Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
What is the Difference Between a Nevada State and Federal Crime?
What is the difference between a state and a federal crime? The U.S. Constitution allows states the power to govern themselves. However, if there is a matter that concerns national welfare, then federal law prevails.
State v. Federal Crime
The state of Nevada will have jurisdiction over defendants who violate Nevada state laws. Federal laws come into play when a crime has been committed that is in direct violation of federal statutes. Sometimes, a crime is illegal according to both state and federal law, which is called concurrent jurisdiction. If there is a conflict between the two, federal law will prevail under the Supremacy Clause in the US Constitution.
The federal government has jurisdiction over defendants that commit crimes on federal property or crimes that cross state lines. Also certain crimes are exclusively within federal jurisdiction such as federal taxes, the Post Office, the military, immigration and customs. (Read our article about how a Washoe County robbery can be a federal offense.)
The federal government has jurisdiction over matters concerning interstate commerce. This involves doing business across state lines, and encompasses trucking, mail, phone use and television.
When prosecuting a case, state and federal prosecutions are largely the same. However, the sheer quantity of paperwork and time involved in litigating a case will be different. Federal cases are characteristically slower, and the scope of the investigation will be much greater. This is because with federal law, the prosecutors are looking at a more all-encompassing view of the crime, while a state court is usually dealing with local and state police.
Calculating penalties in state and federal court are done differently. With federal matters, “The Federal Sentencing Guidelines” are used to arrive at a sentence. State crimes are calculated according to state legislation and guidelines.
About the Author
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.