Often individuals that are charged with a violation of New York State law do not realize that the crime may also be in violation of federal criminal statutes. A New York Federal Criminal Lawyer can explain that there is a large degree of discretion in cases where both state and federal law are involved. The U.S. Attorney may, or may not choose to prosecute a case for many reasons. They also may decide to pass the case directly to the New York State District Attorney’s office. Conversely, if the District Attorney decides that the case is big enough, their office can choose to pass a case up to the U.S. Attorney. If you have been involved in a Federal Criminal matter, and have been charged with Child Pornography, a white collar crime, or Computer Fraud it is important to your case to promptly speak with a New York Criminal Lawyer for guidance. The penalties you could be facing are substantial.
In some instances, the U.S. Attorney, the New York State Attorney General and the District Attorney will decide to charge a defendant under both state and federal law. This can bring up the issue of double jeopardy. Under this legal concept, it is prohibited under the U.S. Constitution to be charged with the same crime more than once. If the charge clearly overlaps state and federal law, you can be charged by the United States Attorney and the District Attorney. In this instance, it would be imperative to have a New York Federal Criminal Lawyer provide a strong defense. In some instances it could be argued that the laws actually do not overlap, and the federal law and state law are quite different.
If you have been charged with a Federal Criminal matter, contact a skilled New York Federal Criminal Lawyer from the Law Offices of Elliot Adler, P.C. for guidance. You could be facing substantial penalties and it is important that your rights are protected. We will create an aggressive defense strategy that ensures your rights are protected. We have serve Suffolk County and Nassau County on Long Island, and Westchester County. In New York City, we have handle matters in Queens, the Bronx, Brooklyn, Staten Island and Manhattan. Call us today for a free consultation at 212.785.1300 today.