Federal Lawyers Dallas

Federal Crimes vs. State Crimes
The state prosecutes the vast majority of crimes for violations of state law. Yet, Congress defines and penalizes conduct that constitutes crimes at the federal level, just as state lawmakers do at the state level. Federal criminal statutes must be linked to a federal or national concern, such as interstate contraband trafficking, federal tax fraud, postal fraud, or crimes committed on federal land. Some offenses are only punishable under federal law. Yet, many crimes, such as bank robbery and kidnapping, are offenses under federal and state law and can be prosecuted in either federal or state courts. Federal Lawyers Dallas will entangle the discrepancies between them; that is why we encourage you to keep reading.

Criminal Lawyer Dallas TX

Federal Authority Federal Lawyers Dallas explains that murder, robbery, burglary, arson, theft, and rape are just a few of the crimes that come to mind. State legislators have utilized their general police power to restrict the behavior, and the state has jurisdiction and decision-making authority over the case.

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There are fewer types of federal crimes because, unlike state legislators, who can pass almost any law subject to judicial review for constitutionality, federal legislators can only adopt regulations where a federal or national interest is at stake. Counterfeiting US currency, for example, is a federal violation because it is the federal government's responsibility to print money.

The term "federal interest" is thrown about a lot in practice. The following offenses are under the jurisdiction of the federal government:

  • A murder in a national forest or on an Indian reservation, a theft on a military post, or an assault on a Drug Enforcement Agency (DEA) agent are all examples of crimes on federal land or involve government personnel.
  • Federal tax fraud, Medicaid fraud, or Small Business Administration loan fraud are examples of crimes involving fraud, deception, or misrepresentation against the federal government or one of its agencies.
  • A crime in which the defendant crosses state lines, such as a kidnapping victim being transported from New York to New Jersey.
  • An Internet fraud operation that has victims and offenders in numerous jurisdictions is an example of a crime that crosses state lines.
  • Importing child pornography or international human trafficking are examples of immigration and customs offenses.

State and Federal Procedure Disparities

The contrasts between state and federal criminal prosecutions are numerous. The president appoints federal judges for life, whereas state court judges, including those chosen by the governor, must run for re-election. Assistant United States Attorneys prosecute federal offenses, and federal officers such as FBI, DEA, and ICE agents investigate them. County sheriffs, state agents, or local police officers investigate state crimes, which state district attorneys or city lawyers prosecute. As a general rule, matters in federal court take longer to resolve because there are considerably fewer federal charges, Federal Criminal Defense Attorneys explicates.

State and Federal Court Prosecutions

There are no constitutional barriers to prosecution in both state and federal court for the same criminal act if it violates both state and federal law, albeit this does not happen very often. What about the Clause of Double Jeopardy? While the constitutional restriction on double jeopardy typically prevents someone from being tried twice for the same offense, there is an exception for "independent sovereigns." The Double Jeopardy Clause does not apply since the state, and federal governments are separate.

Federal Criminal Lawyer in Dallas states that four Los Angeles Police Department officers were acquitted of beating Rodney King during a traffic stop by a jury in California state court in 1992. Two officers were convicted after federal prosecutors charged them with breaching King's constitutional rights.

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Federal Lawyers Dallas is at your disposal for your defense if you think you have committed a federal crime. Call or visit us and communicate your worries for a free consultation.


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