Federal & State Criminal Charges in New Jersey

Federal vs. State Criminal Charges in New Jersey

Being charged with a crime, whether at the state or federal level, is a serious matter with potentially life-altering consequences. Understanding the key differences between federal and state criminal charges in New Jersey is crucial for anyone facing such a situation. This comprehensive guide will delve into those differences, exploring the nuances of each system and providing valuable insights to help you navigate this complex legal landscape.

What are the Fundamental Differences?

While both federal and state governments have the power to prosecute criminal offenses, they operate under different jurisdictions and legal frameworks. Here’s a breakdown of the core distinctions:

1. The Laws They Enforce:

• State Charges: These arise from violations of laws enacted by the New Jersey legislature, as codified in the New Jersey Statutes Annotated (N.J.S.A.). These laws typically address offenses that occur within the state’s borders and affect the safety and well-being of its residents, such as:

  • Assault
  • Robbery
  • Murder
  • Drug possession
  • Theft
  • Domestic violence

• Federal Charges: These stem from violations of federal laws passed by the U.S. Congress and codified in the United States Code (U.S.C.). Federal laws often deal with offenses that have national implications or involve interstate activities, such as:

  • Drug trafficking across state lines
  • Bank robbery
  • Mail fraud
  • Kidnapping
  • Terrorism
  • White-collar crimes (e.g., securities fraud, embezzlement)
  • Firearms offenses
  • Immigration violations

2. The Courts Where Cases are Heard:

• State Charges: In New Jersey, state criminal cases are handled in either Municipal Court or Superior Court.

  • Municipal Courts: These handle less serious offenses, such as disorderly persons offenses and motor vehicle violations.
  • Superior Courts: These have jurisdiction over more serious offenses, known as indictable crimes, which include felonies and high-level misdemeanors.

• Federal Charges: Federal criminal cases are tried in the U.S. District Court for the District of New Jersey, which has courthouses located in Camden, Newark, and Trenton.

3. The Prosecuting Authorities:

• State Charges: County Prosecutors’ Offices, which are part of the New Jersey Office of the Attorney General’s Division of Criminal Justice, handle the prosecution of state criminal cases.

• Federal Charges: Assistant United States Attorneys, who work under the U.S. Department of Justice (DOJ), prosecute federal criminal cases.

4. Sentencing Guidelines and Penalties:

• State Charges: New Jersey has its own sentencing guidelines, which may include mandatory minimum sentences for certain offenses, such as those involving firearms or drugs. The state’s No Early Release Act (NERA) mandates that individuals convicted of certain violent crimes serve 85% of their sentence before becoming eligible for parole.

• Federal Charges: Federal sentencing guidelines are generally considered stricter than state guidelines, often involving longer prison sentences and higher fines. Federal courts also have mandatory minimum sentences for many offenses, and the federal system does not have parole.

5. Investigative Agencies:

• State Charges: Investigations are typically conducted by local police departments or county prosecutor’s offices.

• Federal Charges: Federal agencies, such as the FBI, DEA, ATF, and Homeland Security Investigations, often handle investigations of federal crimes.

Overlapping Jurisdiction: When Cases Can Be Tried in Both Courts

In some instances, an offense may violate both state and federal laws, leading to the possibility of prosecution in either or both jurisdictions. This is known as “dual sovereignty.” Factors that influence where the case is ultimately tried include:

• The severity of the offense
• The resources available to each prosecuting authority
• The potential penalties in each jurisdiction
• Whether one jurisdiction offers a better chance of a conviction

Federal Criminal Cases: Limited Pre-Trial Discovery

• Focus on Trial: In federal court, the emphasis is often placed on the adversarial nature of the trial itself. The prosecution is generally not required to disclose much of its evidence before trial.
• Jencks Act: A key federal law, the Jencks Act (18 U.S.C. § 3500), governs the disclosure of witness statements. It mandates that the prosecution only needs to disclose prior statements of a witness after the witness has testified on direct examination. This means the defense attorney often has limited time to review these statements and prepare for cross-examination.  
  
   
• Rule 16: Federal Rule of Criminal Procedure 16 outlines the limited types of discovery the government must provide, including the defendant’s own statements, the defendant’s prior criminal record, and documents and objects the government intends to use in its case-in-chief.
• Brady Material: The prosecution has a constitutional duty under Brady v. Maryland to disclose any evidence favorable to the defense that is material to guilt or punishment. This includes exculpatory evidence and impeachment evidence. However, there’s often debate about what constitutes “material” evidence.   
  
   

New Jersey State Criminal Cases: Broader Discovery

• Emphasis on Openness: New Jersey has a more open discovery process in criminal cases. The philosophy is that both sides should have access to relevant information to prepare their cases effectively and avoid “trial by ambush.”
• Rule 3:13-3: This rule governs discovery in New Jersey criminal cases. It requires the prosecutor to provide extensive discovery to the defense, including:
  
  • Pre-Indictment: Even before formal charges are filed, the state must disclose certain information, such as police reports, witness statements, and any exculpatory evidence.
  • Post-Indictment: After indictment, the state must provide a broader range of discovery, including:
    
    • Names and addresses of witnesses
    • Statements of witnesses
    • Grand jury transcripts
    • Forensic reports
    • Tangible evidence

   

Why the Difference?

