It’s possible that many individuals are unaware that California has two distinct federal and state criminal court systems. Investigators, prosecutors, judges, courts, and even prisons are all specifically designated for federal offenses. The majority of criminal accusations and trials, however, are based on state laws.
You might spend a large amount of time behind bars if you are the focus of a federal inquiry. Read on to learn more about federal charges and how to defend against them because they are not something to take lightly. Then contact Chambers Law Firm at 714-760-4088 to speak to a criminal defense attorney who will fight for you.
What is a Federal Crime?
The United States Code, a list of all the laws passed by the United States Congress, defines federal offenses. The Penal Code of California, on the other hand, contains extensive information about California state criminal law. The Sacramento state legislature has adopted this code.
California law may be identical to federal law, but federal offences are more concentrated in specific areas, such as:
- Crimes that cross state lines
- Various types of fraud, including:
- Bank fraud
- Wire fraud
- Securities fraud
- Health care fraud
- Accounting fraud
- Internet fraud
- Crimes that occur on federal property or land
- Tax crimes
- Terrorism
- Drug trafficking
- Import/export crimes
- Immigration
The penalty for federal prosecutions, particularly for drug crimes, may be more severe than those under comparable state statutes.
Who Punishes Federal Offenses?
State laws are enforced in California by the California Highway Patrol, California Bureau of Investigation, county and local sheriffs, and police forces. In a similar vein, the federal government has its own law enforcement agencies, such as:
- The Federal Bureau of Investigation (FBI)
- The Drug Enforcement Administration (DEA)
- The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
- The Secret Service
- The Security and Exchange Commission (SEC)
- The Department of Homeland Security
- The Transportation Security Administration (TSA)
The local police and more than one of these law enforcement agencies frequently work together in a task force to combat a particular type of criminality.
If you are accused of a federal crime, the charges will be brought and the case will be prosecuted by a United States Attorney (or, more likely, an Assistant United States Attorney). Your defense attorney will have to speak with their office about potential plea deals. A federal judge or magistrate will preside over any trial in federal court.
Any term imposed after a conviction will be carried out at a facility run by the Federal Bureau of Prisons. If a judge decides to sentence you to probation rather than jail time, the federal government also offers its own probationary services. Instead of communicating with a California probation officer, you would be required to report to a federal probation officer and adhere to all federal probationary requirements.
Can You Be Charged in Both Federal and State Courts?
You may be subject to separate state and federal charges arising from the same occurrence, depending on the allegations made against you. For instance, you can be charged with wire fraud, money laundering, and tax evasion on a federal level if you engaged in a protracted fraud. However, California may also bring charges against you for tax evasion directly related to your failure to pay state taxes.
Your freedom is seriously at peril if you are charged with a federal offense in Los Angeles, California since the federal government has extensive resources and federal crimes often result in more severe punishments. You will require a skilled and committed criminal defense group, such as the lawyers at Chambers Law Firm. Call us at 714-760-4088 or email us at dchambers@clfca.com to arrange a free initial consultation.
