What Are The Differences Between Federal And State Crimes?

A federal crime is an offense that violates the United States federal legislation. For a crime to be considered federal, it must specifically run afoul of federal laws, summarily giving federal authorities jurisdiction over the crime. Some offenses are considered federal crimes when the criminal activity crosses state lines. Also, federal crimes may include offenses that may not have been considered so, if they did not take place against a federal employee, or on federal property.

Federal crimes are investigated by federal agencies, including the Federal Bureau of Investigation (F. B. I.), the Drug Enforcement Administration (D. E. A.), the Secret Service, the Internal Revenue Service, the U.S. Immigration and Customs Enforcement, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The following are a few examples of federal crimes:

• Aircraft hijacking
• Credit card fraud
• Bank robbery
• Animal cruelty
• Tax evasion
• Identity theft
• Possession of illegal weapons
• Bank robbery

State crimes are offenses that violate state legislation. Crimes that take place in Illinois and violate any part of the Illinois Compiled Statutes are considered state crimes, except the crime qualifies as federal crimes. Illinois state crimes fall under the jurisdiction of state authorities such as the county sheriffs, local police officers, and other local law enforcement agencies. Examples of state crimes include:

• · Assault
• · Battery
• · Robbery
• · Sexual battery
• · Homicide
• · Theft
• · Rape
• · Burglary
• · Arson

While many offenses fall under state or federal jurisdictions, there are instances where Illinois may share jurisdiction with federal authorities. This is described as concurrent jurisdiction, and a federal or a state court may hear the case. For example, if a person commits an offense against someone in Illinois, the court in the county of the offense may hear the case. However, where the crime was committed while the offender was acting on behalf of an entity located outside Illinois, the plaintiff may decide not to sue in Illinois.

How Does Illinois State Court System Differ From Federal Court System?

Federal Process: Federal agencies would only get involved with an investigation if it is a federal crime. The nature of the crime determines the agency in charge of an investigation. For example, the D. E. A. investigates drug crimes, except the crime also involved activities that fall under the jurisdiction of other agencies.

After the agency confirms that there was a crime, federal law enforcement officials (sometimes called special agents) may request an arrest warrant or arrest the suspect without a warrant, depending on the circumstances of the crime. If needed, these officials may also apply for a search warrant on a particular location or subpoena documents through a grand jury. If the grand jury is convinced, it will issue an official charge, called an indictment.

After an indictment, the accused person makes an initial appearance before a judge. This usually happens within 72 hours of the arrest. At the initial appearance, the accused person will be informed of the charges leveled. Depending on the crime and the circumstance, the accused person may not be released after the initial appearance.

The case then moves to the arraignment stage, where the defendant is given a rundown of the charges and asked to enter a plea in response. The defendant either pleads guilty or not guilty.

After the plea is the discovery and motion stage, discovery is the process through which either party may request for evidence from the other party. This could involve documents, interrogations, or depositions. A motion is an official filing from either party, requesting for a particular course of action. The prosecutor may file a motion for the defendant to give up more information. In contrast, the defendant may file a motion to dismiss the case.

In some cases, the defendant and the government may reach a plea bargain. This is an understanding between both parties, requiring the defendant to plead guilty in exchange for some compromise. The compromise might be for the prosecutor to recommend a reduced sentence or a dismissal of one or more of the charges. Note that the court is not mandated to accept the plea bargain, and may reject it.

If there is no plea bargain or the judge rejects it, the case goes to trial. At the trial, both sides put arguments forward to improve their chance of a favorable ruling. Mostly, the trial requires the presence of a jury. However, in some cases, the judge is the final authority, as is possible with a bench trial. At the end of the trial, the defendant is either pronounced guilty or not guilty. If guilty, the court may send the defendant to prison, community service, probation, or other sentences as the court deems fit. The defendant has a right to appeal the court’s ruling at a court of appeals. If that fails, the defendant may appeal to the U.S. Supreme Court. However, the Supreme Court reviews just a few cases a year. If the Supreme Court does not review the case or maintains the earlier judgment, the sentence becomes final.

State Process: Most cases begin with either a complaint filed with the police or a law enforcement officer witnessing a crime firsthand.

After the complaint, an investigation begins. A police detective from the Illinois State Police or the county sheriff’s office might be required to interview witnesses to the incident, peruse physical evidence, or do both. This generally requires pooling together as much evidence as possible. At the investigation stage, the state reviews the details and decides whether or not there is enough cause for a charge.

