The legal system is known for its complexity, and one of the most complex aspects is the interaction between state and federal laws. In New Jersey, many crimes fall under state law, but some might be charged at the federal level under certain circumstances.
While there are multiple differences between state and federal law, there are several key differences you should understand when it comes to criminal charges. First, there is a difference in which authorities have jurisdiction over state and federal charges. In federal cases, federal authorities, like the FBI, will investigate, and federal prosecutors will handle trials. Next, penalties and sentencing are often harsher in federal criminal trials. Finally, trial processes and legal procedures differ, and you may encounter hearings in federal court that do not exist at the state level.
Whether you are charged with state or federal crimes, contact our New Jersey criminal defense lawyers for a free case review by calling the Law Offices of John J. Zarych at (609) 616-4956.
What Are Key Differences Between New Jersey Criminal Law and Federal Laws?
Criminal charges are tricky at the best of times. When there is a question of whether your charges should be charged at the state or federal level, you might feel completely overwhelmed.
Jurisdiction
The biggest difference between state and federal criminal charges is jurisdiction. State criminal charges involve violations of state laws, while federal criminal charges involve violations of federal laws. Unfortunately, the distinction between these charges is not quite this simple.
When a crime involves federal violations, the federal government and authorities may have jurisdiction. This means that state or local authorities who might have started the investigation must hand everything over to federal authorities, like the FBI.
Similarly, federal criminal trials are not prosecuted by District Attorneys from the state or county. Instead, federal prosecutors who handle only federal crimes handle the case, and they often have more financial resources than state authorities.
Penalties and Sentencing
Penalties and sentencing also differ between state and federal criminal charges, sometimes quite significantly. State criminal charges may be sentenced according to New Jersey Sentencing Guidelines. Meanwhile, federal crimes are subject to the Federal Sentencing Guidelines.
Federal Sentencing Guidelines often allow for harsher penalties because the outcome of federal cases may have nationwide implications. As such, federal authorities are more keen to punish convicted defendants. Defendants often face longer prison terms and much higher fines.
Trial Processes and Procedures
In a federal trial, certain procedures and hearings differ significantly from those in state trials. One example is pretrial hearings.
Federal criminal trials require a grand jury hearing, where a grand jury of 23 people decides whether there is enough evidence to move forward with the charges. If the grand jury believes sufficient evidence exists, they may return with a formal indictment. This is why you often hear about federal criminal defendants being indicted, but the same does not go for state criminal defendants.
Rather than grand juries, some state-level trials, usually those involving felonies, have preliminary hearings in which prosecutors must prove that sufficient evidence exists to move forward with the charges, but there is no jury. Instead, the judge at the preliminary hearing makes these decisions. Not only that, but defendants are allowed to waive the preliminary hearing and move on to the next step.
How Do I Know if I am Facing State or Federal Criminal Charges in New Jersey?
It is not always clear whether a defendant will be charged with federal or state crimes. Sometimes, even law enforcement and prosecutors are unsure. Whatever happens, you need to hire a lawyer immediately.
Categories of Criminal Offenses
While many crimes may be federal or state offenses, certain types of criminal charges are more commonly handled at the federal level or are exclusively federal matters.
For example, common charges for things like theft, assault, or even murder are usually handled by the state. Crimes involving federal agencies, such as mail fraud involving the U.S. Postal Service, white-collar crimes, and bank robbery, are almost always federal offenses.
Most crimes committed within New Jersey are likely to be charged and prosecuted at the state level. However, certain circumstances may draw federal attention. Our New Jersey criminal defense lawyers may help you determine if your case could go to federal court.
Crossing State Boundaries
A surefire way to get the attention of federal authorities is to take a criminal offense on the road. If a particular crime or criminal scheme involves crossing state lines or cooperation with people across multiple states, the crime may quickly become a federal matter.
States only have jurisdiction over crimes that occur within their borders. If a crime is started in New Jersey but completed in Pennsylvania, which state has jurisdiction? Can both states prosecute? The answer is that the federal authorities usually take over.
Severity or Magnitude of the Alleged Crime
Serious crimes are often charged at the state level, but they sometimes catch the attention of federal law enforcement. Crimes that are especially heinous or severe, or those tied to organized crime, could be charged and tried at the federal level. Generally, crimes that cause significant harm are more likely to result in federal charges.
FAQs About How Federal Criminal Law Differs from New Jersey State Law
Are Federal Crimes More Serious Than State Crimes?
Yes and no. While federal criminal charges often lead to harsher penalties, they are not always more severe than some state crimes. For example, a person charged with murder may be prosecuted by state authorities, while someone charged with a non-violent, white-collar crime will face federal charges. However, especially severe cries that cause significant harm may be more likely to attract attention from federal authorities.
Why Would a Crime Be Tried in Federal Court Instead of New Jersey State Court?
A crime may be a federal offense rather than a state-level offense for multiple reasons. Some crimes fall into categories of offenses that are almost exclusively handled at the federal level, such as terrorism. Others might start as state-level offenses, but if the defendants cross state lines and multiple states are involved, it becomes a federal case.
How Do I Know if a Crime is Charged at the Federal or State Level?
You might not know whether you face state or federal criminal charges until after you are taken into custody. State authorities may arrest you before turning the case over to federal law enforcement. It is also possible that federal agencies, like the FBI, are already on the case. Your attorney can help you understand the charges and what happens next.
Are Federal Trials Different from State Criminal Trials?
Yes. Federal trials often involve hearings and proceedings that differ from state-level trials. For example, grand juries and indictments are unique to the federal system, although similar hearings, such as preliminary hearings, may be held in certain New Jersey state court trials.
Can Criminal Charges Be Charged by Both the State and Federal Authorities?
Yes. It is legally possible for New Jersey and the federal government to separately prosecute one defendant for the same offense. This is referred to as the doctrine of dual sovereignty. Since states and the federal government are separate sovereign entities, each may prosecute an offense if it breaches both federal and state law. This is not considered a double jeopardy violation.
Ask Our New Jersey Criminal Defense Lawyers for Help with Your Charges Immediately
Whether you are charged with state or federal crimes, contact our Atlantic City, NJ criminal defense lawyers for a free case review by calling the Law Offices of John J. Zarych at (609) 616-4956.
