal defense attorney. For 30 years, we have devoted ourselves to defending all types of misdemeanors and felonies. We have extensive experience in all areas of federal crime cases and exclusively focus on criminal defense. Christopher Wellborn is a former prosecutor, giving us a unique edge as we can anticipate the strategies of the prosecution and be well-prepared in advance, giving clients the optimal chance at a favorable outcome.

What Is Federal Crime Law?

Federal criminal law refers to the legal process of convicting someone of a violation of federal statutes. This includes crimes that are committed on federal land, cross state or international borders, or involve federal agencies (often multiple).

Once an investigation is done, the case is prosecuted by the U.S. Attorney’s Office. Sentencing guidelines for federal crimes are more rigid than state guidelines. Judges may be bound to sentence a mandatory minimum penalty for the crime.

In 2022, there were 602 individuals sentenced by the District of South Carolina, with 46% stemming from drug crime cases.

Some examples of federal law crimes include:

• Terrorism
• Counterfeiting
• Mail fraud
• Crimes on federal land
• Drug crimes
• Murder
• Gun crimes
• Aggravated assault
• Internet crimes

The Legal Process of the Federal Court

For a crime to be prosecuted by the federal government, it must fall under its jurisdiction. Federal crimes are typically the most serious of crimes. They often have multiple federal agencies investigating them, as well. A crime may first be investigated by the South Carolina Law Enforcement Division, but they will turn the case over to the government if a federal crime is suspected.

The Offices of the United States Attorneys prosecute federal crime cases in federal court. They must prove, beyond a reasonable doubt, that a crime was committed with intent. These cases can result in more severe consequences, guided by federal sentencing guidelines.

Steps of a Federal Court Case

All federal cases will follow a similar flow. Having a knowledgeable federal criminal attorney to guide you through the steps is essential in these cases:

• Investigation
• Charging
• Initial Hearing or Arraignment
• Discovery
• Plea Bargaining
• Preliminary Hearing
• Pre-Trial Motions
• Trial
• Post-Trial Motions
• Sentencing
• Appeals

If your federal case does proceed to court, it will likely be held at the Matthew J. Perry Jr. Federal Courthouse in Columbia, SC, but your attorney can verify the location for your specific case.

Possible Defenses for Federal Criminal Charges

Each federal criminal case is unique and often complicated. A knowledgeable and experienced federal criminal defense attorney will build a strong defense strategy that fits the details of your case. Some commonly-used defense strategies are:

• Self-defense. In South Carolina, you have the right to protect yourself if you reasonably believe you’re in a life-or-death situation. To prove a self-defense claim, your attorney will need to show that you did not start the altercation and that your fear was reasonable. Then, they must show that the force you used was equitable to the threat.
• Defense of other people. We could use this defense if you committed the crime unintentionally to save the life of someone else, whether they are a friend, family member, or a stranger.
• Heat of passion. Some crimes are committed in the heat of the moment, during a spontaneous fight or in an emotional event, rather than being premeditated. This is known as the “heat of passion.” Your attorney needs to show there was an adequate amount of provocation to warrant your actions.
• Absence of malice or intent. In a federal case, the prosecution must prove, beyond a reasonable doubt, that you intended to commit the crime. Therefore, your federal criminal defense attorney may decide to assert the crime was accidental or due to negligence.
• Insufficient evidence. To convict a defendant of federal crimes, the prosecution must prove its case beyond a reasonable doubt, without relying on suspicions or shaky testimonies. Your federal defense attorney may choose this defense if the prosecution’s case involves questionable forensic work, gaps in the timeline, or unreliable witnesses.

FAQs

Is it Better to Be Charged With a State Crime or a Federal Crime?

Generally, it’s better to face state charges rather than federal charges. Some criminal violations may be tried by both court systems, but state charges will usually have lighter penalties and are usually less serious cases. Federal cases are for serious crimes with serious consequences: longer prison sentences, increased fines, and stricter sentencing guidelines.

Are Federal Cases Difficult to Win?

Yes, federal criminal charges can be difficult to beat. Federal prosecutors seek harsh penalties and also have access to a lot of resources.

Because of the seriousness of federal crimes, it is critical to hire a federal crime lawyer with experience in the type of crime you are being charged with. A skilled federal defense attorney can try to negotiate a fair plea deal for you with the prosecution or confidently take your case to court.

Can Charges Be Dropped After Indictment?

Yes, it’s possible to have federal criminal charges dropped after an indictment. This usually happens from prosecutorial discretion, plea bargains, or upon request from the defense. It could be related to any of the following:

• New evidence weakens the case against you
• Evidence of constitutional violations
• Evidence of procedural errors
• Insufficient witness cooperation

Consult with your attorney on whether these factors apply to your case.

Hire a Federal Crime Lawyer

When you’re charged with a federal crime, there’s no time to delay. A highly skilled Lake Wylie federal crime attorney will be essential to your defense. You can rely on Christopher A. Wellborn, P.A., for your criminal defense, like clients have for over 30 years. With all that is at stake, you need an attorney you can count on. Contact us today to schedule a consultation.