Understanding Federal Charges

What Are Federal Charges?

Federal charges are criminal offenses prosecuted by the U.S. government - usually the United States Department of Justice - rather than by a state or local authority, such as the local Solicitor’s Office (in South Carolina) or a District Attorney in other states. Federal cases are handled in federal courts and often involve investigations conducted by agencies such as the FBI, DEA, ATF, IRS, and Homeland Security.

How Are Federal Crimes Different from State Crimes?

Federal Crimes involve different investigative agencies than State Crimes. Usually, Federal Investigations involve the FBI, DEA, ATF, and IRS, as opposed to the local police or state agencies, like the local or state police (SLED in South Carolina)

Prosecution. The United States Attorney’s Office, part of the United States Department of Justice, prosecutes federal crimes. State or county prosecutors, such as the Solicitor’s Office or State Attorney General’s Office in South Carolina, prosecute state crimes.

Court System. Federal cases are handled by the U.S. District Courts, and state courts, like the General Sessions Court in South Carolina, handle state cases.

Penalties. Federal charges generally carry harsher penalties than South Carolina state cases. This is typically because of mandatory minimums for drug cases and gun offenses. However, there are instances where state cases in South Carolina can carry a heavier penalty than a federal charge—armed Robbery is a typical example. Also, several state crimes do not have a federal counterpart. Murder, for example, is a federal crime, but only when it occurs on federal property.

Examples of Federal Crimes

Although several state crimes do not have a federal crime equivalent, several federal crimes do not have similar state charge counterparts. Most commonly, though, it is the scope or scale of the crime that results in a federal, rather than a state, criminal charge. Common federal charges include:

  • Drug Trafficking & Conspiracy (large-scale operations, crossing state lines)

  • White-Collar Crimes (fraud, embezzlement, money laundering)

  • Firearms Offenses (illegal possession, gun trafficking, felon in possession)

  • Cybercrimes & Internet Offenses (hacking, identity theft, child exploitation)

  • Federal Conspiracy Charges (RICO violations, organized crime, cartel operations)

What Happens If You Are Charged with a Federal Crime?

  1. Investigation: Federal agents gather evidence, conduct surveillance, and may issue subpoenas. Subpoenas are issued by a grand jury, and a federal magistrate judge issues warrants.

  2. Grand Jury Indictment: A federal grand jury reviews evidence and decides if formal charges should be filed. These proceedings are secret, and although witnesses who testify are not sworn to secrecy, individuals who are being federally indicted are rarely aware of the charges until they are arrested or summoned to appear.

  3. Arrest & Initial Appearance: The defendant appears before a federal judge within 24 hours of arrest. The prosecutor can also issue a summons to appear in court, which does not require an arrest. Instead, a charged individual receives a letter telling them when to appear. The decision to issue a summons instead of an arrest warrant is largely up to the prosecutor, who generally decides in consultation with investigating agents.

  4. Detention/Bail Hearing: Federal magistrate judges handle initial appearances in South Carolina and make bond determinations. Several factors go into the decision, and some charges - most drug charges - have a presumption of detention. Otherwise, the judge considers the individuals’ risk of flight and danger to the community should they be released on bond.

  5. Plea Bargaining or Trial: Most federal cases end in plea agreements, but some proceed to trial. Prosecutors provide the evidence in the case (called discovery) to a defendant’s attorney. Evaluating this evidence is critical in determining the likelihood of conviction and a corresponding decision on whether to try to resolve a charge through a guilty plea or trial. Several other factors, such as the value of an offer in the case, the potential sentence if a case goes to trial or a plea, and the specific impact on an individual and their personal circumstances, all need to be considered when making decisions about whether to enter a guilty plea or go to trial.

  6. Sentencing: Federal sentencing guidelines usually establish a presumptively reasonable sentence. However, some cases—usually drug or gun cases—have mandatory minimum sentences that apply independently of the guidelines and can determine a sentence. Likewise, motions for a departure or variance can result in a sentence outside of a guideline range.

How We Defend Against Federal Charges

At the Law Offices of Nathan S. Williams, we provide aggressive defense strategies, including:
✔ Challenging illegally obtained evidence
✔ Negotiating charge reductions or dismissals
✔ Exposing weaknesses in the government’s case
✔ Fighting for the lowest possible sentence

Need a Federal Defense Lawyer in Charleston, SC?

If you’re facing federal charges or under investigation, don’t wait. Early intervention can make the difference between freedom and conviction. Contact us today for a confidential case review.

📞 Call us at (843) 473-700 or Click Below to Schedule a Free Consultation.

No Other Firm Brings The Experience And Track Record Of Success To The Table.