Federal Crime FAQ
What is the difference between a federal and state crime?
A federal crime is a violation of a statute passed by the United States Congress. A state crime is a violation of a statute or ordinance passed by the state legislature or a local authority. Usually the federal crime addresses criminal activity or a more national concern. Although, in recent decades the federal government has become increasingly involved in prosecuting drug and violent crimes, areas once left almost exclusively to the states. Many crimes are prosecutable in both state and federal courts.
Who investigates and prosecutes federal crimes?
For the most part, federal criminal offenses are investigated by agents of federal agencies such as the FBI, DEA, ATF, Secret Service and others. Occasionally, state law enforcement officers work in conjunction with federal agencies. Federal crimes are usually prosecuted by the United States Attorney's Office for the area where the crime occurred. Sometimes a prosecutor for the United States Department of Justice, or from an agency such at the Environmental Protection Agency will participate in a federal prosecution.
If I am charged with or under investigation for a federal offense do I need a "federal" criminal defense lawyer?
In order for a lawyer to represent you in a federal criminal matter he or she must be licensed to practice in the federal court where the case is pending or must receive permission of the court to practice there on a one time basis. Additionally, the federal criminal justice system is drastically different than the state system. It is important that your lawyer have experience in federal court so that he or she can effectively represent you.
If I am under investigation for a federal offense but have not been charged should I contact an attorney?
You should contact an attorney immediately. You have important rights during the investigation that should be protected. How you proceed at this state may drastically affect the ultimate outcome of your case.
If you have further questions about federal crimes, contact a Los Angeles Federal Criminal Defense Lawyer at Kestenbaum, Eisner & Gorin today!