So, the answers to my question were 2 for no, that federal attorneys handle federal crimes and 1 for "to make an example out of you".. I am unclear about this. If all federal crimes are handled by the fed's, then how can a states attorney try the case? Details... Theft/Scheme 500+, in MD. It was never considered by the police or SA to be anything lower than Theft/Scheme 500+. I read somewhere that if it originally was a misdemeanor that progressed to T/S500+ then the state could prosecute, but it this was never the case. They were trying to accuse of the big felony from the beginning. What are your thoughts?
Also, how is is that someone accused of stealing $800K is charged with the same crime as someone accused of stealing $1000. It just doesn't make sense to me.
Let me know and thank you for your help.
Answers:
In some jurisdictions, some state's attorneys are cross-sworn as special United States Attorneys so that state and federal efforts can be coordinated. Every state and the feds draw lines for felony prosecution. In my state it is $250. So a $251 and $250,000 theft are the same crime, but they are ordinarily distinguished at sentencing. Most criminal cases, about 90 percent are resolved by negotiation. Customarily, the prosecutor starts with the highest charge and negotiates downward instead of starting with a lower charge and then changing it if the defendant refuse to plead guilty. I have noticed more than a few people who confuse terms. They think they are charged with a "federal" crime, when in fact they are charged with a "felony" crime in a state court.
Federal cases have to be tried in federal courts. District and state attorneys often work closely with federal prosecutors in cases that fall into both jurisdictions.
Tuesday, October 13, 2009
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