Federal Case Defense Attorney

The jurisdiction of the federal government is limited by what is in the U.S. Constitution, but the way our society and technology have evolved since the late 18th century means that the scope of crimes covered under this jurisdiction has grown.

For example, a federal court can hear a case where two different states were involved in committing a crime. Crimes involving the Internet, money laundering, and other white-collar criminal offenses are much more likely to be potential federal cases than when the Constitution was written.

Federal officials may also become involved if there is a “diversity of citizenship,” another way of saying when individuals hold citizenship in different countries. With our proximity to the border of Mexico, that can be more common in the Houston area than in other spots in the United States.

Any crime committed on federal property will, by definition, become a federal case. For example, an assault and battery charge in a local bar would be for the state of Texas to deal with. But that same assault and battery committed outside the Bob Casey Courthouse here in Houston will be handled by federal prosecutors.

It’s worth emphasizing that, if convicted, sentencing is handled differently in federal court than in state court. The U.S. Sentencing Commission provides advisory guidelines to federal judges to use in most cases. When drugs are involved, the guidelines become less “advisory” and mandatory minimum sentences.

Above all, defendants must know that the question of state charges or a federal case is usually not an either-or distinction. The framework of the law allows both the government of Texas and the government of the United States to bring charges concurrently. This is especially true in drug trafficking cases.

Double jeopardy–the constitutional protection against being charged for the same crime twice does not apply here. The concept of “dual sovereignty” holds. That means the federal and state governments are seen as separate sovereign entities, and the charges of each can be treated separately. Your lawyer must be prepared to fight for your rights in both state and federal court if you are charged on both fronts.