Greenville Federal Crimes Lawyer
A federal charge or investigation in the Upstate isn’t handled by state prosecutors in state court. It’s charged under United States law, prosecuted by the U.S. Attorney’s Office for the District of South Carolina, and heard in federal court. If you are under investigation or have been charged with a federal crime, you should talk with an experienced attorney. Ironside Criminal Defense is led by Sloan Ellis and Brandi Hinton, former state and federal prosecutors who supervise every case together. Our Greenville federal crimes lawyers can explain where your case stands, what happens next, and what we would do about it. Call 864-568-4750 for a free consultation with an attorney.
- Former state and federal prosecutorsSloan Ellis and Brandi Hinton
- U.S. Attorney's Award for Excellence in Prosecution2020 and 2021
- Free consultation, with an attorneyNot an intake screener
Federal Cases Our Attorneys Defend
The managing attorneys at Ironside Criminal Defense have handled hundreds of federal cases from the prosecutor’s office and the defense side. The status or size of your case doesn’t change the attention it gets. Our federal crimes attorneys in Greenville defend people investigated or charged with offenses including:
- Drug trafficking and drug conspiracy: Making, distributing, or possessing controlled substances with intent to distribute them, or agreeing with others to do so.
- Wire, mail, and bank fraud: Schemes to obtain money or property through false statements or promises, carried out by electronic communication, by mail, or against a bank.
- Healthcare fraud: Schemes to defraud Medicare, Medicaid, or another public or private health care benefit program.
- COVID-relief and PPP fraud: Charges connected to Paycheck Protection Program loans and other pandemic relief programs.
- Federal tax offenses: Charges such as willfully attempting to evade or defeat a federal tax.
- Money laundering: Financial transactions involving money alleged to come from unlawful activity, meant to promote that activity or hide where the money came from.
- Federal firearm offenses: Possessing a firearm when federal law prohibits you from having one, or having a firearm in connection with a drug trafficking crime or crime of violence.
- Public corruption and bribery: Offering or accepting something of value to influence a public official’s official acts.
What Makes a Charge Federal in South Carolina?
A charge is federal when it’s brought under a federal law, unlike most criminal charges in Greenville, which are brought under South Carolina law. These cases are usually investigated by federal agencies such as the FBI, the DEA, the IRS, and Homeland Security Investigations. They’re prosecuted by the U.S. Attorney’s Office for the District of South Carolina, which has an office in Greenville. Federal cases are heard in the U.S. District Court for the District of South Carolina, not in General Sessions, the criminal division of the state circuit court.
A case can end up in federal court for different reasons, including if the alleged conduct crossed state lines, if it involved a federal agency or program, or if it took place on federal property.
What If You Are Under Investigation but Not Yet Charged?
Many federal cases start with a grand jury investigation long before anyone is arrested. A grand jury is a group of citizens who hear the government’s evidence in private and decide whether to charge someone. People often learn they are part of an investigation in one of three ways:
- A target letter: A letter from federal prosecutors saying they consider you a likely defendant and that they or the grand jury have substantial evidence linking you to a crime.
- A grand jury subpoena: An order to testify before the grand jury or to turn over documents or records.
- A call or visit from federal agents asking to talk with you.
A target letter is serious. It comes before a charge is filed, and prosecutors aren’t required to send one. If you are currently under investigation, our team works to present your side to the prosecutor before a charging decision is made. Agents are usually prepared when they reach out, and you should be too.
Understanding the Federal Sentencing Process
Federal judges consult the U.S. Sentencing Guidelines, which produce a recommended range from two measures: an offense level, based on the charge and its facts, and a criminal history category, based on any prior record. The judge considers that range when making their decision, but isn’t required to follow it.
Some federal laws, including certain drug trafficking and firearm statutes, can also set a mandatory minimum sentence. That’s the lowest prison term the law allows, with narrow exceptions. Whether one applies depends on the exact charge and facts.
For a prison sentence of more than one year (other than life), federal law lets the Bureau of Prisons award up to 54 days of credit for each year of the sentence. The credit depends on exemplary compliance with prison disciplinary rules. None of these rules can predict your outcome. It depends on the facts, your record, and how the case is handled.
What Happens After a
Federal Charge Is Filed
A federal case generally moves through these stages:
Talk With an Attorney- 01
Indictment
A formal charge issued by the grand jury.
- 02
Initial appearance
Usually the same day as an arrest or the next day. A magistrate judge, who handles early stages of federal cases, explains the potential penalties associated with the charges and your rights. The judge will also address the matter of bond. If bond is appropriate, it can be set at the initial appearance. However, if the government moves for detention, or no bond, a detention hearing will be set
- 03
Detention hearing
The judge decides whether you’ll be released while the case is pending, based on flight risk and/or danger to the community.
- 04
Discovery and pretrial motions
The government shares its evidence, and your attorney can ask the court to rule on issues such as whether evidence was lawfully obtained.
