There are multiple situations in which a person might be accused of violating New York state criminal law without realizing that they have also violated federal criminal laws and regulations. There are many times where state and federal laws overlap. If you're in NYC, and are accused of violating the law, you might find yourself in need of an NYC federal criminal defense attorney as well. It's important to speak with an experienced New York attorney who can understand the case against you, and determine whether you stand accused of violating both state and federal laws.

Understanding the Interaction Between State and Federal Laws

Our attorneys will advise you that a large amount of discretion takes place in cases that involve both federal and state laws. The Offices of the United States Attorney might not prosecute a case for a variety of reasons, even if that case would ordinarily fall under their jurisdiction. If you are convicted, there are mandatory sentencing guidelines that judge must abide by.

Double Jeopardy and Concurrent Jurisdiction

There are some situations when the State District Attorney, State Attorney General, and United States Attorney will agree that the defendant should be charged both under state law and under federal law. In places where the New York state law overlaps with the federal law, a defendant must be charged either according to the state law or according to the federal law.

The Power of the Federal Government in Criminal Law

The federal government has an unusual amount of power regarding criminal law. One example is in the use of marijuana. Some states have legalized the use of recreational marijuana and permit its sale. But federal law still prohibits the distribution and possession of marijuana. Even though selling and possessing marijuana is no longer prohibited by state law, the federal government has the right to prosecute people for the selling and possessing of marijuana because it does not comply with federal regulations. The federal government has the ability to use its extensive resources to prosecute crimes that are too big for one state to handle. The federal government also been used to prosecute related crimes that occurred in several states, so that there wouldn't need to be a separate trial in each individual state.