Criminal cases initiated by the federal government or referred by the state for federal prosecution are tried in federal court. To be considered a federal crime, the alleged offense must violate a statute or code established by the federal government, contained within the United States Code. Federal offenses are prosecuted by United States Attorneys, on behalf of the United States Department of Justice.

 

There are major differences between cases in federal court and cases in state court. For example, criminal cases at the federal level often present harsher penalties and are among the most difficult to successfully defend, largely due to the resources available to the federal government. Those resources include the use of federal law enforcement agencies such as the: Federal Bureau of Investigation (FBI); Department of Homeland Security (DHS); Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and the Drug Enforcement Agency (DEA).

 

In very limited and extreme circumstances, a criminal offense can be prosecuted at both the state and federal levels. Double jeopardy precludes an individual from being prosecuted or sentenced twice for substantially the same offense. However, double jeopardy does not prohibit this type of prosecution, based on the doctrine of dual sovereignty.

 

Dual sovereignty only requires the alleged criminal offense an individual is accused of committing to violate both a state and federal law. The government will not be able to wait indefinitely to decide whether federal charges will be sought however, as most federal offenses are subject to a 5-year statute of limitations.

 

Not every criminal defense attorney is licensed to practice in federal court, and it is essential to seek legal representation from an attorney who possesses the requisite knowledge, skill, and dedication to defend against federal offenses. The Swanson Law Firm has a great deal of experience litigating criminal matters within the federal court system including drug, firearm, and immigration related offenses.

 

If you or a loved one are facing federal criminal charges, in the Eastern District of Missouri, and are looking for an experienced attorney to help navigate you through the federal court system, call us today at (314) 492-2380 or send an email, to schedule your free consultation.