If you are facing criminal charges in Columbia, SC, one of the first things to understand is whether your case will be handled in state court or in the federal court system. That distinction can affect the legal process, the deadlines, and the way a sentence is set.
Most criminal cases are prosecuted in state court under state law. However, some conduct also violates federal law, including federal drug trafficking, drug conspiracy, firearm, fraud, and public corruption offenses, and those cases may be investigated by federal agencies and prosecuted in federal court. The federal district courts have original jurisdiction over all offenses against the laws of the United States (18 U.S.C. § 3231).
Federal prosecutions follow different rules from cases in South Carolina General Sessions Court. They may involve a federal investigation, a grand jury, an indictment, plea negotiations, a proffer agreement, and sentencing under the U.S. Sentencing Guidelines. If your case is in federal court, it is important to speak with a federal criminal defense attorney as soon as possible.
Understanding the differences between state and federal cases can help you prepare for what lies ahead and protect your constitutional rights. A licensed South Carolina attorney at our firm must review the facts of your case before you rely on this general information.
Understanding the Difference Between State and Federal Criminal Cases
Both kinds of cases involve alleged criminal conduct, but they are prosecuted under different laws and handled in separate court systems.
State Criminal Cases in South Carolina
State criminal cases involve violations of South Carolina law. They are prosecuted by the solicitor for the judicial circuit (S.C. Code Ann. § 1-7-310), and Richland County is in the fifth circuit (S.C. Code Ann. § 14-5-610). The Circuit Court is the state’s general trial court and has original jurisdiction in civil and criminal cases, except those given exclusively to other courts (S.C. Const. art. V, § 11). Felony cases are generally heard in General Sessions Court. Investigations are usually handled by local police departments, sheriff’s offices, and state law enforcement agencies such as the South Carolina Law Enforcement Division (SLED).
Common state charges include:
- DUI
- Drug crimes and drug possession
- Assault and Battery
- Domestic Violence
- Theft and Burglary
- Weapons charges
A criminal defense lawyer handling state charges works with South Carolina statutes, local court procedures, and the prosecutors in Richland County.
Federal Criminal Cases
Federal charges involve alleged violations of United States law. United States Attorneys prosecute all offenses against the United States in their districts (28 U.S.C. § 547). South Carolina is one federal judicial district, and court for the Columbia Division, which includes Richland County, is held at Columbia (28 U.S.C. § 121).
Federal prosecutions often involve federal agencies such as:
- Federal Bureau of Investigation
- Drug Enforcement Administration
- Department of Homeland Security
- Bureau of Alcohol, Tobacco, Firearms, and Explosives
- United States Postal Inspection Service
Examples of federal offenses include:
- Drug trafficking and drug conspiracy (21 U.S.C. § 841; 21 U.S.C. § 846)
- Firearm offenses, such as possession by a prohibited person (18 U.S.C. § 922(g)) and possession of a firearm with a removed or altered serial number (18 U.S.C. § 922(k))
- Mail fraud and wire fraud (18 U.S.C. § 1341; 18 U.S.C. § 1343)
- White collar crimes
- Public corruption
Federal cases often involve constitutional questions, including search warrants and the Fourth Amendment’s protection against unreasonable searches and seizures (U.S. Const. amend. IV). Penalties are set by the statute that defines each offense and by the sentencing rules that apply in federal court.
Why a Case Might Be Federal as Well as State
A case can begin with local law enforcement and later involve federal agencies. The same conduct can violate both federal and state law. Under the dual sovereignty doctrine, the Supreme Court has held that the federal government and a state may each prosecute conduct that violates the laws of both (Gamble v. United States, 587 U.S. 678 (2019)).
Common Reasons a Case Involves Federal Law
Federal law may apply when:
- The alleged conduct crossed state lines or used interstate commerce, such as interstate wire communications (18 U.S.C. § 1343)
- The alleged conduct involved the mail (18 U.S.C. § 1341)
- The alleged conduct occurred on property within the special maritime and territorial jurisdiction of the United States, which includes lands reserved or acquired for the use of the United States (18 U.S.C. § 7)
- The case involves a federal drug or firearm statute
- Several people are accused of a conspiracy under federal law
In many situations, people do not realize they are the subject of a federal investigation until agents contact them, execute a search warrant, or an indictment is returned.
