Courts
Federal
Federal criminal law is a very serious and complex body of law. It is distinguishable by the fact that the activity has been criminalized by the US Congress, rather than the individual States. A Federal crime will be investigated by the FBI, DEA, ICE, IRS, or any number of other Federal agencies. Because individual states maintain their own constitutions and sets of laws, many federal violations are also violations of state law. Defendants can be exposed to state and federal prosecutions for what appears to be the same offense. Although this rarely happens, it does not violate the double jeopardy clause enumerated by the 5th amendment of the United States Constitution. States continue to maintain a position of sovereignty and as such
may have different interests to serve.
There are 50 different sets of state laws, but federal law is consistent throughout the nation. Whether we walk into a federal courtroom in Houston, Texas, Los Angeles California or New York, New York the federal statutes, rules of procedure and rules of evidence are the same.
How do you know if you are being investigated or have been charged with a federal crime?
There are three main characteristics that may help indicate whether you are facing the state or federal system :
Investigating agency,Type of crime, and Court in which you appeared. Investigating Agencies If you have been arrested or questioned by the police at the city, county, parish or state level, this usually indicates that you are suspected of a state crime.
Federal law enforcement agencies frequently encountered by defendants are :
- Federal Bureau of Investigation ;
- Criminal Division of the IRS (CID) ;
- United States Secret Service ;
- United States Postal Service ;
- Drug Enforcement Administration ;
- Department of Homland Security; and
- United States Marshals Service.
- Fraud conducted through the mail (mail fraud);
- Fraud conducted over interstate telephone or fax lines (wire fraud) ;
- Public corruption ;
- Bank fraud;
- Securities fraud;
- Money laundering ;
- Tax crimes;
- Interstate Drug Sales;
- Trading with the enemy (export crimes) ; and
- Conspiracy to commit the crimes above.
About ninety-five percent of federal criminal cases are conspiracy cases. If you are being investigated for a crime that concerns many defendants who allegedly worked together on a particular scheme, chances are you are facing federal charges.
Federal Courts
Unlike state courts, which maintain a relaxed atmosphere, defendants appearing in federal court are immediately aware of the formality and unforgiving nature of the setting. If you recently had a court date and are unsure whether it was state or federal, chances are you appeared in state court. Federal judges are appointed by the President of the United States with Senate onfirmation and follow strict guidelines established by Congress on procedure and punishment. If convicted of a federal crime, a defendant will serve his or her entire sentence. Parole is not available in the federal system.
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It is possible for a state law enforcement agency to initially bring charges that are later taken over by a federal agency. Type of Crime Crimes falling within the jurisdiction of the federal government most often concern large amounts of money stolen or drugs sold, and involve crossing state lines. Crimes routinely prosecuted in federal courts are:
