Is My Charge Federal or State? - Utah Criminal Lawyer
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Catherine Cleveland, P.C. 5 S. 500 W., Suite 501 Salt Lake City, UT 84101
Is My Charge Federal or State?

Is My Charge Federal or State?

Is My Charge Federal or State?

Complex Issue of Federal Charges and Interstate Commerce

This is a very complicated matter that involves constitutional issues. Some charges can be brought in state court, federal court or in both court systems. However, the bottom line is that in general, only circumstances involving “interstate commerce” are considered federal charges. Interstate commerce is the trade, traffic or transportation between states. For example, if a felon was in possession of a gun and crossed states lines from Utah into Nevada to buy the gun, this is involving interstate commerce. The charge felon in possession of a firearm in this case could be brought in federal court. Keep in mind this is a simplified example and some situations can become very complex, as there are years of Supreme Court authority that determine this often debated issue.

Federal Sentencing Guidelines

The main concern with federal vs. state charges is the very stringent Federal Sentencing Guidelines. Unlike in state court where there is often more room for discretion by judges, federal sentencing guidelines are strict. In fact, federal judges for the most part, do not deviate from them.

In addition, there are no federal prisons in Utah. That means that if you are convicted of a federal crime in Utah, you will not be able to stay in Utah. You will be transferred to a federal penitentiary outside of Utah away from your family. The consequences of a federal crime are very serious and require expert criminal defense.

I can provide just that. Let me discuss with you your particular crime and whether it will be tried in state or federal court. If possible, I will seek to have the charges filed in state court rather than federal court.

Schedule a Free Consultation With an Experienced Salt Lake City Criminal Defense Attorney Today

You may also contact me by calling my Salt Lake City law office for a free initial consultation. I am available by phone at 801-783-3488 or toll free at 877-753-1247. You can also contact me online.

Contact a Salt Lake City Defense Attorney

If you are facing criminal charges, it is crucial to seek representation from an experienced Salt Lake City defense attorney with an extensive track record for protecting the rights of each client. To learn more, call my law office for a free initial consultation. I am available by phone at 801-783-3488 or toll free at 877-753-1247.

Catherine Cleveland, P.C.
5 S. 500 W., Suite 501
Salt Lake City, UT 84101

Toll Free: 877-753-1247

Phone: 801-783-3488

Fax: 801-936-0890

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