Federal Crimes — What Are They, and How Are They Handled?
State and federal crimes can differ greatly, and can be handled differently. Usually, when a crime violates both state and federal laws, a decision needs to be made on which court it will be tried under. An Central Florida Criminal Defense Attorney, at The Defense Group, with experience in both types of cases can be a valuable asset in this situation, being able to lend their experience no matter what the outcome.
“A Federal Crime is a crime, which is literally one which is prohibited by an Act of Congress. It is possible to have one action violate both a State Crime and a Federal Crime. It’s called a dual sovereignty. The United States is a sovereign entity. The State of Florida is a sovereign entity. Ordinarily either one or the other will prosecute it. Usually it works like this; if the Feds take it, the State leaves it alone. If the Feds abandon it to the State, the State makes its own decision whether to prosecute or not. A Federal Crime is literally just that, it’s one which is against the law throughout the United States and may or may not be against the law in Florida.”
There may be circumstances where an offense, ordinarily charged as a state crime can become a federal offense by virtue of where it occurs. Examples are offenses that occur on federal properties. Federal courthouses, post offices, military installations, and even properties that are part of the federal park system. Many offenses (such as trespassing, assault, battery, disorderly conduct, DUI and others that occur on federal property can often result in a citation before a U.S. Magistrate.
Regardless of the jurisdiction, if you or a loved one is arrested, you should immediately call an experienced criminal defense attorney with The Defense Group to discuss your options.
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