If you are new to federal charges, it can be important to understand the differences between state and federal courts. Both have their own sets of laws and sometimes those laws conflict. Both have different rules regarding jurisdiction and procedure. And these differences can sometimes help build a strong defense to a criminal matter if you have been arrested in Oklahoma.
Jurisdictional Differences for Federal Charges
Jurisdiction, the right to hear a case, can have aspects of both physical and legal issues. For many state and local criminal matters, where you are arrested dictates where your criminal matter will be handled.
For example, if you are arrested in Tulsa on a shoplifting charge, that is a violation of Oklahoma state law. You will be charged and the matter handled in the Oklahoma county court in which the crime occurred.
But if you are arrested in Tulsa for a violation of federal law such as a firearms violation or an immigration violation, your matter will be handled by the local federal district court, and federal law will govern. You will consequently receive a federal indictment in Tulsa for the crime.
Federal jurisdiction extends to a crime when that the crime occurred on federal or Indian land; involved federal officers; in cases in which the defendant crossed state lines such as in a kidnapping; where the crime occurred across state lines such as those involving the internet; or a case that involved immigration or particular federal regulations such as firearms regulations.
Federal crimes are investigated by federal agencies such as the FBI, the DEA, ATF, ICE, or the IRS.
Many matters are handled exclusively in federal courts. Federal courts handle matters that are exclusively under federal law such as interstate commerce, copyright, patent, antitrust, and some maritime matters. In those cases, federal law will always prevail.
But federal and state courts also have laws over some very similar areas such as sex offenses, child pornography, and fraud. In that case, there may be a conflict over law and jurisdiction.
The question then is whether the state or federal government files charges. While one may defer to the other, both may file charges.
Conflict of Laws Issues
While this can be a complicated subject, it is important to understand. There are times when federal and state law are in direct conflict with one another. The Supremacy Clause of Article 6 of the U.S. Constitution provides that federal law is superior when there is a conflict.
This means that federal law usually governs. However, in reality, often either the state defers to the federal government or the federal government defers to the state government.
Federal prosecutors can opt to file or decline to file federal charges in situations where both have laws that apply to the case at issue Both sovereigns — the state and the federal government — may press charges for the same crime and not be in violation of the constitutional prohibition on “double jeopardy.”
Double jeopardy prevents the same sovereign from prosecuting a person twice for the same crime. The state and the federal are separate sovereigns. Thus, both can bring charges for the same crime in certain circumstances.
Sentencing for Federal Charges in Oklahoma
In federal court, judges must adhere to federal sentencing guidelines. These sentencing guidelines are often harsher than state sentencing might be for the same or a similar crime.
Federal courts tend to have a high conviction rate and a high incarceration rate. Once sentenced, an offender will serve their time in federal prison. And there are strict terms and conditions for an offender released from prison.
Federal charges are serious, and you want serious help if you are facing them. Get help from a Tulsa federal criminal defense attorney today.
Free Consultation: Tulsa Federal Criminal Lawyers
Get the help you need. It’s time to retain a Tulsa criminal defense lawyer who is knowledgeable regarding federal law and procedure and who will look out for your legal interests. Contact a Tulsa criminal attorney at Tulsa Criminal Defense Law Firm today for a free, confidential consultation.
A Tulsa defense attorney can advise you on how the process works and offer answers to your specific questions. To begin your free consultation, call 918-256-3400 now.