When Does a Crime Fall Under Federal Prosecution?
Supposedly, you are held for committing a crime.
Now, you may face one of these two consequences-
- Your case might move to a state court, or
- Your case might move to the federal court
It all depends on which jurisdiction has the crime being committed. Some crimes become purely state matters for which you may need to face a state prosecutor in the local state court.
But, you must also keep in mind that there also exists jurisdiction for federal courts across the U.S! So, there might be times when a crime can be to a federal crime, and as a result, it goes to federal court.
Then again, there are certain criminal conduct that violates the state, as well as the federal law. In such cases, state and federal prosecutors may engage in plea negotiations to determine the charges against you.
If you happen to face federal charges, keep in mind that your case will move to a federal court. And when that happens, don’t forget to hire a Pittsburgh criminal lawyer from our firm!
How does a Crime become a Federal Affair?
In cases of situations when the nature of the crime elevates the offense to a federal level, it becomes a federal affair.
That being said, let’s take a look at the ways in which a crime comes under the federal court-
When a crime violates federal laws
Out of the many types of crimes that exist, some violate state laws, as well as federal laws. Now, if you have been charged with such a crime, prosecutors from both ends might discuss which entity would move forward with the charges. Generally, the federal body wins such arguments.
Also, if the crime you committed is a federal offense, your case will automatically move to federal court.
When the crime is investigated by federal agents
If the investigation of a crime is conducted by the Federal Bureau of Investigation (FBI) or the Drug Enforcement Agency (DEA), the case IS GOING to a federal prosecutor, and not the state one.
If the crime has been committed in a federal jurisdiction
If the place where you committed the crime falls under the federal jurisdiction, like a national park, rest assured that your case is moving to the federal court.
If you have crossed state borders
Now, in your course of criminal action, if you happened to have crossed one or more state borders, you will be prosecuted in the federal court. Why so?
Because the moment a crime occurs in more than one state, it affects interstate commerce. And interstate commerce happens to fall under federal jurisdiction.
What’s more surprising is, you don’t even need to cross the borders physically! If you have committed crimes against victims from different states via the internet, it counts as crossing state borders! And such matters can get very complicated with time, which is why you need the assistance of a Pittsburgh criminal lawyer.
If the crime involves an informant
If you had an informant as your partner-in-crime, and the person informs on you to a state or federal officer, the entire offense becomes a federal matter.
What Can You Do if You’re Being Prosecuted in Federal Court?
You may not know this, but federal penalties are harsher than the state ones. So, if you have been caught by federal authorities, make sure to seek legal help immediately.
At the Logue Law Group, our experienced Pittsburgh criminal lawyers can turn any case in your favor! Just make sure to call us at 844.PITT.DUI and book a free consultation today!