Federal Criminal Defense in South Carolina: Frequently Asked Questions
Answers to the Most Common Questions About Federal Charges, Investigations, and Court Proceedings
If you’re under federal investigation or already facing charges in South Carolina, you probably have urgent questions. Federal court is very different from state court — from how cases begin, to how prosecutors build them, to how sentencing works. This page answers the questions our clients ask most.
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1. What is a federal target letter?
A target letter is a formal notice from the U.S. Attorney’s Office informing you that you are the target of a federal investigation and may be charged with a crime. It often invites you to meet with prosecutors or federal agents, and sometimes both. In South Carolina, it is signed by the Assistant United States Attorney handling the case. It is essential to distinguish a Target Letter from a letter identifying someone as a Subject or a Witness. Both subjects and witnesses have little or no evidence of criminal activity against them. However, a target is considered to have significant evidence against them, and often enough to be indicted. Accordingly, a target letter must be taken seriously and responded to. But responding without a lawyer is dangerous. If you’ve received a target letter, speak with a federal defense attorney immediately. We routinely help individuals and businesses who have received target letters - call us at (843) 473-7000.
2. What is a grand jury in a federal case?
A grand jury is a group of citizens who hear evidence in secret and decide whether there’s probable cause to issue an indictment. You may be called to testify or submit documents. This can be an indicator of the direction of a federal investigation. It also must be complied with in a timely and complete manner. Do not appear before a grand jury without legal representation. In South Carolina, five separate grand juries meet every month - two in Columbia, and one in each of the cities of Charleston, Greenville, and Florence. Each of these grand juries is separate from the others, and cases from any part of the state can be presented to any of these grand juries.
3. How is federal court different from state court?
Federal court has very different rules and procedures from state courts. Also, federal crimes often carry more severe penalties, including mandatory minimums, than offenses in state court, and often carry more significant penalties based on an individual’s prior history, including Career Offender designations or enhancements under the Armed Career Criminal Act (ACCA). The federal system also uses sentencing guidelines, and although the State of South Carolina has sentencing guidelines, they are rarely used. Also, the federal system has federal prosecutors (Assistant U.S. Attorneys), federal judges, and federal investigators, such as the FBI, DEA, ATF, and IRS. The federal system also tends to target cases for prosecution, attempting to preserve federal resources for the most serious cases. As a result, federal cases are often seen as better investigated, prosecuted, and have more resources dedicated to them than state cases. Additionally, defense counsel in federal cases tend to have greater experience, including experience in federal courts, which state court defense counsel often lack.
4. What types of crimes are federal?
Common federal crimes include:
Drug trafficking and conspiracy
Wire fraud, mail fraud, and bank fraud
Healthcare and tax fraud
Firearm offenses (especially for felons or in drug cases)
Immigration-related crimes
Child pornography or online exploitation
RICO and public corruption cases
5. Can I get bail in a federal case?
Yes, but federal bail is not automatic. Courts consider flight risk and danger to the community. Some offenses create a presumption of detention, particularly in drug cases and gun cases. Bond hearings are also usually held immediately after arrest, and arguments for detention generally occur within three days of a charge. You may need a bond hearing to argue for release. Early representation is critical.
Learn more about federal detention hearings
6. What happens after I’m indicted?
You’ll have:
An initial appearance
A detention hearing (bail/bond decision)
An arraignment (formal plea where you are informed of the charges and given counsel)
Pretrial motions and discovery
Trial (if not resolved by plea)
Sentencing (if convicted or plea is accepted)
Federal prosecutors move quickly and rarely drop charges without a strong legal strategy in place.
7. Should I cooperate with the government?
It depends. Cooperation (e.g., proffer sessions) can reduce charges or sentences — but can also harm your case if not handled carefully. The decision to speak with the government or engage in a proffer is a very fact-specific determination and requires strong strategic considerations. Never speak with federal agents or prosecutors without your attorney.
