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What is the difference between a US district court and a

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state court for criminal cases?...
What is the difference between a US district court and a state court for criminal cases?
Submitted: 1 year ago.Category: Criminal Law
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Answered in 3 minutes by:
7/29/2016
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience: Attorney and Counselor at Law
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The US district court takes care of criminal cases that charge a defendant with violations of federal criminal law statutes.

State courts take care of criminal cases that charge a defendant with violations of the criminal law of particular states.

Please let me know if you have more questions. I will be happy to clarify this. If you are satisfied with my answer, please rate me.

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Another note, federal crimes are found in the U.S. Code: Title 18

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Customer reply replied 1 year ago
Is accessory to sexual assault and victim intimidation a federal law or state law?What if the victim is in one state and the suspect is in another? Would it be a federal case or state?
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

It can be both. To be charged under Federal law, the crime would have to take place in "special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency" 18 U.S. Code § 2242 - Sexual abuse.

It can also be charged if parts of the crime happened across state lines. That is, part of the crime happened in one state and then the person committing the offense engaged in interstate travel and committed another part of the crime in another state.

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Sexual offense are usually handled by the state court in which the crime took place.

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Do you mean the victim and offender are in different states at the time of the offense or after the offense took place?

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Customer reply replied 1 year ago
At the time of the offense and afterwards.
Customer reply replied 1 year ago
If it is federal, then who will prosecute?
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

If mail or the internet was used to commit the accessory crimes, it is a federal and state violation. It would be easier to prosecute the actor in Federal court because it would be easier to get that person into court.

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Customer reply replied 1 year ago
If it is federal, who will be the one prosecuting?
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

It would be a US Attorney's Office where the US court is location. The police agency may be the FBI.

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Customer reply replied 1 year ago
Could it also be local police that would be investigating? At least initially?
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Yes, they could be. Sometimes there are joint task forces of federal and state police working an investigation together. I have worked with such task forces.

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Customer reply replied 1 year ago
Interesting. So if the internet was used, than it would be federal jurisdiction? If there was a search and seizure warrant, would it be requested from a federal distric court?
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

It depends. If the local and federal authorities are working together, a warrant can be obtained in a state court. If there is a federal investigation of a crime involving the US mail or the internet, a search warrant would be obtained in the US court.

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Customer reply replied 1 year ago
Is this what is called a US district court?
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

yes

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

If you are satisfied with my help, please rate me.

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Customer reply replied 1 year ago
Can someone get prosecuted for the same crime at the state and federal level?
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

No.

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Colleen Grady
Colleen Grady
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