Consequences Of Violating Federal Assessment Law

Breaking federal law can result in various consequences, from fines to imprisonment, depending on the severity of the crime. When federal law is broken, federal law enforcement and prosecutors handle the case, which is then processed through the federal court system. In some cases, a violation of federal law may also result in a state prosecution, leading to consecutive sentences. While most crimes committed are state crimes, certain acts, such as terrorism, fall under federal jurisdiction. Understanding the potential penalties for breaking federal law is crucial, as the consequences can be severe and vary based on the specific violation.

Federal vs state law violations

Federal and state laws in the United States differ in several ways, and so do their violations and penalties.

Federal Law Violations

Federal crimes are violations of the U.S. Constitution and always supersede state law. Federal crimes include criminal activities that occur in multiple states, on federal property, or those that involve citizens from different states. Federal crimes also include violations of specific federal laws, such as drug trafficking, drug possession, counterfeiting bills, and copyright infringement. Federal courts have jurisdiction over constitutional matters and federal laws passed by Congress.

State Law Violations

State crimes, on the other hand, are violations of state law and are tried in state courts. Most crimes that come to mind, such as murder, robbery, burglary, arson, theft, and rape, fall under state law violations. State legislators use their general police power to regulate and penalize these offenses. State crimes are investigated by local law enforcement agencies, such as county sheriffs, state agents, or local police officers.

Differences in Enforcement and Penalties

The enforcement of federal and state laws also differs. Federal law enforcement is handled by agencies such as the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and the Internal Revenue Service (IRS). State and local law enforcement, on the other hand, are typically handled by city police departments, county sheriff's offices, and state authorities.

Penalties for federal and state crimes also vary significantly. Federal penalties are generally more severe than state penalties, even for comparable crimes. Federal judges often follow federal sentencing guidelines, which can result in lengthy sentences and harsh mandatory minimums, especially for federal drug crimes.

Concurrent Jurisdiction

In some cases, federal and state courts may share jurisdiction over certain offenses, which is known as "concurrent jurisdiction." This can occur when state and federal laws overlap, as in the case of the Commerce Clause. While the Double Jeopardy Clause of the Fifth Amendment protects individuals from being tried twice for the same offense, separate prosecutions by federal and state governments are allowed as they are considered separate sovereigns.

Criminal sentencing

Federal sentencing guidelines are issued by the United States Sentencing Commission, an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. The Commission collects, analyses, and disseminates information on federal crime and sentencing practices. It establishes sentencing policies and practices for federal courts, refining them annually in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community.

When sentencing federal offenders, judges consult the Federal Sentencing Guidelines. When the guidelines are amended, a subsequent Guidelines Manual is published. The Guidelines Manual contains an archive of yearly amendments dating back to 1987.

The penalties for breaking federal labor laws vary based on the violation. Some possible violations include interfering with the rights of employees to act together, wage violations, failure to maintain a safe work environment, and failure to provide mandated leave.

If an employer is found guilty of violating the Fair Labor Relations Act (FLRA), they can face fines and penalties. They may also be required to pay back wages to current and former employees. The Wage and Hour Division may publicise the violations and report the outcome of the investigation to the media.

If an employer is found to have willfully disregarded Occupational Safety and Health Administration (OSHA) rules, they can face penalties of up to $70,000. If the employer does not correct the violations, they may be fined up to $7,000 per day until they are corrected. If an employee dies as a result of an OSHA violation, the penalty can include up to six months in jail and a $10,000 fine.

For a first violation of the Family and Medical Leave Act (FMLA), the penalty is a fine of $110. If an employee is wrongfully terminated due to an FMLA violation, the investigator may refer the matter to the U.S. Equal Employment Opportunity Commission (EEOC). Penalties for wrongful termination can include paying the employee back wages and interest, as well as reinstating the employee.

Federal labour law violations

The Fair Labor Standards Act (FLSA) sets standards for wages and overtime pay, requiring employers to pay at least the federal minimum wage and overtime pay of one-and-one-half times the regular rate. The FLSA also restricts the hours that children under 16 can work and prohibits certain jobs for those under 18.

Violations of the FLSA can result in legal action and significant economic consequences. For example, in a 2009 survey of low-wage workers in Chicago, Los Angeles, and New York City, 26% were paid less than the minimum wage, and 76% of those working over 40 hours did not receive overtime pay.

Additionally, the Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave for family or medical reasons. Violations of the FMLA can also lead to legal repercussions.

Other federal labour laws include the Occupational Safety and Health Act (OSH Act), which ensures safe and healthy working conditions, and the Workers' Compensation program, which provides benefits for work-related injuries or illnesses. Violating these laws can result in government intervention and penalties.

Federal court system

The federal court system in the United States is composed of three levels: district courts, circuit courts, and the Supreme Court.

District Courts

The district courts are the trial courts of the federal court system, with each district court having at least one United States District Judge appointed by the President and confirmed by the Senate for a life term. There are over 670 district court judges across the country. These courts handle both civil and criminal trials and are the starting point for any case arising under federal statutes, the Constitution, or treaties. This type of jurisdiction is called "original jurisdiction."

Some tasks of the district court are delegated to federal magistrate judges, who are appointed by the district court judges and serve for a specified term. In criminal matters, magistrate judges may oversee certain cases, issue warrants, conduct initial hearings, set bail, and decide on certain motions.

Circuit Courts

The circuit courts are the first level of appeal in the federal court system. There are 12 circuit courts, each serving a separate geographic area. After a district court has decided a case, it can be appealed to the corresponding circuit court. Appeals are first heard by a panel of three circuit court judges, who receive "briefs" from the parties involved, arguing why the trial court's decision should be affirmed or reversed. The circuit court may then schedule "oral argument," where lawyers come before the court to present their arguments and answer the judges' questions.

In rare cases, the entire circuit court may consider certain appeals in a process called an "en banc hearing." Opinions from these hearings tend to carry more weight and are usually decided after a panel has first heard the case.

Supreme Court

The Supreme Court of the United States is the highest court in the American judicial system. It has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law. For example, if a First Amendment freedom of speech case was decided by the highest court of a state, it could be further appealed to the Supreme Court. However, the Supreme Court cannot consider a case decided purely on the basis of state law.

After a circuit court or state supreme court has ruled on a case, either party may choose to appeal to the Supreme Court by filing a "writ of certiorari." The Supreme Court is not required to hear every appeal and only grants certiorari in less than 1% of cases, typically when there are conflicting decisions across the country on a particular issue or when there is an egregious error.

The Supreme Court has nine justices, including eight associate justices and one chief justice, all appointed by the President and confirmed by the Senate for a life term. The Court conducts its annual term from the first Monday of October until June.

Federal defence attorney

If you break federal assessment law, you may need a federal defence attorney. The Sixth Amendment to the United States Constitution guarantees an accused person the right to representation by counsel in serious criminal prosecutions. Federal public defender organisations and community defender organisations are two types of federal defender organisations that provide legal representation to those who cannot afford it.

Federal public defender organisations are federal entities that employ federal employees, including lawyers, investigators, paralegals, and support staff. The chief federal public defender is appointed by the court of appeals and serves a four-year term. These organisations are present in 92 out of 94 federal judicial districts and work alongside private "panel attorneys" to represent individuals prosecuted in federal courts.

Community defender organisations, on the other hand, are non-profit defence counsel organisations incorporated under state laws. They are designated in the Criminal Justice Act (CJA) plan for their district and receive funding from the federal judiciary. These organisations operate under the supervision of a board of directors and may be affiliated with a parent non-profit legal services corporation providing representation in state, county, and municipal courts.

Frequently asked questions