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Criminal Defense

Your Trusted Criminal Defense Attorney in Upstate SC

Facing a criminal charge is daunting, with consequences that may affect your freedom, finances, and future. During this critical time, understanding your rights and legal options is vital. A skilled criminal defense attorney makes a decisive difference. Wilkins Davis Attorneys at Law is dedicated to protecting individuals throughout Upstate, SC. We outline the criminal cases we handle, the benefits of private representation, qualities to seek in your lawyer, and the distinction between misdemeanors and felonies. Our goal is to clarify your path and strengthen your confidence.

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Criminal Law Cases We Pursue

A criminal defense law firm must handle diverse cases. Our attorneys at Wilkins Davis Attorneys at Law are ready to defend you against various state and federal charges. We are committed to ensuring every client receives a robust defense. Our experience covers many complex scenarios, and we build strong defenses for situations such as:

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White Collar Crimes:

We offer a strong white collar criminal defense for charges such as embezzlement, fraud, and insider trading. These cases often require a sophisticated understanding of financial and corporate law.

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Drug Offenses:

From simple possession to trafficking, we handle cases involving controlled substances with a thorough understanding of South Carolina’s drug laws.

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Cybercrime:

As technology evolves, so do the laws surrounding it. We defend individuals accused of computer-based crimes like hacking, data breaches, and online fraud.

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Tax Evasion:

Accusations from the IRS or state revenue departments require a meticulous and knowledgeable defense, which our team is prepared to provide.

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And more:

Our expertise also covers other serious state and federal criminal charges.

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Why Hire a Private Lawyer Over a Public Defender?

Public defenders provide crucial service but often have heavy caseloads limiting their focus. Private attorneys offer more time and resources for in-depth investigations and tailored strategies. At Wilkins Davis Attorneys at Law, we limit cases to provide personal attention, maximizing your chance for a favorable outcome.

Attorneys at Wilkins Davis pose for a picture in Greenville, SC

Qualities to Look for in a Criminal Defense Lawyer

Selecting the right attorney is critical as your freedom and future are on the line. Look for a legal advocate with relevant skills, proven results, and clear communication. Consider these key qualities:

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Experience in Criminal Law:

Look for an attorney who specializes in criminal defense and has experience with cases similar to yours.

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Local Court Knowledge:

An attorney familiar with the local courts, judges, and prosecutors in Upstate, SC, can provide a significant strategic advantage.

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Strong Communication Skills:

Your lawyer should be able to explain complex legal concepts in a way you can understand and keep you informed about your case’s progress.

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A Proven Track Record:

Ask about their history of success in negotiating plea bargains and winning cases at trial.

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Client-Centered Approach:

You want a lawyer who listens to your side of the story and is committed to fighting for your best interests.

Misdemeanor vs. Felony: What’s the Difference?

In South Carolina, criminal offenses are generally categorized as either misdemeanors or felonies. The primary distinction between the two lies in the severity of the potential punishment. Misdemeanors are less serious offenses, typically punishable by fines, probation, or a jail sentence of up to one year in a local facility. Examples include petty theft, simple assault, or public intoxication. Felonies, on the other hand, are the most serious types of crimes and carry severe penalties, including imprisonment for more than one year in a state prison. In some cases, a felony conviction can result in a life sentence. Felonies include offenses like murder, robbery, drug trafficking, and serious white collar crimes. A felony conviction also carries long-term consequences beyond prison, such as the loss of voting rights, the right to own a firearm, and significant barriers to employment and housing.

 

Let Us Protect Your Rights

Navigating the criminal justice system is a daunting task, but you don’t have to do it alone. A strong legal defense can significantly impact the outcome of your case and help protect your future. By understanding the charges against you and securing experienced representation, you take the first and most critical step toward defending your freedom. If you or a loved one is facing criminal charges in Upstate, SC, contact us today. Our dedicated team of criminal defense lawyers is ready to build a powerful defense on your behalf.

Criminal Defense FAQ

Facing criminal charges can create immediate stress and uncertainty about your future. Whether you are under investigation, recently arrested, or preparing to appear in court, speaking with a criminal defense attorney in Upstate and Columbia, SC, as early as possible can help you better understand your rights and legal options. At Wilkins Davis Attorneys at Law, our criminal defense law firm represents individuals facing both state and federal charges and works to guide clients through every stage of the criminal justice process.

