Many people are unaware that California has two separate criminal justice systems: a state and a federal system. Investigators, prosecutors, judges, courts, and even prisons are all dedicated to federal offenses. The great majority of criminal accusations and trials, however, are brought by the state.
You may risk severe prison time if you are the focus of a federal inquiry. Federal accusations are serious, so keep reading to learn more about them and how to defend yourself. Then contact Chambers Law Firm at 714-760-4088 to request a consultation with a federal criminal defense lawyer in Aliso Viejo CA.
What Constitutes a Federal Offense?
The United States Code, a list of all the laws approved by the United States Congress, lays out federal offenses. California state criminal law, on the other hand, is codified in the Penal Code of California. The state legislature in Sacramento has passed this code.
Despite the fact that the federal and California criminal codes are identical, federal offenses are more focused on certain areas, especially crimes that occur across state borders. There are several varieties of federal fraud, including bank robbery, fraud committed through the internet, insurance fraud, accounting fraud, and others.
Crimes committed on government land or property are charged as federal offenses, as is tax evasion. Terrorism, trafficking in narcotics, crimes involving imports and exports, and immigration crimes are all generally charged at a federal level. The penalty for federal prosecutions, particularly for drug offenses, can be more severe than analogous state legislation.
Who Is in Charge of Enforcing Federal Laws?
California’s state laws are enforced by the California Highway Patrol, the California Bureau of Investigation, and county and municipal sheriffs and police agencies. The federal government, too, has its own law enforcement agencies, such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the National Security Agency (NSA), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is a federal agency that regulates alcohol, tobacco, firearms, and explosives (ATF).
Other federal branches include the Securities and Exchange Commission (SEC), which regulates the financial markets, the Department of Homeland Security which is in charge of security in the United States, and the TSA (Transportation Security Administration) is a federal agency.
Several of these law enforcement organizations will frequently work together with local police in a task team to handle specific wrongdoing.
A United States Attorney (or, more commonly, an Assistant United States Attorney) will file the charges and prosecute the case if you are accused with a federal offense. Your federal criminal defense lawyer in Aliso Viejo CA will need to talk to their office about prospective plea bargains. Any trial will take place in front of a federal judge or magistrate in federal court.
Any term imposed after a conviction will be served in a Federal Bureau of Prisons facility. Additionally, if a court offers you probation rather than jail time, the federal government has its own probation programs. Instead of dealing with a California probation official, you’d have to report to a federal probation officer and follow all of the federal probation procedures.
Can You Face Both Federal and State Charges for the Same Crime?
You might face state and federal charges coming from the same incident, depending on the claims leveled against you. You may face federal accusations of wire fraud, money laundering, and tax evasion if you committed a long-running scam, for example. California, on the other hand, may prosecute you for tax evasion if it is specifically connected to you evading state taxes.
If you face federal accusations your freedom is in peril due to the federal government’s massive resources and the fact that federal offenses often carry harsher penalties. You’ll need a federal criminal defense lawyer in Aliso Viejo CA like Chambers Law Firm. To schedule an obligation-free first consultation, call 714-760-4088 or email dchambers@clfca.com.
