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Federal & State Crimes

When someone commits a crime, they will face either federal or state charges.  This is because the United States constitution allows states to govern themselves.  Within the context of federal laws, states can set up their own governing structures.  This is why people may commit the same crime in different states yet face different consequences.  Though there are some crimes that are governed by federal statues, local state laws and govern many crimes and state statutes will dictate penalties for those crimes. 

Sometimes both state and federal laws are in effect for a crime.  When both state and federal law regulate a crime, the federal law has the greatest impact.  If there is an issue between both federal and state law, the federal law will be enacted.  Many times, a federal ruling will override a state ruling.  When a crime has been committed, it is imperative that the issue of whether it was a federal or state crime is fundamentally important.  A criminal defense attorney will need to first determine whether the defendant has committed a federal or state crime in order to course out their strategy of defense.

The difference between federal and state crimes is also of great importance when a crime has been committed that involves several states.  Because different states have different rulings and laws, it is imperative to understand the federal ruling or jurisdiction in a case.  Many times, a crime will be subject to both federal and state rulings at the same time.

If you have been charged with a crime and are seeking the advice and counsel of a criminal defense attorney, you will need to ensure that the attorney will be able to defend you in both state and federal court.  Some criminal attorneys are experienced at only federal cases; others serve only in state cases.  If you need the counsel of both a federal and state criminal attorney, make sure to contact a lawyer who has experience in both courts.

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