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The Federal Landscape

The Federal LandscapeBy and large, most criminal charges filed each year are filed by the individual 50 states of the union, rather than by the federal government itself.  After all, the state governments are meant to be the most important organization level as far as day-to-day operations go, and because of this states are far more independent from the federal government than other states and provinces are in most other nations on the planet.

Still, there are times at which the federal government steps in and prosecutes a criminal case instead of one of the states.  These times include:

• An incident involving the death or injury of a public official

• Interference with the US Postal Service or another aspect of interstate commerce

• A crime committed on federal property

• A crime involving over $75,000 and citizens of two different states

• A refusal to follow federal regulations, such as evading federal taxes or not complying with federal safety standards.

Federal criminal cases use an entirely separate court system from those used by each individual state, and that means they have different judges, different prosecuting attorneys, and that cases are tried using different laws and a different set of precedents.  Even the enforcement agents are different, as you’ll see FBI agents in place of police officers and state troopers.

Because of all of these differences, and because the stakes are often higher when the federal government gets involved, it’s important to make sure that your defense counsel is aware of the distinctions between a state and federal trial.  Nothing could be more problematic than having your attorney refer to a case which doesn’t apply or else ask for an exception which a federal judge won’t grant.

Fortunately, there are a number of law firms which understand the fine distinctions between federal and state courts.  If you live in Suffolk County on Long Island, New York, you should try contacting the Law Office of Naiburg, Obedin, and Weissman.  Our lawyers are fully up to date on the latest developments in federal law, and we’ll provide you with the best criminal defense you could ask for.