Federal Cases Lawyer in Houston

Defending Clients Against Federal Crimes in Harris and Fort Bend Counties

When you’re charged with a crime, the nature of the offense itself isn’t the only thing you have to consider. You must also consider whether the charge is coming from the state of Texas, the federal government or both. Federal cases have a unique dynamic to them that your lawyer must grasp and be prepared for. 

Work with a Houston federal cases lawyer who has a documented track record of success. Call Carter Law at (713) 597-6562 or contact us online. 

The Difference Between State & Federal Charges

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 mean 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 the commission of a crime. Crimes involving the Internet, money laundering and other white-collar criminal offenses are much more likely to be potential federal cases than they were when the Constitution was written.  

Federal officials may also become involved if there is what’s called a “diversity of citizenship”, which is another way of saying when there are individuals who hold citizenship in different countries. With our proximity to the border of Mexico, that can be more common in the Houston area than it would be at 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 turn into mandatory minimum sentences. 

Above all, defendants must know that the question of state charges or a federal case are 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 in the event you are charged on both fronts.