Several factors contribute to this difference in approach:

• Historical Development: The federal system has traditionally been more secretive about its evidence, while New Jersey has moved towards greater transparency.
• Concerns about Witness Intimidation: Federal courts may be more concerned about the potential for witness intimidation or tampering if the defense receives evidence too early.
• Resource Constraints: Some argue that the broader discovery requirements in New Jersey place a greater burden on prosecutors, particularly in resource-strapped jurisdictions.

Impact on Cases

The difference in discovery rules can significantly impact how criminal cases unfold:

• Trial Preparation: In New Jersey, the defense has more time to review evidence, investigate the case, and prepare for trial. This can lead to more informed decisions about plea bargaining and trial strategy.
• Fairness: Broader discovery can help ensure a fairer trial by reducing the element of surprise and allowing both sides to present their best case.   
  
   
• Efficiency: While more upfront work for the prosecution, open discovery can potentially lead to quicker resolutions by facilitating plea negotiations and avoiding unnecessary delays.

Defenses in Criminal Cases

Whether facing state or federal charges, several potential defenses may be available, depending on the specific circumstances of the case. Some common defenses include:

• Lack of evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. If the evidence is insufficient, this can be a strong defense.
• Alibi: If the defendant can prove they were somewhere else at the time of the crime, this can be a powerful defense.
• Self-defense: If the defendant used force to protect themselves or another person from imminent harm, they may be able to claim self-defense.
• Duress: If the defendant was forced to commit the crime under threat of harm, they may be able to use duress as a defense.
• Entrapment: If law enforcement induced the defendant to commit a crime they would not have otherwise committed, entrapment may be a viable defense.
• Insanity: In rare cases, a defendant may be able to argue that they were not criminally responsible for their actions due to a mental disease or defect.
• Intoxication: Voluntary intoxication is generally not a defense, but involuntary intoxication may be a viable defense in some cases.
• Mistake of fact: If the defendant acted under a mistaken belief about a crucial fact, this may be a defense.
• Constitutional violations: If law enforcement violated the defendant’s constitutional rights, such as through an illegal search and seizure, this can be a basis for suppressing evidence or dismissing the case.

It is important to note that the success of any defense strategy depends on the specific facts of the case and the applicable law.

FAQs about Federal vs. State Criminal Charges in New Jersey

1. What are the potential consequences of a federal criminal conviction?

Federal convictions often carry harsher penalties than state convictions, including lengthy prison sentences, hefty fines, and a federal criminal record that can have lasting consequences on employment, housing, and other aspects of life.

2. Can I be charged with both state and federal crimes for the same conduct?

Yes, as mentioned earlier, the concept of dual sovereignty allows both state and federal governments to prosecute an individual for the same conduct if it violates both state and federal laws.

3. What should I do if I am facing federal criminal charges?

It is crucial to contact an experienced federal criminal defense attorney immediately. They can advise you of your rights, explain the charges against you, and develop a strong defense strategy.

4. Are federal prisons different from state prisons?

Yes, federal prisons are generally considered to have stricter security measures and less lenient conditions than state prisons.

5. Can a federal conviction be expunged?

Unlike some state convictions, federal convictions cannot be expunged.

6. What is the role of a grand jury in federal cases?

In federal felony cases, a grand jury decides whether there is enough evidence to indict the defendant. This is different from state cases, where a prosecutor typically files charges directly.

7. How do federal sentencing guidelines work?

Federal sentencing guidelines are complex and involve a point system that considers the severity of the offense, the defendant’s criminal history, and other factors. Judges have some discretion in sentencing, but they must generally follow the guidelines.

8. What is the difference between a plea bargain and a trial in federal court?

A plea bargain involves negotiating with the prosecution to plead guilty to a lesser charge or receive a reduced sentence. A trial involves presenting evidence and arguments to a jury, who will decide whether the defendant is guilty or not guilty.

9. What are some common federal crimes in New Jersey?

Common federal crimes in New Jersey include drug trafficking, firearms offenses, white-collar crimes, and immigration violations.

10. Can I be extradited to another state to face federal charges?

Yes, if you are charged with a federal crime in another state, you can be extradited to that state to face the charges.

Don’t Face Federal or State Crimes in New Jersey Alone!

Navigating the complexities of the criminal justice system, whether at the state or federal level, can be daunting. Understanding the key differences between federal and state criminal charges in New Jersey is crucial for anyone facing such a situation. By seeking the guidance of an experienced criminal defense attorney, you can ensure that your rights are protected and that you have the best possible chance of a favorable outcome. Contact attorney Rosen today for a free consultation at 908-312-0368 & brett@nynjcriminalcivilesq.com.

Disclaimer: This information is provided for informational purposes only and should not be considered legal advice. It is essential to consult with an attorney to discuss your specific legal situation.