Can Federal and State Investigations Overlap? What Happens?
If you’re someone living in New Jersey or the surrounding area that is being investigated for an alleged crime, it is possible that investigators from different agencies — on the local, county, state, and federal levels — might all be scrutinizing the same activities simultaneously.
But what happens when those investigations overlap? Does one agency’s jurisdiction take precedence over another’s? Do they work together to bring a single set of charges? What exactly should a potential defendant prepare for?
Now, the reason multiple agencies are investigating is because they’re looking for violations specific to state and federal laws. Typically, these investigations begin separately, sometimes overlapping where both state and federal violations converge.
What kind of violations would cause an overlap of state and federal investigations? These would include:
- Cyber crimes
- Drug trafficking
- Financial crimes
- Fraud
- Gun offenses
- Healthcare fraud
- Interstate commerce crimes
- Organized crime
- Tax offenses
It’s important to remember that an investigation does not automatically mean you’re being charged with a crime. Investigation does not equate to wrongdoing.
Despite that fact, how you conduct yourself during an investigation does influence how you’re perceived by investigators.
Can You Be Prosecuted By Both State and Federal Governments?
Because of the fact that there are separate State and Federal laws, you can sometimes face prosecution at both levels for the same conduct.
Why? Because of something called the Dual-Sovereignty Doctrine. In short, this doctrine means that, because there are separate State and Federal laws, the violation of those laws, are technically speaking, separate offenses, and that State prosecution does not cancel out potential Federal prosecution.
You might think, but what about “double jeopardy? Am I protected from a second prosecution?”
Again, because Federal and State laws are separate, the concept of double jeopardy does not apply.
While an additional Federal prosecution is possible, there is also a policy, commonly referred to as the Petite Policy, that is designed to discourage certain types of dual prosecutions.
The Department of Justice’s Dual and Successive Prosecution Policy, also known as the Petite Policy, was created in order to encourage coordination of investigation among Federal and State agencies and avoid unnecessary federal prosecutions of “substantially the same acts” after a State prosecution has already taken place.
This is just a policy. It’s not a constitutional protection, so if a Federal agency does not feel that a State prosecution has “properly vindicated” Federal interest, then additional charges may be filed.
The bottom line is that State and Federal agencies can often coordinate with one another in order to share information, determine jurisdiction, and provide each other assistance in order to create distinct prosecutorial strategies.
This is also where a State investigation can blossom into a Federal one, should local, county, or state agencies uncover evidence they feel is relevant to Federal investigators.
What Should You Do If You’re Contacted By State and Federal Investigators
The first move you should make if you’re being investigated by State or Federal investigators or both is to secure an experienced criminal defense attorney who can provide you effective counsel during the investigation.
Your criminal defense attorney is there to:
- Help you understand why you’re being investigated
- Determine the breadth of the investigation
- Find out if State and Federal agencies are coordinating their investigations
- Coordinate any communication or sharing of information on your behalf
- Discover if you’ll be facing subpoenas, warrants, or criminal charges
Getting counsel as early as possible is critical to mounting an effective defense strategy. It’s important to find an attorney that has experience in both State and Federal cases, no matter if you’re a witness, a subject, or a target in this investigation.
At the Law Offices of Robert J. DeGroot, we’ll provide you a robust defense at both the State and Federal levels, helping you to identify the investigating agencies, create an appropriate communication strategy, respond to investigative demands, and above all, protect your constitutional rights.
To learn more about how we can turn our 50+ years of experience into an aggressive legal defense, contact us today for your free initial consultation.
