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:
1. Federal Bureau
of Investigation;
2. Criminal Division of the IRS (CID);
3. United States Secret Service;
4. United States Postal Service;
5. Drug Enforcement Administration;
6. Department of Homland Security; and
7. United States Marshals Service.
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:
1. Fraud conducted through
the mail (mail fraud);
2. Fraud conducted over interstate telephone or
fax lines (wire fraud);
3. Public corruption;
4. Bank fraud;
5. Securities fraud;
6. Money laundering;
7. Tax crimes;
8. Interstate drug trafficking;
9. Trading with the enemy (export crimes); and
10. 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 confirmation 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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