What Should You Do When You Face Criminal Charges?What Should You Do When You Face Criminal Charges?

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What Should You Do When You Face Criminal Charges?

I do my best to stay out trouble with the law. I avoid conflicts and try to help others do so as well. But a few years ago, trouble found me. My ex was quite angry with me after our breakup. Instead of moving on and finding someone else, my ex decided to frame me for something I didn't do. My ex called the authorities and filed abuse charges against me. I explained the situation to the police but they arrested me anyway. I later found out through my criminal attorney that this was illegal. It was my ex's word against mine at the time and I shouldn't have been arrested that day. After spending months clearing my name, I decided to help other victims of unfair crimes. If you need information on criminal law, read my blog. You don't have to fight injustice alone. Good luck.

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Why You May Be Charged by Both State and Federal Courts

13 October 2020
 Categories: , Blog

In many cases, if you are charged with a crime, it will be the state and not the federal government that prosecutes you. However, there are some cases where the crimes you commit fall both under state and federal jurisdictions. When this is the case, you will need help from an experienced criminal defense attorney.

State Jurisdiction

States are allowed to pass and enforce laws as long as they are in compliance with the constitution. Therefore, the moment you commit a crime under state law, the state may choose or not choose to prosecute you. The state you are in will have its own procedures for how it will prosecute you. A state judge will rule over your case.

Federal Jurisdiction

There are some crimes that are not only illegal in the state you reside in but are also illegal on a federal level. When you commit such a crime, you may be brought up on federal charges as well. If you are crossing state lines when committing a crime, such as if you commit a computer crime or if you are committing an international crime, this is often handled by the federal courts. Also, when a crime is committed on federal grounds, this falls under federal jurisdiction.

Double Trouble

The reason why you might be charged for both crimes is that state and federal law are often not considered the same type of law. It's also possible for the state courts to consider you innocent while the federal courts find you guilty. Therefore, this doesn't fall under the Fifth Amendment.

If you believe that your case falls under double jeopardy, you will want to bring this up with a criminal defense attorney. While the Fifth Amendment refers to "life and limb," the Supreme Court has determined that double jeopardy applies to other types of cases. Double jeopardy is a factor in all cases of felonies, misdemeanors, and adjudications. Double jeopardy applies to both federal and state laws. For example, a state cannot charge you twice for the same crime. State courts are not allowed to offer less protection than federal courts, but they are allowed to offer additional protections not provided by federal courts.

Because the double jeopardy protection can be difficult to make sense of, it's important to always seek legal representation. You can learn more about handling your case by contacting and working with a criminal lawyer.