Learn More: Federal Drug Classification Explained
How Federal Investigations Typically Begin
Federal investigations can take a long time. In some cases, federal agencies gather evidence for months or years before an arrest or a formal charge.
Investigative Tools Used by Federal Agencies
Depending on the allegations, federal law enforcement agencies may use:
- Search warrants (Fed. R. Crim. P. 41)
- Wiretaps, which require a court order (18 U.S.C. § 2518)
- Confidential informants
- Undercover operations
- Subpoenas for financial records
- Electronic surveillance
Federal investigations may also involve the United States Postal Inspection Service when allegations include mail fraud or other offenses that involve the mail. Throughout the process, constitutional protections, including the Fourth Amendment, may play an important role in the defense.
Grand Jury Indictments and Federal Charges
A federal offense punishable by death or by imprisonment for more than one year must be prosecuted by an indictment, unless the defendant waives indictment in open court (Fed. R. Crim. P. 7; see also the Fifth Amendment). During this process, federal prosecutors present evidence to a grand jury, which decides whether to return an indictment.
The defense does not take part in the grand jury session. Only attorneys for the government, the witness being questioned, interpreters when needed, and a court reporter may be present while the grand jury is in session (Fed. R. Crim. P. 6(d)). If an indictment is returned, the defendant is formally charged, and the case proceeds in federal court.
For many people, receiving notice of an indictment is the first clear sign that they are facing federal charges.
Key Differences Between State and Federal Defense
Both state and federal cases involve criminal accusations, but the process in federal court is different.
Sentencing Guidelines and Penalties
One of the main differences is the use of the U.S. Sentencing Guidelines, which are published by the U.S. Sentencing Commission. The Guidelines take into account factors such as:
- The nature of the offense
- Drug quantity or financial loss
- Criminal history
- Use of firearms
- Leadership roles in a conspiracy
The Guidelines are advisory. The sentencing court must consider the Guideline range, but it may tailor the sentence to other factors set out in the law (United States v. Booker, 543 U.S. 220 (2005)). A statute may also set a mandatory minimum sentence or a maximum sentence for a particular offense.
Federal Firearm Laws
Federal firearm charges can involve prohibited-person rules (18 U.S.C. § 922(g)), firearm transfers, and firearms with removed or altered serial numbers (18 U.S.C. § 922(k)). A person who knowingly violates § 922(g) can be fined, imprisoned for not more than 15 years, or both (18 U.S.C. § 924(a)(8)). Even someone who lawfully owns firearms can be charged if the government alleges a violation of federal firearm law.
Detention Hearings
In federal court, a judge holds a detention hearing to decide whether any conditions of release will reasonably assure the person’s appearance and the safety of any other person and the community (18 U.S.C. § 3142). For some offenses, including certain drug offenses with a maximum term of ten years or more and certain firearm offenses, the statute creates a rebuttable presumption that no conditions will reasonably assure safety (18 U.S.C. § 3142(e)(3)). The person has the right to be represented by counsel at the hearing.
Plea Bargaining and Proffer Agreements
Federal cases often involve plea negotiations, and a plea must meet the requirements of Fed. R. Crim. P. 11. In some situations, the government may ask a person to take part in a proffer session, in which the person provides information to the government. The written terms of a proffer agreement determine how the government may use what the person says.
Because statements made in a proffer session can affect the case, a person should have an attorney review the agreement before agreeing to a proffer.
Learn More: Should You Take a Plea Deal for Federal Charges?
The Federal Criminal Process in Columbia, SC
If your case is prosecuted federally, it will be in the United States District Court for the District of South Carolina, which holds court for the Columbia Division at Columbia (28 U.S.C. § 121). The court lists its Columbia location as the Matthew J. Perry, Jr. Courthouse, 901 Richland Street, Columbia, South Carolina 29201 (U.S. District Court, District of South Carolina, Columbia location). Federal prosecutions are handled by the United States Attorney’s Office.
