South Carolina Federal Court Attorney
The federal justice system hears certain cases authorized by the U.S. Constitution. A federal court attorney handles cases involving the U.S. government, the U.S. Constitution, other federal laws, and citizens of multiple states. At Wilson Law Group, our attorneys get results for our clients in criminal and civil cases at the federal level. Wilson Law Group will fight for you when you need a professional to defend your rights.
What Type of Cases Are Heard by the Federal Court?
The U.S. Constitution institutes a federal system of government where the federal and state governments share power. Article III of the Constitution invests the judicial power of the United States in the federal court system. The federal judiciary, comprised of 94 U.S. district courts, hears cases involving U.S. federal law. It enforces the federal criminal code and interprets the U.S. Constitution.
On the other hand, state courts judge cases based on state law, like the South Carolina criminal code or South Carolina Constitution. The state and federal courts have different procedures, precedents, and outcomes. Most cases happen in state court because state legislatures draft most laws governing conduct. Depending on the facts of your situation, your case might be heard in either federal or state court.
Federal Criminal Cases
Federal courts hear criminal cases brought by a U.S. attorney for a violation of the U.S. criminal code. Some crimes are exclusively federal, including some white-collar crimes like bank fraud or tax evasion. However, both state and federal laws govern many other criminal acts. Consider violent crimes, assault and battery, criminal sexual conduct, and drug crimes. If the criminal act violates a state and federal law, both courts might charge you for the same act without violating your right against double jeopardy.
Our firm has a history of helping our clients get their charges dropped or reduced. The right criminal defense attorney can influence the time spent on your case and the outcome. Let Wilson Law Group act as your federal attorney, and we will explain your options for legal defense. Our experienced attorneys will support you through a plea bargain or trial.
Federal Civil Cases
A federal civil case seeks to resolve a legal dispute between two or more parties. A party might file a lawsuit against the federal government, a corporation, or an individual in federal court. However, the federal courts hear only two types of civil cases:
- Cases that raise a “federal question” involving the United States government, the U.S. Constitution, or other federal laws; and
- Cases involving “diversity of citizenship,” which are disputes between two parties not from the same state or country and where the claim meets a set dollar threshold for damages (currently at least $75,000).
Federal question cases include civil rights violations, patent and copyright infringement, and immigration disputes. Alternatively, if the parties have diverse citizenship, automobile accidents, personal liability, and uninsured motorist disputes can be brought in federal court. For example, suppose a Kentucky-licensed driver hits a South Carolina driver in Myrtle Beach, SC. So long as the damages exceed $75,000, the South Carolina driver can sue the at-fault driver in federal court.
How to File a Lawsuit in Federal Court?
Individuals do not file criminal charges in U.S. district courts. The government initiates criminal proceedings, usually through the U.S. attorney’s office, after coordination with a law enforcement agency. Agencies like the FBI or ICE investigate federal crimes.
When you have a civil dispute, the first step is to file a complaint. The complaint contains the details of the incident and the legal basis for the federal court to hear the case. A case with diversity or federal question jurisdiction can be filed directly with the federal court or removed from state court by another party. When you meet with a federal court attorney at Wilson Law Group, we will listen to your situation and begin drafting your complaint right away.
Examples of Federal Court Cases
Federal court cases range from civil rights violations and human trafficking to consumer fraud and environmental complaints. Some impact the country as a whole, while others affect only the parties involved. Here are some examples of federal court cases:
- Peruvian man sentenced to 100 months imprisonment for overseeing call centers that threatened and defrauded American consumers;
- A long island man pleads guilty to a mail fraud conspiracy;
- Ernesto Miranda sued the state of Arizona for a violation of his Constitutional rights after he confessed to a crime without being advised of his rights;
- Former Minneapolis police officer Derek Chauvin was sentenced to more than 20 years in prison for depriving George Floyd and a minor victim of their Constitutional rights;
- An addiction treatment facility’s medical director sentenced in $112 million addiction treatment fraud scheme;
- Former IRS employee sentenced to prison for tax evasion; and
- Several inmates sued the Arizona Department of Corrections, Rehabilitation, and Reentry for systematically violating the constitutional rights of incarcerated persons.
Many cases go to trial in federal court. Whether you are facing criminal prosecution or have a dispute with an out-of-state resident, Wilson Law Group can help.
South Carolina Federal Court Attorney: Wilson Law Group
Federal courts are considered courts of limited jurisdiction, meaning they can hear only certain cases. At Wilson Law Group, our attorneys have experience with criminal and civil federal cases. When you’re facing federal criminal charges, Wilson Law Group will work to explain your rights, protect your liberty, and ensure a fair outcome. Our attorneys will work toward settlement or trial if you have a civil dispute with a resident of another state.
While federal cases are similar to state cases in many ways, they can involve some unique procedures and laws. Our attorneys have experience with state and federal civil and criminal litigation and will provide the professional representation you need to meet your goals. Because we believe everyone deserves competent legal representation, we offer payment plans and alternative fee arrangements to meet your needs. Contact us today to learn more about how we can help with your federal case.