 

What Should I Do If I Am Arrested?

If you are arrested, remaining calm and protecting your legal rights is important. You have the right to remain silent and the right to speak with a criminal defense lawyer before answering questions from law enforcement. In many situations, statements made during or after an arrest may later be used as evidence in court.
After an arrest, avoid discussing your case with friends, family members, or on social media. Even casual conversations may create complications later. You should also avoid resisting arrest or attempting to explain your side of the story without legal counsel present.

One of the first steps after an arrest is contacting a criminal defense attorney who can evaluate the charges, explain the next stages of the process, and begin protecting your interests immediately. Early legal representation may also help address bond issues, preserve evidence, and reduce the risk of procedural mistakes.How Does the Criminal Justice Process Work in Upstate & Columbia, SC?

The criminal justice process often begins with an arrest, criminal complaint, or formal investigation. After charges are filed, the accused person typically appears before a judge for an initial hearing where bond or release conditions may be addressed. The process may then include:

• Arraignment hearings
• Discovery and evidence review
• Motions and pretrial hearings
• Plea negotiations
• Trial proceedings
• Sentencing, if necessary

Some cases resolve through negotiated plea agreements, while others proceed to trial before a judge or jury. Complex criminal defense law matters may involve extensive evidence review, witness interviews, forensic analysis, or federal investigations.

A criminal defense law firm can help clients understand what to expect throughout each stage while developing a defense strategy based on the specific facts of the case.
How Does Bail Work in Upstate & Columbia, SC?

Bail is intended to allow a person charged with a crime to remain out of custody while the case proceeds through court. In South Carolina, a judge may set bail based on several factors, including:

• The seriousness of the alleged offense
• Prior criminal history
• Risk of flight
• Community ties
• Public safety concerns

Bail may involve cash bonds, surety bonds through a bail bondsman, property bonds, or personal recognizance release in some cases. Conditions such as travel restrictions or no-contact orders may also apply.
In certain serious felony or federal cases, bond may be denied entirely. A federal criminal defense lawyer can help address detention hearings, argue for reasonable release conditions, and advocate for pretrial release when appropriate.

 

What Are the Benefits of Hiring a Criminal Defense Attorney Early?

Hiring a criminal defense attorney early in a case may provide important advantages. In some situations, legal counsel can become involved before formal charges are even filed. Early intervention may help identify weaknesses in the prosecution’s case, preserve evidence, and prevent avoidable mistakes. A criminal defense lawyer may also:

• Communicate with investigators on your behalf
• Review search warrants and arrest procedures
• Protect against unlawful questioning
• Negotiate with prosecutors early in the case
• Help prepare for court appearances
• Develop defense strategies before evidence is lost

Federal investigations and white-collar criminal matters often involve significant document review and legal analysis before charges are formally brought. Working with a federal criminal defense lawyer early may help individuals better navigate these high-stakes situations.

 

What Should I Do If I Believe My Rights Have Been Violated?

If you believe law enforcement violated your constitutional rights during an arrest, search, interrogation, or investigation, you should discuss the situation with a criminal defense attorney immediately. Potential violations may involve:

• Illegal searches or seizures
• Failure to provide Miranda warnings
• Coerced confessions
• Unlawful traffic stops
• Improper interrogation tactics
• Violations involving warrants or evidence collection

When rights violations occur, certain evidence may potentially be challenged or excluded from court proceedings. However, these issues often require detailed legal analysis and must be raised properly during the litigation process.

At Wilkins Davis Attorneys at Law, our criminal defense law firm represents clients throughout Upstate and Columbia, SC, facing serious criminal allegations in both state and federal court. Whether you are under investigation or already charged, speaking with a criminal defense attorney as early as possible can help you better understand your options moving forward.

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“At Wilkins  Davis, we bring the same dedication and tenacity I honed as Solicitor to every client we serve. Our firm is built on a foundation of trust, integrity, and a relentless pursuit of justice, ensuring that each individual receives personalized attention and robust representation tailored to their needs. We’re here to guide you through life’s toughest moments with compassion and expertise, delivering results that matter.”
 
