Some crimes (including crimes related to firearms, drugs, identity theft, child pornography, white-collar crimes, and bank robberies) can be prosecuted at the state or federal level. Criminal conduct often falls under the jurisdiction of state and federal laws. Take drug trafficking as an example. If someone brings illegal drugs into the U.S.
UU. ,From abroad, federal laws that cover international drug trafficking come into play. But if that person intends to distribute those drugs in a particular state, they have also broken state drug laws. In those cases, not only is it possible, but both federal and state prosecutors are likely to be interested in the case.
Federal criminal cases are often reserved for crimes that transcend state boundaries or that directly violate federal laws. These include crimes such as drug trafficking, terrorism, human trafficking, and white-collar crimes, such as fraud and embezzlement. If you have been charged with a crime, such as white-collar crimes or drug trafficking, contact our Indianapolis drug trafficking attorneys today. Jurisdiction refers to the authority of a court to hear and decide a case.
Broadly speaking, federal courts have jurisdiction over federal crimes and state courts have jurisdiction over state crimes. However, some types of conduct qualify as state and federal crimes. Or a crime can continue from one state to another. What court has jurisdiction to hear these types of cases? However, when multiple jurisdictions intervene, dual criminality no longer protects you. Instead, he is considered to have committed separate crimes.
Federal law provides very weak protections against a defendant who faces charges in state and federal court for the same conduct. In the federal system, the federal government can bring criminal charges against a defendant who has already been convicted of a state crime for the same conduct. The Department of Justice has guidelines that discourage prosecutors from bringing charges against a defendant who has already been charged in the state system, but there is no absolute prohibition on the federal government's ability to do so. In addition, federal prosecutors in Philadelphia have recently begun to routinely ignore these guidelines because of political disagreements between the Office of the United States Attorney for the Eastern District of Pennsylvania and the Office of the District Attorney of Philadelphia regarding the severity with which certain defendants should be punished after being convicted.
The federal prosecution of defendants who had previously been charged in the state system is now increasingly common. In some cases, crimes that violate state and federal laws can be prosecuted at both the state and federal levels, although federal authorities may assume primary jurisdiction in serious cases. In fact, a crime can be prosecuted in both state and federal courts under the doctrine of dual sovereignty. This legal principle recognizes that when a crime violates state and federal laws, each jurisdiction has the authority to prosecute the crime independently. As a result, a person may be subject to separate legal proceedings in state and federal courts for the same criminal act, without being considered double incrimination.
Defendants found guilty in federal court usually appeal to the United States appellate courts in their respective circuit. However, since federal law enforcement was trying to arrest Roman for a serious drug crime, they also claimed jurisdiction. We are proud to be defense attorneys for defendants across the United States and are licensed to practice in all federal courts. For example, drug trafficking in significant quantities or firearms-related crimes often entail the imposition of mandatory minimums, making it difficult to seek leniency options or alternative sentencing without a strong legal defense.
Some attorneys practice in state and federal courts, while others may practice only in one or the other. Unfortunately, the Court has already decided the Gamble case, and the Court voted 7 to 2 to defend the concept of dual sovereignty, which, for criminal law purposes, allows both the federal and state governments to prosecute a defendant by the same crime. State and federal prosecutors play critical roles in the criminal justice system, but their approaches and strategies may differ significantly. The connection to interstate commerce, which is regulated by the federal government, may be a justification for assigning federal jurisdiction to certain criminal cases.
Both states and the federal government have the power to prosecute individuals for criminal offenses, and each has its own independent judicial system. The principle of federalism allows for a certain degree of fluidity and cooperation between state and federal systems, but it also requires a clear understanding of the rules governing jurisdictional precedence to ensure fair and efficient legal procedures. While state crimes are prosecuted by state district attorneys or municipal prosecutors, federal prosecutors deal with cases that violate federal laws. These guidelines reduce the judge's discretion in making judgments and make federal penalties generally more severe than those applicable to comparable state crimes.
The federal criminal appeals process operates within a distinct legal framework, separate from the state system. Pennsylvania law provides much stronger protections against being tried twice for the same conduct than federal law.
