Spartanburg County is participating in a pilot program with the U.S. Attorney's Office in which some domestic violence cases are being prosecuted in Federal Court. Not all cases qualify, and ones that do typically involve use of a firearm by a previously convicted felon or some other circumstance giving presumptive jurisdiction to the federal court system.
Having a domestic violence charge removed to federal court can make a big difference in the law and defense procedures that will apply. Additionally the penalties can be much more severe, and the cases can move much quicker. The stated purpose behind this special program is that defendants will be so intimidated by the federal court process that it will give an advantage to the government.
Because these cases are expected to proceed faster than they would in state court, it is important that the defense have a pre-existing system in place to defend domestic violence accusations. Attorney James R. Snell, Jr., is the author of the book Challenging CDV, written on the topic of South Carolina domestic violence law and defense strategy. As our practice maintains regular ongoing involvement with all levels of domestic violence defense we maintain a network of investigators and forensic experts to assist in our client's defense. We can begin implementing an appropriate defense strategy immediately, usually within just a few hours of being retained.
The lawyers at the Law Office of James R. Snell, Jr., LLC, are all admitted to practice in the federal district court. They have experience in litigating federal criminal charges, and extensive experience in the defense of domestic violence cases. Although the government intends on this process intimidating the defense, we are looking forward to opportunities to vigorously defend our clients subjected to these procedures, especially in situations were false or unfair charges have been brought.