I was always puzzled by this question, even in law school and while working with a time of great criminal defense attorney. One thing I know: if a person is prosecuted by the federal government, then he or she is trapped in a small boat on Lake Erie, when suddenly a storm hits. (Lake Erie is quite low, and stir up dangerous with rip-tides and all). I'm not sure if the gravity of a federal indictment stems from the prestige of the court, the appointment of judges for life, or the sentencing guidelines. A federal court, in my opinion, should be visited by all citizens – not only is the building aesthetically incredibly nice, but it has a certain grandeur to it that you can not really describe.

When I attended a seminar in federal court (a lawyer has to make several additional tasks to practice in front of each federal court), an assistant U.S. attorney Northern District of Ohio spoke. He said the first reason, of course, that some crimes are prosecuted by the federal government because they are contrary to federal law. The federal government enforces many laws, especially those relating to mail fraud guns, taxes and drugs crossing the lines from one state to another. Rarely, however, only a crime falls under federal jurisdiction (eg electronic fraud or filing false federal income tax). Very often, a crime is a violation of federal and state laws.

By example: a company for the poor, often elderly and the Amish, to become members of a discount club for $ 2000. A rate change, members were promised access to the manufacturers directly. The broker allegedly be overlooked. As you can imagine, none of the contacts "to the manufacturers really exist. Members save no money, however, could never get a refund. After countless complaints to the Better Business Bureau, the matter was brought to the attention of the FBI (which investigate crime in general) that began investigating the company. The Office of Inspector General (Office of Inspector General) is also involved. The Office the Inspector General investigates mail-related crimes. Anyway, the sellers were accused by the federal government for mail fraud – because the information sent false to consumers that lead them to act.

The fact is, however, that the crime could easily have been prosecuted in state court on a theory pure fraud. After all, the scam was conducted in Ohio, consumers Ohioians. However, the defendants were indicted by the federal government. Much of this derives of the extreme nature of the crime and caused a lot of financial difficulties. Furthermore, the investigation is complex and more appropriate for the federal government. Typically, a federal investigation is initiated on the desk of a federal agent. He or she should establish certain criteria before the case to an assistant U.S. attorney, who then look at the facts, law, resources, nature of the offense and his professional experience to decide whether the case should proceed. So, in short, most cases depend on: Federal law (and if the case has facts that can support a federal office, though dimly), which investigates is (was it local police or the feds involved obtained?), and the factors discussed by the Office of U.S. Attorneys.

As I mentioned earlier, the federal government not to waste time when you opt to follow with the charges. Some of the most brightest and most talented people in the U.S. Attorney. FBI agents and other agents with investigative functions are highly trained and selected. (Most investigators have been 600 hours in the police academy.) Cv Federal judges have young lawyers that only could dream. The federal courts have the best technology. Federal records lead to many fewer cases than state courts, so that each case is monitored very nearby. The federal sentencing guidelines have a presumption of incarceration.

Finally, Non bis in idem is not violated when a defendant is prosecuted in federal court and state court. For example, a defendant commits an armed robbery involving interstate commerce. (The federal government can legislate under the Dormant Commerce Clause by crimes that are prima facie responsibility of the states where the activity affects interstate commerce. Well, almost every robbery of an enterprise involving interstate commerce (articles travel out of state.)) The defendant is convicted and sentenced by the Sentencing Guidelines. After his sentence is served, is transported to another custody to face charges armed robbery of the State. This is perfectly constitutional.

I hope to be a little less confusing than it was the first time I was involved in criminal defense.

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