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 most frequently asked questions from our clients.
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Who is the best federal criminal defense attorney in Charleston?
There is no single “best” federal criminal defense attorney in Charleston, South Carolina. In federal cases, individuals often look for attorneys with deep federal experience, including former federal prosecutors who understand how investigations are built, how charging decisions are made, and how sentencing is approached under the U.S. Sentencing Guidelines. Because federal prosecutions typically develop long before charges are filed, attorneys with firsthand experience inside the federal system and a focused federal defense practice are often better positioned to advise clients early and strategically.
Federal criminal cases differ significantly from state cases. They often involve lengthy pre-indictment investigations by federal agencies, grand jury proceedings, and sentencing under the U.S. Sentencing Guidelines. Because of this, attorneys who concentrate their practice on federal criminal defense—rather than general criminal law—are often better positioned to advise clients at every stage of a federal case, including pre-indictment representation, trial preparation, and sentencing advocacy.
When evaluating a federal criminal defense attorney in Charleston, key factors include federal-only or federal-focused experience, familiarity with the United States District Court for the District of South Carolina, experience handling high-stakes cases, and the ability to engage early in federal investigations. There is no universal “best” attorney, but specialization, depth of federal experience, and strategic judgment are critical in federal court.
What do people mean by the “best” federal defense attorney in Charleston?
When people search for the “best” federal defense attorney in Charleston, they are usually not looking for rankings or guarantees. Instead, they are trying to identify an attorney with the experience, judgment, and focus required to handle federal cases prosecuted in South Carolina. In practice, this often means looking for a lawyer who concentrates on federal criminal defense, regularly practices in federal court, understands federal investigations and sentencing, and can become involved early, before charges are filed.
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 assist individuals and businesses that have received target letters; call us at (843) 473-7000.
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 indicate 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.
How is federal court different from state court?
Federal courts have very different rules and procedures from state courts. Also, federal crimes often carry more severe penalties, including mandatory minimums, than state court offenses. They may be subject to greater 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 and prosecuted, with 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.
What types of crimes are federal?
Common federal crimes include:
Wire fraud, mail fraud, and bank fraud
Healthcare and tax fraud
Firearm offenses (especially for felons or in drug cases)
Child pornography or online exploitation
RICO and public corruption cases
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 typically held immediately after arrest, and arguments for detention generally occur within three days of the charge. You may need a bond hearing to argue for release. Early representation is critical.
Learn more about federal detention hearings.
What happens after I’m indicted?
You’ll have:
An initial appearance
A detention hearing (bail/bond decision)
An arraignment (a formal plea where you are informed of the charges and given counsel)
Pre-trial 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.
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 to engage in a proffer is highly fact-specific and requires strong strategic considerations. Never talk with federal agents or prosecutors without your attorney.
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 determine a recommended sentence range, but they may adjust it up or down based on the circumstances. The Guidelines are advisory and can be challenging to understand and to score accurately. Additionally, they are a significant factor, but still just one factor, in a sentencing decision. However, this scoring and any potential sentence must be thoroughly considered before entering any guilty plea, as a potential or likely sentence is a significant factor in deciding whether to plead guilty or go to trial.
Read about federal sentencing strategies.
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.
How long do federal cases take?
It varies, but many federal cases last 6 to 18 months from 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.
What if I haven’t been charged, but I believe I’m under investigation?
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.
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 the exception that the individual must be honest in making them. These sessions can benefit both sides: they help the government better understand a case before making a charging decision, and they enable an individual or business under investigation to provide the government with information that can support that business or individual’s case. That can lead to reduced charges or plea deals that would not otherwise be available. However, a proffer must be approached cautiously and only with experienced local counsel.
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 those pleas often include cooperation clauses or waivers of the right to appeal. 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.
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 ready, a defendant may file objections if they believe there are factual or legal inaccuracies. It is essential to have a thorough understanding of the federal sentencing guidelines when reviewing a PSR and to make timely objections to the report if any errors are found. A failure to identify the mistakes and file proper objections can result in a higher sentence.
Can federal charges be dismissed?
