Knowing when a crime becomes a federal issue compared to what had originally been treated as a state crime is crucial because it makes all the difference in the world during prosecution, the nature of the proceedings, and the potential penalties involved.
Federal Jurisdiction Over Crimes
Generally speaking, federal offenses are crimes that breach United States federal legislation. They are prosecuted under federal law rather than state law. A number of conditions may mean a crime is charged at the federal level:
Interstate or International in Nature – When a crime involves more than one state or even another country, it automatically falls under federal law. A good example would be narcotics trafficking across state lines or even cybercrimes crossing state lines into other state systems.
Federal Property or Officials – The victims of the crimes are federal property or officials, and therefore, federal prosecution is required. For example, robbery in a post office or assault against a federal law enforcement officer.
Federal Statutes – The U.S. Code defines certain types of crimes as federal crimes. Examples include violation of tax laws, immigration violations, and bank robbery; the banks are federally insured.
Complexity or Severity – Cases involving large-scale fraud schemes or crimes pertaining to terrorism, for instance, are prosecuted federally due to the complexity or the severity of the committed offenses.
Relevant Illinois And Federal Statutes
ILCS often complements federal statutes in defining and prosecuting criminal behavior, particularly in topics where jurisdiction can simultaneously be implicated, such as narcotics trafficking or weapons violations. An excellent example would be that the Illinois Controlled Substances Act, 720 ILCS 570/, punishes narcotics offenses committed within the state, but the Federal Controlled Substances Act, 21 U.S.C. § 841, addresses broader interstate narcotics distribution.
Federal Prosecution Considerations
The implications of this are grave. Federal agencies, such as the FBI, DEA, and ATF, boast huge resources at their command. Of course, the punishments meted out by federal agencies are equally extremely severe, with longer prison sentences, bigger fines, and imprisonment in a federal prison.
Frequently Asked Questions About Federal Crimes In Illinois
What Constitutes A Federal Crime And Not A State Crime?
A crime will be considered federal primarily when it violates U.S. federal laws, occurs on federal property, involves federal employees, spans across state or national borders, or national security is in question.
Can I Be Charged With Both Federal And State Crimes?
Yes, a person can be charged under both state and federal law for the same act without violating double jeopardy protections. This would occur where both state and federal laws have been violated.
In What Ways Does A Federal Criminal Process Differ From State Processes?
The common characteristics of a federal criminal process include more complex legal procedures initiated with investigations by federal agencies. They differ in the rules of procedure, sentences, and even the court itself.
What Should I Do If I Am Under Investigation For A Federal Crime?
You should immediately contact a federal criminal defense attorney if you believe you are being investigated for a federal crime. Quite often, early intervention by your attorney can prevent you from being indicted.
How Can Edward Johnson & Associates P.C. Help With Federal Criminal Defense?
Our firm has the necessary experience to handle all federal cases, from investigation through to trial and, if necessary, appeal. We develop a defense specific to the facts of your case, done so to achieve the best possible result.
What Are Some Of The Common Federal Charges That May Be Filed In Illinois?
Common ones in Illinois include drug trafficking, firearms offenses, fraud- what is referred to as mail and wire fraud- and immigration violations. Any of these crimes may fall under federal agencies, and they are prosecuted in federal courts.
What Are The Sentences For A Conviction In Federal Court?
Sentences upon convictions in federal courts greatly vary depending on the severity of the crime, any prior record of the defendant, and other factors. Generally, federal sentences are more severe than state sentences and can involve longer prison sentences, significant fines, and forfeiture of assets.
What Happens At A Federal Trial?
A federal trial generally is what takes place after an indictment by the grand jury. It involves a more formal procedure in federal district court where the case is argued in front of a federal judge and possibly a jury. The Federal Rules of Criminal Procedure govern federal trials and establish standards to be followed during the proceedings.
What Are My Rights If I Am Accused Of A Federal Crime?
If you are accused of a federal crime, then you have a number of constitutional rights, such as the right to remain silent, the right against self-incrimination, the right to an attorney, and the right to a fair trial. These are important rights to avail yourself of, along with consulting an attorney who can lead you through the process.
Is It Possible To Reduce Or Negotiate Federal Charges?
Similar to state charges, federal charges can sometimes be negotiated or reduced. It might involve plea bargaining, in which one pleads guilty to a lesser charge in return for a lighter sentence. A good federal defense attorney will work out such negotiations on your behalf and possibly minimize how the charges could affect your life.
Call Our Chicago Federal Criminal Defense Attorney To Defend Your Charge
If you or anyone you know is involved with a federal charge or any form of federal investigation, the need for experienced legal representation is paramount. Don’t fight federal charges by yourself. Contact our Chicago federal criminal defense attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation.
Our team is ready to provide the guidance and aggressive representation needed to tackle the challenges posed by federal indictment. Whether your matter is still under investigation or you have been charged, we can assist in attaining the most favorable result possible. Call us today and let us begin defending your freedom and future.