- 05
Plea negotiations or trial
The case resolves through a plea agreement, which is a negotiated resolution with the prosecutor, or goes to trial.
- 06
Presentence report
After a conviction, by either guilty plea or guilty verdict at trial, a U.S. probation officer prepares a report the judge reads before sentencing. This report will include the advisory guideline sentencing range based on U.S. Probation's calculations.
- 07
Objections to the Presentence Report
Both your attorney and the attorney for the government can file objections to the presentence report. This can be critical to ensure to appropriate advisory guideline sentencing range is calculated correctly.
- 08
Sentencing
Usually a few months after a guilty plea or verdict, depending on how long the presentence report takes to prepare and how long it takes for U.S. Probation to address any objections.
Frequently Asked Questions About Federal Criminal Cases
Short answers. None of them replace a conversation about your own case.
Can You Get a Bond in a Federal Case?
A federal judge can release you before trial, but under federal law rather than South Carolina’s bond process. Under 18 U.S.C. 3142, the judge can release you on personal recognizance (your promise to return to court), release you on conditions, or order you held. The judge weighs the charge, the evidence, your history and community ties, and safety in order to make their decision.
Do I Have to Answer Questions From Federal Agents?
You don’t have to answer questions from federal agents, and you have the right to speak with an attorney first. You should stay courteous, take the agent’s contact information, and let them know your attorney will be in touch. It’s also a federal crime to knowingly and willfully make a materially false statement to a federal agent. That’s one more reason to involve your attorney before any interview.
Will My Case Be Heard in Greenville County?
If your case comes from Greenville or Laurens County, it’s in the federal court’s Greenville Division, which holds court in Greenville. Under 28 U.S.C. 121, Anderson, Oconee, and Pickens counties are in the Anderson Division, and Cherokee, Spartanburg, and Union counties are in the Spartanburg Division. We’ll tell you where to be before every court date.
The Consequences Beyond the Sentence
A federal charge can’t be expunged, and can carry consequences beyond the sentence itself:
- Your career and professional license: A conviction can affect your professional license and your ability to keep your job or find a new one.
- Security clearances: Federal law bars access to sensitive compartmented information, special access programs, and Restricted Data for anyone convicted, sentenced to more than one year, and incarcerated for at least one year, unless an agency grants a waiver.
- Firearm rights: Federal law makes it a crime for someone convicted of an offense punishable by more than one year in prison to possess a firearm or ammunition.
- Asset forfeiture: The government taking property it alleges was used in or obtained through the offense, such as money or vehicles.
- Healthcare careers: Certain convictions, including felony healthcare fraud, require at least five years of exclusion from Medicare, Medicaid, and other federal health care programs.
- Immigration status: A federal charge can affect immigration status. We look at that before advising you on any decision.
How Ironside Criminal Defense Approaches Federal Cases
Headquartered in Greenville, SC, Ironside Criminal Defense handles federal cases across the Upstate and South Carolina. Here’s what to expect when working with our attorneys:
- Two former prosecutors on every case: Sloan Ellis spent nearly a decade as a federal and state prosecutor. Brandi Hinton’s prosecution work included South Carolina’s largest federal racketeering conspiracy case. Both received the U.S. Attorney’s Award for Excellence in Prosecution.
- Proactive from day one: We don’t wait for the prosecutor’s offer. We reach out early so the prosecutor sees a person, not just a file.
- Honest about what’s likely: We’ll tell you what we expect, including what you may not want to hear, before you make any decision.
- A team behind your attorneys: Federal cases often move on faster timelines than state cases. You’re not just hiring the lawyer, you’re hiring a team behind them.
You will know where you stand
before you hang up
- 01
You tell us what happened
In your own words, at your own pace. We will ask questions, and some of them will be uncomfortable. Nothing you say surprises us.
- 02
We tell you what you are facing
What the charge actually means, how it is usually handled, and what is realistic. Including the parts you would rather not hear.
- 03
You leave with a plan
What we intend to do, what we need from you, and what happens on what date. You should never be surprised by a result.
- 04
We start before the prosecutor does
We make the first move, so the prosecutor reviewing your file sees a person with a story rather than a name on a warrant.
If you have been charged,
the clock is already running.
Find Out Where Your Case Stands
Whether you’ve been charged, received a target letter, or had a call from federal agents, the first step is an honest conversation with an experienced attorney. Tell us what happened, and we’ll tell you what you’re actually facing and what we would do next. If you’re reading this for a spouse, parent, or someone else you love, you can have the consultation for them.
Your consultation is free and with an attorney. We are transparent about pricing and don’t charge hidden fees, even if your case goes to trial. Call 864-568-4750 or contact our team online.
A charge doesn't have to define your future
What comes next depends on how you move forward from it. Tell us what happened, and we will tell you what you are facing. Our consultations are free, and with an attorney.
- [email protected]
- Office
- 21 Augusta Street, Suite C
Greenville, SC 29601 - Consultations
- Free, and with an attorney. Sloan or Brandi reads every inquiry.