Most people arrested for criminal conduct face state charges. Local law enforcement professionals arrest them, and they face charges in county court. However, sometimes criminal activity leads to federal prosecution.
There are a handful of circumstances that might lead to federal criminal charges rather than state charges. Any of the three circumstances below might put someone at risk of federal prosecution. They may then have a much more complex process ahead if they hope to defend against those pending criminal allegations.
What factors increase the likelihood of federal prosecution?
The use of federal infrastructure
Many charges fall under federal jurisdiction because the crimes involve federal infrastructure. Wire fraud is a perfect example. Parties attempting to trick others into fraudulent investment schemes might send solicitations via email or call people on the phone. The use of telecommunications systems is part of what often makes wire fraud a federal offense. Similarly, criminal activity that uses the Postal Service may be subject to federal prosecution due to the involvement of federal infrastructure in the criminal activity.
Offenses that cross state lines
Sometimes, individuals cross state lines to take advantage of more lenient regulations in another state. They might transport drugs from one state to another to take advantage of legalization or decriminalization statutes. They might engage in financial fraud that involves wiring funds across state lines to complicate the resulting investigation. Anytime a criminal offense occurs in more than two states or involves crossing state lines during the commission of a crime, the risk of federal prosecution is higher.
Investigations involving federal agencies
Quite a few actions that are illegal at the state level are also illegal at the federal level. Jurisdiction or the location of the criminal activity helps influence who prosecutes such cases. The agency involved in investigating the offense is also a top consideration. When federal law enforcement or regulatory agencies conduct an investigation, the parties accused of breaking the law are much more likely to face federal charges than they would be after an investigation by local authorities.
Federal criminal cases tend to be far more complex than state cases. The laws that apply are different, and defendants may not understand their rights. Having the right assistance can make a major difference for those facing complex, high-risk criminal cases. Federal prosecution is one of several complex scenarios that can increase the degree of risk for a criminal defendant.