Many people get confused as to when a state court’s jurisdiction ends, and when a federal court takes over. However, beyond setting a suggested course of action, the two aren’t tightly connected.
Unless a mandatory sentencing law binds a judge, they can decide on a punishment that seems appropriate. Even then, many decisions can get appealed, either getting the case dismissed or the final sentencing reduced.
State Court VS Federal Court
Generally speaking, the court that a trial occurs depends on who the victim remains. If the guilty party harmed an individual or only others in the same location, then it’s a state court trial.
If a crime involved victims from more than one state or aimed at the nation as a whole, then it becomes a federal trial. Some cases, such as employment law violations, can become a case heard in both courts.
State Sentencing Gets Revised Quicker
Over time, shifts in society’s attitude lead to changes in legislation. As a result, sentencing laws change as well. States often put new amendments and policy updates up for annual voting. On a federal level, however, bills become harder to pass, and changes occur much slower.
Suggested Sentences
Although the media tends to focus on minimum and maximum sentencing, these rules aren’t guaranteed. As long as the prosecution can argue a harsher sentence, it stays on the table. That is why an experienced lawyer costs as much as they do. When you can help more clients avoid longer punishments, you’re soon worth your weight in gold. And of course, getting assistance with the bail process is critical as well.
Federal Laws Often Win
You may wonder why some states have lower drinking ages, driving requirements, and firearm laws that seem to contradict federal laws. However, even though it’s legal in the immediate community doesn’t mean it’s legal elsewhere.
For instance, many states have legalized cannabis use, both for medical and recreational use. If the federal government wanted to persecute users, they technically still could arrest them.
