State Versus Federal Criminal Charges

When a person is accused of committing a crime, they can face charges under state or federal law depending on the particular circumstances of the case. In a state criminal case, a person is arrested for a specific criminal offense under Florida law and then charged with that offense under the Florida Statutes and will go to trial in a state court. In a federal criminal case, the process works similarly, but instead of facing charges under a state criminal statute, the person faces charges under a federal criminal statute and their case will go through federal court. What determines whether a person faces state or federal charges?

The answer to this question can sometimes be confusing since there are many overlapping state and federal criminal statutes — in other words, a person may be charged under state or federal law for a particular offense. In some cases, you may ultimately face charges under both state and federal law. Yet how is this determined? Our Tampa criminal defense lawyers can explain in more detail.

Factors Influencing a Federal Criminal Charge 

Whether or not a person will face federal criminal charges depends on whether they are accused of violating a federal law. There are a wide range of federal criminal laws, including criminal laws prohibiting violent crimes and offenses like drug trafficking, as well as those related to white-collar offenses such as bank fraud or wire fraud. Yet just because you are suspected of committing an offense that could be charged under federal law does not necessarily mean that you will be.

The first factor that often determines whether federal charges are brought is whether a federal investigative agency is involved in the investigation, such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA). Then, if the alleged criminal activity involves something known as “interstate commerce” — in effect, any part of the alleged activity that involves crossing state lines, which includes any use of the internet, mail system, shipping and delivery across state lines, and more — federal charges are likely to be brought.

It is important to know that, just because you are facing federal criminal charges does not mean that you cannot also be tried for a related offense in state court and under the Florida Statutes. There are various circumstances in which both state and federal prosecutors have jurisdiction, so it is important to understand all of the details of the charges that have been or are likely to be brought against you.

Contact Our Tampa Criminal Defense Lawyers for Assistance with State or Federal Charges You Are Facing

When you are facing federal criminal charges, it is crucial to have legal counsel with experience handling federal criminal defenses. Given that these cases are brought in federal court and prosecuted by the US Attorney’s Office (rather than in state court and under state rules), it is essential to have a defense attorney who has handled cases similar to yours before and can build a strong defense that is tailored to the facts of your case and the jurisdiction in which you are facing charges. One of the experienced Tampa federal charges defense attorneys at the Law Offices of Daniel J. Fernandez, P.A. can discuss the details of your case with you today and can begin working with you on your defense strategy.

Source:

justice.gov/usao/justice-101/steps-federal-criminal-process