The federal criminal process generally includes:
- Federal investigation
- Grand jury and indictment (Fed. R. Crim. P. 6 and 7)
- Arrest and initial appearance (Fed. R. Crim. P. 5)
- Detention hearing (18 U.S.C. § 3142)
- Arraignment (Fed. R. Crim. P. 10)
- Discovery and pretrial motions (Fed. R. Crim. P. 12 and 16)
- Plea or trial
- Sentencing (Fed. R. Crim. P. 32)
Each stage presents opportunities to challenge the government’s evidence and protect your rights, and the order and timing can vary by case.
Why Federal Experience Matters
Federal cases follow federal procedure, a detailed set of sentencing rules, and negotiations with the U.S. Attorney’s Office. A lawyer who handles a federal case should be familiar with:
- Federal court procedure and rules of evidence
- Grand jury practice
- Proffer agreements
- Fourth Amendment issues
- U.S. Sentencing Guidelines
- Negotiations with federal prosecutors
Ask any lawyer you are considering about their experience with the court where your case is pending.
What to Do If You Are Under Federal Investigation
If you are contacted by federal agents or believe you are the target of a federal investigation, the steps you take right away are important.
Steps to Consider
- You have the right to remain silent and the right to an attorney when you are questioned in custody (Miranda v. Arizona, 384 U.S. 436 (1966)). Consider speaking with a criminal defense lawyer before answering questions.
- Do not consent to a search without first getting legal advice.
- Preserve relevant records and documents.
- Avoid discussing the investigation with other people.
- Contact a criminal defense attorney promptly.
Many people believe they can explain their way out of an investigation. Statements to federal agents can be used as evidence in a prosecution.
Contact Touma Law Group About State and Federal Charges in Columbia, South Carolina
The differences between state and federal cases can be significant. Federal charges can involve grand jury investigations, the sentencing guidelines, and serious penalties.
At Touma Law Group, we represent clients facing state and federal charges in South Carolina. Whether you are under investigation for drug trafficking, drug conspiracy, firearm offenses, white collar offenses, or public corruption, a licensed attorney at our firm can review your situation and explain your options.
If you have been contacted by federal agents or charged in federal court, do not wait to seek legal advice. Contact Touma Law Group today at (803) 879-4499 to schedule your initial consultation.
Frequently Asked Questions
What is the difference between state and federal charges in South Carolina?
State charges are prosecuted in South Carolina courts and involve violations of state law. Federal charges involve alleged violations of federal law and are prosecuted in the federal court system by the United States Attorney’s Office.
Federal crimes are often investigated by agencies such as the Federal Bureau of Investigation, Drug Enforcement Administration, Department of Homeland Security, or the U.S. Postal Inspection Service.
Why would a criminal case be in federal court instead of state court?
Federal court is the forum when the charge is an offense against the laws of the United States, such as a federal drug trafficking, drug conspiracy, firearm, fraud, or public corruption offense. The same conduct can violate both federal and state law, and each government may prosecute it (Gamble v. United States, 587 U.S. 678 (2019)).
Where are federal criminal cases heard in Columbia, SC?
Federal criminal cases in the Columbia Division are heard in the United States District Court for the District of South Carolina, which holds court at Columbia (28 U.S.C. § 121). Contact the court clerk’s office to confirm the location and time of any hearing.
Federal cases typically involve grand jury proceedings, detention hearings, and sentencing hearings.
Can constitutional rights violations help my defense?
Potentially. Constitutional issues often play a role in criminal defense cases.
A criminal defense lawyer may raise issues such as:
- Illegal searches under the Fourth Amendment
- Improper interrogations (Miranda v. Arizona, 384 U.S. 436 (1966))
- Lack of probable cause for a warrant
If law enforcement violated your rights, a court may be asked to suppress certain evidence. Whether it does depends on the facts of the case.
Why is hiring a federal criminal defense attorney important?
Federal prosecutions follow different procedures from most state criminal cases. A lawyer who handles a federal case should be familiar with:
- Federal court procedures
- Indictments and grand jury practice
- Plea negotiations and proffer agreements
- U.S. Sentencing Guidelines
- Federal investigation methods
An attorney can review the charge and explain the process that applies to your case.