— Walt Wilkins
 

Meet William W. “Billy” Wilkins

Practice Areas:
Shareholder Litigation, Business & Commercial Disputes, Litigation, Alternative Dispute Resolution, Appellate, Government Investigations & White Collar Defense

William W. “Billy” Wilkins is a former Chief Judge of the United States Court of Appeals for the Fourth Circuit, former United States District Judge, and the first Chair of the United States Sentencing Commission. His legal and public service career spans more than five decades and includes landmark contributions to federal sentencing policy, military service, and leadership in both the judiciary and the private sector.

Career Timeline

Early Legal & Public Service

  • Native of Greenville, SC

  • Clerked for a federal appeals court judge and served as a legislative assistant to a U.S. Senator

  • Elected Solicitor (District Attorney), 13th Judicial Circuit (1974); re-elected in 1978

  • Established South Carolina’s first:

    • Joint state-federal task force

    • Victim-Witness Assistance Program

    • Child Abuse Prosecution Unit

    • Pretrial Diversion Program

  • Honored annually through the “Billy Wilkins Award for Excellence in Law Enforcement”

Federal Judicial Service

  • Appointed by President Reagan as U.S. District Judge, District of South Carolina (1981)

  • Named first Chair of the U.S. Sentencing Commission (1985–1994)

  • Appointed U.S. Circuit Judge, Fourth Circuit Court of Appeals (1986)

  • Elevated to Chief Judge, Fourth Circuit (2003–2007); took senior status in 2007

  • Chair, Committee on Criminal Law (appointed by Chief Justice Rehnquist)

  • Member, Judicial Conference of the United States

Academic Roles

  • Taught Criminal Law & Procedure, Constitutional Law, and Family Law for 24 years at Greenville Technical College

Education

  • J.D., University of South Carolina School of Law

    • Editor-in-Chief, South Carolina Law Review

    • Captain, Moot Court Team

    • Order of Wig and Robe

    • Outstanding Graduate of the Year

Military Service

  • 27 years of combined service in U.S. Army (active/reserve) and South Carolina National Guard

  • Served in the Judge Advocate General’s Corps and as State Judge Advocate

  • Retired Brigadier General

  • Recipient, Legion of Merit for Meritorious Service

Community & Professional Involvement

  • Certified Arbitrator, American Arbitration Association (2009–present)

  • Permanent Member, Judicial Conference of the United States

  • Member, National Association of Criminal Defense Lawyers

  • Member, American Bar Association

  • Member, South Carolina Bar

Honors & Awards

  • Best Lawyers in America® (2025): Appellate Practice, Bet-the-Company Litigation, Criminal Defense: White-Collar

  • Honorary Doctor of Laws: University of South Carolina, Charleston School of Law, Anderson University

  • Honorary Doctor of Public Service: Coastal Carolina University

  • Martindale Hubbell “AV Preeminent” Rating

  • ABA Lifetime Achievement Award

  • Order of the Palmetto, S.C.'s highest civilian honor

  • Exemplary Service Award, SC Chapter, American Board of Trial Advocacy

  • Best Lawyers in America: White-Collar, Bet-the-Company, and Appellate (since 2010)

  • Chambers USA: “America’s Leading Lawyers for Business” (since 2010)

  • “Lawyer of the Year,” Greenville, SC – Best Lawyers (2013, 2014, 2016, 2020–2025)

  • “Legal Elite of the Upstate,” Greenville Business Magazine (multiple categories, 2016, 2018–2020, 2022–2024)

  • “Top Lawyers,” TALK Greenville Magazine (2022–2024)

  • “Top 25 South Carolina Super Lawyers,” Thomson Reuters (2012–2020)

  • International Compliance & Ethics Award, Society of Corporate Compliance & Ethics (2018)

  • “Top 25 Attorneys in SC,” Columbia Living Magazine (2017)

  • Trial and Appellate Advocacy Award, South Carolina Bar (2013)

  • Compleat Lawyer Platinum Award, USC Law Alumni Council (2012)

  • Featured in The Greenville Journal cover story: “The Life and Trials of William Walter Wilkins” (2011)

  • Keynote Speaker, Southern High Court Conference: “How Court Decisions Impact Economic Development” (2011)

  • Instrumental in securing Boeing’s move to North Charleston, SC; publicly credited by Senate President Pro Tempore Glenn McConnell and featured in Columbia Regional Business Report (2010)

Publications & Speaking

Judge Wilkins has testified before numerous Congressional committees and lectured across the U.S. and internationally. His authored works include:

  • Discovery of Existence and Amount of Defendant's Insurance Policy, 17 S.C.L. Rev. 750 (1965)

  • Lockouts: Return to the Common Law Ruling, 18 S.C.L. Rev. 299 (1966)

  • The Family Purpose Doctrine, 18 S.C.L. Rev. 638 (1966)

  • Plea Negotiations and Sentencing Guidelines, 23 Wake Forest L. Rev. 181 (1988)

  • Sentencing Reform and Appellate Review, 46 Wash. & Lee L. Rev. 429 (1989)

  • Relevant Conduct: The Cornerstone of the Guidelines, 41 S.C.L. Rev. 495 (1990)

  • The U.S. Sentencing Commission: Its Many Missions, 55 Federal Probation 26 (1991)

  • The Sentencing Reform Act of 1984, 2 Crim. L. Forum 355 (1991)

  • The Federal Sentencing Guidelines: Striking a Balance, 25 U.C. Davis L. Rev. 571 (1992)

  • Comments on Federal Sentencing Guidelines Symposium, 29 Am. Crim. L. Rev. 795 (1992)

  • The Role of Amendments in Reducing Disparity, 50 Wash. & Lee L. Rev. 63 (1993)

  • Competing Sentencing Policies in a Drug Era, 28 Wake Forest L. Rev. 305 (1993)

The Legal, Political, and Social Implications of the Death Penalty, 41 U. Richmond L. Rev. 793 (2007)

Meet Lane Davis

Lane Davis is a seasoned litigator with a practice spanning a broad range of complex civil litigation, including business torts, health care and managed care disputes, securities, ERISA, employment, trade secrets, non-compete litigation, RICO, public corruption, wrongful death, product liability, utility disputes, class actions, professional negligence, and FLSA collective actions.

Lane represents an equally diverse array of clients, including product manufacturers, hospital systems, health benefit coordinators, federal contractors, public utilities, municipalities, law enforcement agencies, public officials, lenders, chemical companies, nonprofits, and individuals.

Known for his strategic mindset, creativity, and courtroom acumen, Lane approaches each case with a problem-solving mentality that goes beyond conventional tactics. He has significant trial experience and has managed litigation in at least 13 jurisdictions across the country.

Lane has been recognized by Greenville Business Magazine as a “Legal Elite of the Upstate” in multiple categories, including Business Litigation, Corporate Investigations, and Government Relations. He is also listed in The Best Lawyers in America for Commercial Litigation and Personal Injury Litigation.

He earned his J.D. from Emory University School of Law, where he received the Certificate of Excellence in Criminal Litigation, and his undergraduate degree from Boston College.

Representative Cases

Class Action & Collective Action Litigation

  1. Defeated class certification in a federal ERISA case with over $15M at stake, resolving the matter favorably mid-trial.
  2. Achieved dismissals with prejudice in class actions involving product exposure and toxic torts in U.S. Virgin Islands and West Virginia.
  3. Prosecuted class action to secure declaratory and injunctive relief, shielding client from $50M in potential liability.
  4. Obtained summary judgment in pricing discrimination case for utility client.
  5. Limited scope of FLSA collective actions in multiple jurisdictions, leading to favorable settlements for national retailers and managed care providers.
  6. Obtained dismissal with prejudice in a federal class action alleging violations of RICO and ERISA.
  7. Obtained favorable settlement terms in nationwide data breach case pending in multi-district litigation.Obtained dismissal and favorable results in multiple actions brought under the Fair Labor and Standards Act.

Health Care & Managed Care Litigation

  • Secured dismissal of federal suit brought by insurer against health benefits manager.
  • Recovered nearly $3M in unpaid claims in multi-year, multi-state litigation.
  • Represented major hospital system in litigation challenging corporate restructuring.
  • Guided managed care client through high-stakes vendor termination involving data exposure and IT continuity.

Business & Tort Litigation

  • Blocked fraudulent takeover of renewable energy project supporting scholarships for underprivileged youth.
  • Secured $11M settlement against a global pharmaceutical company via federal court injunction.
  • Won defense verdicts in multi-million dollar contract interference and franchise disputes.
  • Obtained judgments and injunctive relief in cross-border fraud and commercial contract disputes.
  • Halted improper municipal zoning efforts threatening national restaurant and retail chains.