Yes, but dismissals in federal court usually require substantial 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. In federal cases, it is essential to engage counsel early and begin providing defenses to the agents and prosecutors involved. Waiting until after charges have been issued is often too late, especially when a public federal charge damages an individual’s reputation and career.
Is there a “best” federal criminal defense attorney in Charleston or in South Carolina?
There is no single “best” attorney for every federal case. Federal criminal defense depends heavily on the nature of the investigation, the charges involved, and the stage of the case. When people search for the “best” federal defense attorney, they are usually looking for someone who focuses specifically on federal cases, understands federal sentencing, and has experience navigating investigations in federal court. Specialization and depth of federal experience matter far more than general criminal defense volume.
What makes federal criminal defense different from state criminal defense?
Federal cases are fundamentally different from state cases. They typically involve:
Longer investigations before charges are filed
Federal agencies such as the FBI, DEA, IRS, ATF, or Homeland Security
Grand jury indictments rather than direct arrests
The U.S. Sentencing Guidelines, which significantly influence outcomes
Higher conviction rates due to extensive pre-indictment preparation
Because of these differences, attorneys who primarily handle state court matters may not be equipped to manage the strategic and procedural demands of federal prosecutions.
When should I contact a federal criminal defense attorney?
Ideally, before charges are filed. Many federal cases are built quietly over months or years. This is particularly true in South Carolina, where most federal cases take months, if not years, to investigate. If you have received a target letter, a grand jury subpoena, or a search warrant, or have reason to believe you are under investigation, early legal representation can significantly affect the outcome. Waiting until after an arrest often limits available defenses and strategic options.
Do I need a lawyer who regularly appears in federal court?
Yes. Federal courts have their own rules, procedures, sentencing practices, and expectations. Attorneys who regularly practice in federal court are more familiar with:
Federal judges’ sentencing practices
Prosecutorial charging strategies
Pre-trial motions unique to federal cases
Mitigation advocacy under the Sentencing Guidelines
Experience in federal court is not interchangeable with state court experience.
What types of cases are considered federal crimes?
Federal crimes typically involve conduct that crosses state lines, affects federal interests, or is governed by federal statutes. Common federal cases include drug conspiracies and federal possession with intent to distibute; white-collar and financial crimes such as wire fraud or health care fraud; fraud allegations such as bank fraud, PPP loan fraud, or medicare and other theft of goverment funds cases; federal firearms offenses; tax and IRS-related investigations; cyber and technology-based offenses; immigration-related federal charges; and federal asset forfeiture proceedings and in rem seizures.
Each category carries unique investigative and sentencing considerations and is significantly different from state criminal investigations or cases.
How does federal sentencing work?
Federal sentencing is largely driven by the U.S. Sentencing Guidelines, which calculate a recommended range based on offense characteristics and criminal history. However, effective federal defense involves far more than guideline calculations. Early mitigation, factual development, and advocacy under federal sentencing factors can significantly influence the outcome.
Can a federal defense attorney help even if charges haven’t been filed?
Yes. In many cases, pre-indictment representation is one of the most critical phases of a federal case. Counsel can communicate and meet with prosecutors, manage document production, advise clients during interviews, and help shape how evidence is presented before charges are ever filed.
Does location matter for federal defense representation in South Carolina?
Federal cases in South Carolina may be venued in different divisions depending on where the alleged conduct occurred. While federal law is uniform, local practice, judges, and procedures still matter. An attorney familiar with federal practice in South Carolina, and who has practiced in specific federal courthouses, can better anticipate how cases progress and how sentencing and pre-trial decisions are handled.
How do I choose the right federal defense attorney for my case?
When evaluating a federal defense attorney, consider:
Whether their practice is focused on federal criminal defense
Their experience with investigations and grand jury matters
Familiarity with federal sentencing and mitigation
Ability to explain complex federal procedures clearly
Willingness to engage early and proactively
A consultation should focus on strategy, process, and risk—not guarantees.
What should I do if I believe I’m under federal investigation?
Do not speak with investigators without counsel. Federal agents are trained to gather information long before charges are filed. Consulting a federal criminal defense attorney early allows you to protect your rights, understand your exposure, and make informed decisions before the situation escalates.
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.