How Will You Know if Your Case Will Be Handled on the Federal or State Level?

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: What about if you live in or near downtown Tucson or let's say you live near Phoenix, is it likely that if you're accused of a drug crime it's going to go to federal court? How do you know if your case can be handled federally or at the state level?

Acacia Law: There's not really any one factor to distinguish them. I'll give you an example of a case that is being investigated by federal agents. In Pima County, they've been doing a lot of cases now where they're using informants and then working with undercover police officers to create fake stash houses where they tell people, "These are drugs here and there's money here," and then these informants go out and recruit people to go and raid the stash house. They're basically home invasions.

Arrests Resulting from An Undercover Operation Initiated by Federal Agents Will Be Tried on the Federal Level

Interviewer: That's a federal crime?

Acacia Law: Yes, that's a federal crime because it involves federal agents. It is a federal investigation, so that's going to be prosecuted by the US Attorney's Office. So probably the main distinguishing feature as to whether a case is going to go federal or whether it's going to go into state court is which law enforcement agency has handled the investigation.

Cases Involving Firearm in Addition to Drugs Will Likely Be Tried in Federal Court

If it's the federal government that's handled it, it's more likely to go federal court.

Now, there are obviously exceptions to that. If it's a case involving firearms and drugs, very often those cases go federal because the penalties are really severe.

Federal Law Enforcement Officials Focus on Different Areas of Crime

Interviewer: Well, wouldn't the federal government have a different law enforcement agenda than, let's say, state or local police?

Acacia Law: Absolutely. In each federal district, each state, the Assistant US Attorney for that state kind of sets the tone as to what kind of cases they're going to focus on.