Employment & Non-Compete Disputes

  • Defended public officials, national employers, and manufacturers in severance, discrimination, and restrictive covenant cases.
  • Defeated claims and obtained favorable resolutions in trade secret and injunctive relief matters.
  • Navigated complex contempt proceedings involving out-of-state non-compete enforcement.

Public Entity & Governmental Litigation

  • Secured defense verdicts and favorable settlements in public corruption, regulatory, and constitutional claims.
  • Obtained sanctions and court orders against state agencies for discovery violations.
  • Litigated public nuisance claims, civil rights defenses, and regulatory takings for utilities and municipalities.
  • Represented government attorneys and departments in high-profile Section 1983 and post-conviction proceedings.

Product Liability & Wrongful Death

  • Eliminated liability in multi-fatality fire case against a national retailer.
  • Secured summary judgment in aircraft defect litigation involving zinc-coated bolts.
  • Conducted successful pre-litigation defense investigations in catastrophic injury matters.

Probate & Fiduciary Litigation

  • Achieved favorable settlements in will contests and fiduciary malfeasance claims involving multimillion-dollar estates.
  • Recovered assets misappropriated from incapacitated individuals.

Other Notable Litigation

  • Defended and prevailed in Hague Convention child abduction case.
  • Obtained favorable outcomes in privacy torts, defective construction, and child abuse litigation.
  • Recovered over $1M in settlement for construction defects; prosecuted abuse claims on behalf of children harmed in a franchised daycare.

Recognition

  • Legal Elite of the Upstate, Greenville Business Magazine (2024)

The Best Lawyers in America – Commercial Litigation and Personal Injury Litigation – Defendants

Meet Walt Wilkins

Walt Wilkins was born and raised in Greenville, South Carolina. He graduated from Wofford College in 1996 and earned his law degree from the University of South Carolina School of Law in 1999.

Walt began his legal career as an in-house attorney for Lockheed Martin Aircraft in Córdoba, Argentina. In 2000, he returned to Greenville to join the law firm of Leatherwood, Walker, Todd & Mann, where he focused on civil litigation, criminal defense, and immigration law. During this time, he also served as an adjunct professor at Greenville Technical College and was recognized as the 2003 “Young Lawyer of the Year” by the American Board of Trial Advocates.

In 2005, Walt was appointed Assistant United States Attorney in the Greenville office, where he prosecuted a wide range of complex federal crimes. His work included one of the largest mortgage fraud cases in the district, a large-scale illegal gambling operation resulting in a major forfeiture, and a high-profile human trafficking case. He received multiple awards for his prosecutorial excellence, including the U.S. Secret Service Award for Outstanding Prosecution, the U.S. Attorney’s Award for Outstanding Prosecutor, and recognition for Outstanding Contribution to the Asset Forfeiture Program. Walt is also a permanent member of the 4th Circuit Judicial Conference.

On May 7, 2008, President George W. Bush appointed Walt as the United States Attorney for the District of South Carolina. He was confirmed by the U.S. Senate and became the state’s 49th U.S. Attorney. In this role, he served as South Carolina’s chief federal prosecutor and chaired the District’s Law Enforcement Coordinating Committee. His top priorities included violent crime, gang activity, and white-collar crime. Under his leadership, several of the most violent and organized gangs in the state were dismantled in collaboration with state and local law enforcement agencies.

In 2010, Walt was elected Solicitor for South Carolina’s 13th Judicial Circuit, serving Greenville and Pickens counties. Sworn in January 2011, he served three terms and remained in office until 2023, making him one of the longest-serving solicitors in state history. As Solicitor, he launched a number of key initiatives, including the Worthless Check Program, a Sex Crimes Prosecution Unit focused on crimes against children, and the expansion of the Juvenile Arbitration Program into Greenville County. He was appointed to the South Carolina Commission on Prosecution Coordination by Governor Nikki Haley.

In 2019, Walt helped launch the Greenville County Multi-Jurisdictional Drug Enforcement Unit (DEU) alongside Sheriff Johnny Mack Brown and local police chiefs. This initiative brought together multiple agencies to target drug crimes with the shared goal of creating a safer community for Greenville County residents.

Walt is widely respected for his leadership, legal acumen, and commitment to public service. He brings to Wilkins Davis a deep understanding of both the federal and state justice systems and decades of trial experience in some of the most complex and high-profile cases in South Carolina and beyond.

Walt is married to the former Donyelle Burton, and together they have three children.