The United States Government and each state have the ability to enact laws and then prosecute violators of those laws. This is legal under the dual sovereignty doctrine, and when the law enacted does not violate the U.S. Constitution or the constitution of the state enacting the law. This is why every state has different laws regarding how to prosecute the same crime. One type of criminal activity might not be illegal once you jump over state lines, such as owning a firearm or purchasing fireworks. But with a federal law, it doesn’t matter where you live, because it is a law that governs all people in the U.S. Because of these reasons, federal and state charges have very different legal proceedings and things you need to know, so for more information visit bajajdefense.com.
Concurrent Jurisdiction
Because both federal and state courts share jurisdictions over some crimes, the agencies and attorneys involved can decide whether or not the case should be heard in a federal or state court. But the Fifth Amendment protects you from being prosecuted for the same crime in both courts, known as double jeopardy. But if you are acquitted of state charges then you can still face a conviction in federal court. This is why you need to hire a defense attorney right away.
Differences In Prosecutions
Because states have the power to enact their own laws, federal laws mainly address issues of national interest. It is in the national interest to stop human and narcotics trafficking and federal tax fraud, for example. Occasionally a state law will be questioned and make its way up to the Supreme Court, but it does not make it a federal law.
There are some crimes that are prosecuted at both the state and federal levels, such as aggravated robbery. Because of the use of a dangerous weapon the crime becomes more serious. Federal laws also prohibit white-collar crimes, such as money laundering, bribery, and employment discrimination. Even though these two are different in many ways, federal laws follow the same legal procedures.
Federal Criminal Prosecutions
The first main difference is that the judges for federal courts are appointed for life by the president. Federal crimes are prosecuted by Assistant U.S. Attorneys and can involve any of the following agencies in the investigation:
- Federal Bureau of Investigation
- S. Immigration and Customs Enforcement
- Bureau of Alcohol, Tobacco, Firearms, and Explosives
- Drug Enforcement Administration
- Internal Revenue Service
- Secret Service
State Criminal Prosecutions
State judges appointed by the governor must run for re-election in order to continue to serve on the bench, which is one of the first differences between federal and state crimes. These types of crimes are typically prosecuted by city attorneys and state district attorneys. Instead of being investigated by government agencies, these crimes are usually investigated by state agencies, or local police and sheriffs’ departments.
Statistics
According to the Bureau of Justice Statistics, 3 out of 4 convicted felons studied in 30 different states committed another felony within 5 years.
Call A Defense Attorney
If you are facing state or federal criminal charges, then you will need an experienced defense attorney. That is your only chance to possibly be acquitted or have your charges reduced. The prosecution will be aggressive, but with a strong defense attorney, your chances improve of having a favorable outcome in court.
