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What makes it a federal or state charge?

tearsforson2
tearsforson2
Just curious. Several times I have seen state and federal charges different by law and how it is handled. How can you tell if it is a state or federal charge. (It is out of California)
ThoughtAsWeak
ThoughtAsWeak
It depends on who is prosecuting the case. If the charges occurred across state lines, then the Fed's can be involved. Sometimes both the state and federal can prosecute the same crime.

So, for example, you are on a P2P site where you inadvertently downloaded CP and it's them shared with others who reside outside your state, the it could be a fed case. If you were charged with having sex with your underage GF, then that would be a state charge.

Hope these explanations help clarify...
rewdiazepam
rewdiazepam
One simple method to tell if it is a state or federal prosecution is to look who is prosecuting the case.

State cases are prosecuted by local District Attorneys, while federal cases are prosecution by federal prosecutors.

DAs do not prosecute federals cases and federal prosecutors do not handle state cases.

If a person is arrested on a DUI, it would be a state charge unless the crime occurred on federal property. A conviction of tearing up a Post Office would be a federal charge.

Federal charges are those in which state lines were crossed in some way. Many internet charges are federal crimes, kidnapping and taking a victim across a state line would also be a federal charge.

rewdiazepam