Federal Law Violation: Understanding Your Rights And Consequences

Violations of federal law in the United States can result in a range of penalties, from fines to imprisonment, or both. Federal laws cover a wide range of areas, including civil rights, computer fraud, child pornography, and more. For example, the federal child pornography statute (18 USC section 2252) prohibits the distribution of obscenity and material that depicts minors in a sexually explicit way. Federal laws also prohibit certain activities that occur on federal property, such as the possession of controlled substances. When an individual violates both state and federal laws, they can be prosecuted and convicted in both federal and state courts, serving consecutive sentences for the same action.

Criminal cases involving drugs

A person charged with a federal drug crime should retain a lawyer who specializes in the defence of federal criminal cases. This is due to the serious consequences of a federal drug prosecution. Drug charges may be brought in state court and/or federal court, but the laws and penalties for drug crimes differ in each jurisdiction. State laws and federal laws criminalize the manufacturing or growing of controlled substances, including marijuana and/or chemically manufactured drugs like methamphetamine.

Generally, a federal criminal charge is brought when there is a large amount of drugs involved or when there is a large-scale drug trafficking conspiracy. A crime that does not involve a significant quantity of drugs or a large number of people will likely be prosecuted at the state level. Other factors that determine in which jurisdiction the charges will be filed include the type of drug, the number of drugs involved, and the number of people involved. State courts have jurisdiction to charge any crime that occurs within that state. Whether a state will assume jurisdiction of a drug case depends on many factors. Although possessing marijuana is a federal crime, the states have the ability to legalize it and many have done so.

The local district attorney's office in each state prosecutes state drug charges, while federal criminal charges are prosecuted by the US Attorney's Office. The US Drug Enforcement Agency (DEA) is the primary investigative office for federal criminal cases, unlike state cases, which are investigated by local law enforcement departments.

In the 1876 case of Claflin v. Houseman, the Supreme Court held that state courts could hear cases arising under federal bankruptcy law. The Court reasoned that the laws of the United States are binding on state courts and citizens, and that the United States is a "concurrent, and, within its jurisdiction, paramount sovereignty". The Court held that "the State courts have concurrent jurisdiction whenever, by their own constitution, they are competent to take it".

Child pornography

Federal jurisdiction is implicated if the child pornography offense occurred in interstate or foreign commerce, including using the internet, U.S. Mail, or common carriers to transport child pornography across state or international borders. Federal law may also apply if the materials used to access or store the images, such as a computer or CD-ROM, previously travelled in interstate or foreign commerce.

The penalties for violating federal child pornography laws are severe. Convicted offenders face criminal forfeiture, fines, and imprisonment. The length of imprisonment varies depending on the specific circumstances of the case, such as the age of the minor depicted, the nature of the images, and the offender's prior convictions. For example, possession of child pornography is a felony punishable by up to 10 years in prison, but if the images depict a minor under 12, the maximum sentence increases to 20 years. If the offender has prior convictions for certain related offenses, the minimum penalty is 10 years in prison, and the maximum sentence can be up to 20, 40, or even 50 years.

It is important to note that an offender can be prosecuted under state child pornography laws in addition to, or instead of, federal law. State laws may have their own definitions, penalties, and enforcement procedures for child pornography offenses.

Scams and fraud

There are various types of fraud identified under federal laws, each with specific penalties. For example, mail or wire fraud, which involves using the mail or wire communications technology as part of a scheme to defraud, can result in a $250,000 fine for each violation. Tax fraud, or tax evasion, can take many forms, such as overestimating business expenses or underreporting income, and results in significant financial losses for the government.

Healthcare fraud is another serious issue, with physicians facing imprisonment and fines for submitting false claims or accepting kickbacks. The Stark Law prohibits the submission of claims that violate restrictions on referrals, and penalties can include exclusion from participation in Federal healthcare programs. Identity theft fraud, which involves the production or use of false identification documents, can result in up to 15 years in prison and substantial fines.

Securities fraud, including Ponzi schemes and investment scams, is also prohibited under federal law. These scams often involve securities or privileged financial information and can have severe consequences for those involved. Federal prosecutors can also charge individuals with bribery or corruption if they use mail or wire communications to pay bribes or kickbacks to government officials.

Civil rights violations

Federal civil rights statutes make it unlawful for any government authority or agent to engage in a pattern or practice of conduct that deprives persons of rights, privileges, or immunities secured or protected by the US Constitution or laws. These statutes cover misconduct by law enforcement officers and officials or employees of any governmental agency responsible for the administration of juvenile justice or the incarceration of juveniles.

The statutes also make it a crime for any person acting under the "color of law" to willfully deprive or cause to be deprived any person of their constitutional rights and liberties. Acts under "color of law" include acts done by federal, state, or local officials within or beyond the bounds of their lawful authority. This includes sexual assault by officials, false arrest and obstruction of justice, and deprivation of medical care for people in custody. The most common complaints of civil rights violations involve allegations of color of law violations and racial violence.

Civil rights laws protect citizens from unlawful discrimination, harassment, or abuse in various settings, including housing, the workplace, school, voting, business, healthcare, and public spaces. These laws also protect individuals from discrimination based on race, color, national origin, disability status, sex, religion, familial status, or other constitutional rights. If an individual believes their civil rights have been violated, they can submit a report to the Civil Rights Division of the Department of Justice, which works with other agencies to enforce civil rights laws.

In terms of legal recourse, citizens can bring civil rights claims against federal officials in specific situations. For instance, in Bivens v. Six Unknown Federal Narcotics Agents, the US Supreme Court ruled that citizens could bring claims against federal officials in narrow circumstances when federal law does not provide another way to address the violation. Additionally, Section 1983 (42 U.S.C. Section 1983) allows citizens to sue state or local government officials for violations of rights conferred by the US Constitution or federal laws. Punitive damages and injunctions may be awarded in extreme cases, and courts may order changes to policies or procedures to prevent future violations.

Assaulting a law enforcement officer

For example, in California, Penal Code Section 241(c) specifically addresses assaulting a police officer. This offense is considered a "wobbler" offense, which means that it can be charged as either a felony or a misdemeanor. If convicted of the felony form, the penalty may include a state prison sentence of up to three years, a fine of up to $10,000, or both.

It is important to note that the prosecution and conviction of individuals who violate federal law are handled by federal law enforcement, prosecutors, and the federal court system. However, this does not prevent states from also prosecuting individuals for violations of state law, even if they have already been convicted in federal court. In such cases, the person would serve their federal sentence first and then begin serving the state sentence.

Additionally, the Federal Bureau of Investigation (FBI) has civil rights statutes that address misconduct by law enforcement officers, including the deprivation of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. These statutes provide for a maximum prison term of 10 years, unless the offense results in death, kidnapping, aggravated sexual abuse, or an attempt to kill, in which case the punishment can be life imprisonment or even the death penalty.

Frequently asked questions