In Kansas, the court defines which criminal offenses are classified as federal or state crimes. After a defendant is arrested, the judge makes the determination during the arraignment. Federal criminal attorneys provide clarity and assistance for defendants facing federal offenses.
Federal Cyber Crimes
Under federal laws, offenses such as cyber terrorism, identity theft, and the transmission of child pornography are federal crimes. Each of the offenses is investigated by government law enforcement agencies such as the FBI. While some of the offenses are punished on a state level, the FBI can take jurisdiction of the case at any time that the offenses are carried out throughout multiple states.
When Are Rape, Kidnapping and Murder Considered Federal Crimes?
Each of these offenses is traditionally tried in one state. However, in cases where a serial killer, rapist or kidnapper has committed one or all of the crimes in more than one state, the case becomes a federal issue. However, to try a defendant in federal court, the investigating agency must acquire evidence to support a federal case.
How Do Statutes of Limitations Affect Federal Cases?
The statute of limitations for most crimes could prevent the court from prosecuting a defendant if the statute of limitations has run out. Luckily, federal sex offenses no longer have a statute of limitations. The passage of the Adam Walsh Child Protection and Safety Act has eliminated all statutes that applied in the past. Once the case is established as a federal crime, the defendant can be prosecuted at any time even if the evidence isn’t discovered until several years after the victim’s death.
Penalties and Sentencing
The crime defines the penalties and sentences applied. The defendant’s previous criminal background also affects the sentence. For example, a registered sex offender who is a repeat offender will receive a higher sentence and increased penalties.
In Kansas, the court reviews each case to determine if it is tried on the state or federal level. Typically, common state-level offenses are tried in the federal court if state lines are crossed by the same perpetrator. People facing these charges can contact federal criminal attorneys directly or visit Addairthurston.com right now. You can also follow them on Twitter for latest news and update!