Oklahoma Sex Crimes - Federal vs. State Crimes
Federal Versus State Crimes
As the law expands and develops in several ways, a general trend is forming in regards to the dichotomy of federal vs. state crimes. The advent of the Internet has brought these bodies of law somewhat closer together, as the Internet allows people to "travel" and to "transact business" across state lines without physically arriving in a different jurisdiction.
Generally speaking, federal law will govern a situation in which a crime is committed that crosses state lines, although other situations will also give rise to federal jurisdiction. Another generality is that federal laws and convictions under federal statutes will carry more significant penalties, as federal sentencing guidelines are laid out and strictly enforced, leaving less discretion in the hands of a federal judge as opposed to a state judge.
Federal vs. State Crimes - Sex Offenses
In terms of sex offenses, federal law will generally govern in one overriding instance - Internet sex crimes. The Internet is seen as a mode of interstate commerce, which means that by law federal statutes will guide most criminal proceedings that involve Internet sex offenses. When federal jurisdiction applies, this means that the defendant must appear in federal court, face federal indictments and if convicted fall under the federal sentencing guidelines.
Although federal sentencing guidelines change with some degree of regularity, these guidelines lay out specific prison terms and restitution requirements. Another aspect to consider in regards to federal vs. state crimes is that there is much less flexibility in terms of early release from prison if a defendant is convicted under federal law.
What this Means for You
The federal vs. state crimes conundrum, and how it's resolved in regards to your case, could carry serious consequences. If you have been charged with either a federal or state offense, or both, the first thing you need to do is to contact us for a consultation. If you are in custody, you need to use the opportunity you have to retain counsel by either contacting us directly or by having an associate contact us as soon as possible.
You are given a Constitutional right to counsel, and one of the many services we provide is looking for ways to have your case fall under state as opposed to federal jurisdiction. This is not always a flexible issue, as the laws regarding jurisdiction are generally clear, but for all the reasons stated above and for others, it's to your advantage to have your charges heard and adjudicated in state court.
Our firm has years of experience in dealing with both state and federal criminal defense cases, and we will be able to help you through a very stressful situation by explaining the process to you and by working on your behalf to come to a resolution that is going to minimize your penalties. Obviously, there is no guarantee in this regard, but you can guarantee yourself a difficult situation by attempting to resolve these issues without an experienced legal hand at your side. Contact us today for an immediate consultation.
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