8. What are the federal sentencing guidelines?
The U.S. Sentencing Guidelines provide a scoring system based on the offense and your criminal history. Judges use this to calculate a recommended sentence range, but they can go higher or lower depending on circumstances. The Guidelines are advisory and can be complicated to understand and properly score. Additionally, they are a significant factor, but still just one factor, in a sentencing decision. However, this scoring and potential sentence need to be thoroughly considered before entering any guilty plea, as a potential or likely sentence is a significant factor in determining whether to plead guilty or go to trial.
Read about federal sentencing strategies
9. Can I appeal a federal conviction or sentence?
Yes. You can appeal to the Fourth Circuit Court of Appeals if there was a legal error in your trial or sentencing. You typically have 14 days to file a notice of appeal. Post-conviction relief may also be available under 28 U.S.C. § 2255.
Learn more about federal appeals
10. How long do federal cases take?
It varies, but many federal cases last between 6 and 18 months from the time of indictment to resolution. Complex fraud or multi-defendant conspiracy cases may take longer. Early intervention by a defense attorney can sometimes shorten or resolve the case more favorably. Additionally, getting involved in a case before charging can significantly extend the usual 6-18 month timeline.
11. What if I haven’t been charged, but I think I’m being investigated?
If agents have contacted you, your associates, or your business, or if you’ve received a subpoena, you may already be under investigation. Hiring a federal defense lawyer immediately can help protect your rights and possibly prevent charges.
Start with our pre-indictment defense page
1.2. What is a proffer agreement?
A proffer agreement allows a defendant or target to speak with federal prosecutors about their knowledge of a case. In exchange, the government agrees not to use those statements against them — with exceptions, primarily that the individual be honest in giving their statements. These sessions can be helpful to both sides - it allows the government to more fully understand a case before making a charging decision, and it allows an individual or business being investigated to provide the government with information that can help that business or individual’s case. That can lead to reduced charges or plea deals that would not be available otherwise. However, a proffer must be approached cautiously and only with experienced local counsel.
13. What is a plea agreement in federal court?
A plea agreement is a formal deal between you and the government to plead guilty in exchange for concessions, such as reduced charges, sentencing recommendations, or dropped counts. A federal judge must approve pleas, and they often include cooperation clauses or waivers of appeal rights. In South Carolina, these are always written agreements that are filed electronically. In some instances, aspects of a plea agreement, such as cooperation information, will still be filed electronically but are often under seal.
14. What is the role of a presentence investigation report (PSR)?
After a guilty plea or conviction, the court orders a presentence investigation report (PSR) prepared by the U.S. Probation Office. This report influences sentencing and includes background, criminal history, offense conduct, and sentencing calculations. Once the report is prepared, a defendant can file objections if they think there are factual or legal inaccuracies in the report. It is essential to have a thorough understanding of the federal sentencing guidelines when reviewing a PSR, and it is crucial to make timely objections to the report if any errors are found. A failure to identify errors and file proper objections can result in a higher sentence.
15. Can federal charges be dismissed?
Yes, but dismissals in federal court usually require strong legal or procedural grounds, such as lack of evidence, illegal searches, or constitutional violations. A skilled defense lawyer can challenge indictments, suppress evidence, or negotiate for non-prosecution. Also, and often more valuable, is the possibility of avoiding charges altogether. It is important in federal cases to get counsel involved early and begin providing defenses to the agents and prosecutors involved. Sometimes, waiting until after charges have been issued is too late, especially when a public federal charge damages an individual’s reputation and career.
Get Trusted Legal Help from a Former Federal Prosecutor
Nathan Williams is a former Criminal Chief at the U.S. Attorney’s Office for South Carolina, where he supervised every federal prosecution in the state. Now, he defends clients across South Carolina facing the full weight of the federal government.
Call (843) 473-7000 today or contact us online to schedule your Free Confidential Consultation.
We serve clients in Charleston, Columbia, Florence, Greenville, and throughout South Carolina's federal court system.