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In some situations, there is federal jurisdiction that gives federal prosecutors the right to prosecute the case. In other situations, the offense may be considered both a state and federal crime. Federal prosecutors may choose when they want to step in, take a case over from the state, and prosecute it.
In some cases, state and federal prosecutors can simultaneously prosecute the case without double jeopardy arising because the offense is considered a different crime in different jurisdictions.
Most crimes fall under state law and jurisdiction.
However, federal jurisdiction applies when the crime:
The government agencies that investigate and prosecute state
and federal crimes are often different.
A consequence of federal crime prosecution is that there are usually much more expansive resources available in these cases. Federal crimes are prosecuted under federal law, irrespective of where the crime was committed.
There are also differences in the procedures surrounding the prosecution of federal and state crimes, including:
Another significant difference between state and federal courts is the potential punishment you can face. Federal sentencing guidelines apply to federal crimes. Federal penalties are usually much longer than state penalties for similar offenses, especially drug crimes. If convicted, you will go to federal prison instead of state prison.
These are established by state law and are subject to the penalties described in these laws.
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