If you have been charged with a crime in the State of New York, you may not be aware that is possible to be in violation of not only New York State law, but Federal Criminal Law as well. If you have been charged with a crime, it is important that you consult with a New York Federal Criminal Lawyer at your first opportunity. Because there is a great degree of discretion in a case that involves both state and federal law, it is important to consult with a New York Federal Criminal Lawyer to review your options. The offices of the United States Attorney may or may not choose to prosecute the matter under federal law, and may pass the case down to the District Attorney. Conversely, if the District Attorney feels that the crime is appropriate for federal involvement it can refer the case to the U.S. Attorney.
On rare occasion, the New York District Attorney, the United States Attorney and the New York State Attorney General can decide to charge a defendant under both federal law as well as state law. The federal law is governed by the United States Codes, and a crime in the State of New York would be governed by the New York Penal Law. If you have been charged with a state or federal crime, it is important to consult with a New York Federal Criminal Lawyer, as the issue of double jeopardy may arise. The concept of double jeopardy means that a defendant may not be charged twice for the same crime. This is prohibited by the United States Constitution. There is a degree of overlap between state and federal law, but in some instances there is not. If this is the case, then it is possible for a defendant to be charged under both state and federal law. This is a complicated matter and it is important to have a skilled New York City Criminal Lawyer discern whether the case is a state case, federal case, or both.
The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.