If the state decides that there is probable cause, suspects may be arrested if no arrests were made already. The prosecutors must also decide the specific charge to be brought against the accused person. If there is an earlier charge, it may be maintained, upgraded, or reduced.

After this, the accused person may be released. If released, the person is given a court date for a first hearing. Sometimes, the offender is held in police custody until the court case. In some cases, the offender is required to post a bond by judicial rule. People who cannot post bond may not be released.

At the pre-trial stage, the accused person will appear in court for an arraignment, usually within 20 days of the initial arrest. At the arraignment, the judge formally notifies the accused, of the answerable charges.

After the arraignment, the discovery stage sets in; this is where the prosecution and the defendant may review the information that may either prove or disprove the case. Sometime during this process, a judge will notify both sides of a court date.

For the trial phase, the accused may be allowed to choose whether or not a jury or bench trial is preferred. The bench trial is one where there is no jury, and the judge has the final say. During the trial, both sides will be given ample time to present their case with documents and any other arguments that may swing the ruling. After both sides have presented their cases, the jury—or the judge—makes a final ruling. As is available with the federal process, the defendant may also appeal the judgment.

How Many Federal Courts Are There In Illinois?

The state of Illinois has three federal courts. They include:

• The United States District Court for the Central District of Illinois
• The United States District Court for the Northern District of Illinois
• The United States District Court for the Southern District of Illinois

The United States District Court for the Central District of Illinois is a federal district court with jurisdiction over 46 Illinois counties. It has four courthouses in Rock Island, Urbana, Springfield, and Peoria. Listed below are the addresses and contact details of the district courts:

Rock Island

U.S. District Court

Rock Island Division

131 East 4th Street

Room 250

Davenport, IA 52801

Phone: (309) 793–5778

Fax: (309) 793–5878

Urbana

218 U.S. Courthouse

201 South Vine Street

Urbana, IL 64802

Phone: (217) 373–5830

Fax: (217) 373–5834

Springfield

151 U.S. Courthouse

600 East Monroe Street

Springfield, IL 62701

Phone: (217) 492–4020

Fax: (217) 492–4028

Peoria

305 U.S. Courthouse

100 North East Monroe Street

Peoria, IL 61602

Phone: (309) 671–7117

Fax: (309) 671–7120

The United States District Court for the Northern District of Illinois is a federal district court with jurisdiction over the state’s northern counties. This court is divided into two divisions, including the eastern and western divisions. Listed below are their addresses and contact details:

Eastern Division

Everett McKinley Dirksen United States Courthouse

219 South Dearborn Street

Chicago, IL 60604

Phone: (312) 435–5670

Western Division

Stanley J. Roszkowski United States Courthouse

327 South Church Street

Rockford, IL 61101

Phone: (815) 987–4354

The United States District Court for the Southern District of Illinois is a federal court with jurisdiction over 38 counties in the southern part of the state. The southern district court operates out of two locations. Listed below are the addresses and contact details:

Benton, Illinois

301 West Main Street

Benton, IL 62812

Phone: (618) 439–7760

East St. Louis, Illinois

750 Missouri Avenue

East St. Louis, IL 62201

Phone: (618) 482–9371

Are Federal Cases Public Records?

According to 44 U.S. C. Ch. 31 of the Federal Records Act, all federal agencies must create and maintain records to make sure information is properly curated and readily accessible. However, sealed or expunged cases are not made public.

How To Find Federal Court Records Online

Federal court records are available online, via the Federal Judiciary’s Public Access to Court Electronic Records (PACER) platform. The platform allows members of the general public to access case information from all federal courts. To obtain federal court records, register by filling the online PACER Registration Form. Select the United States of America from the Country menu, and Illinois from the State menu. Completing the registration process is free, but requires a credit card.

Once registration is complete, log in to the PACER Case Locator (P. C. L.) with the username and password. Access to the platform costs 10 cents per page, and a single document costs a maximum of $3, equal to 30 pages. However, all fees are waived if a user does not accrue more than $30 in a quarter.

PACER also allows access to specific court websites if the requestor knows the court that handles the case. To search for records from any of the Illinois federal courts, log in to the PACER pages for the Illinois Central District Court, Illinois Northern District Court, or the Illinois Southern District Court. Access costs 10 cents per page or $2.40 for each document with an audio attachment.

How To Find Federal Court Records In Illinois?

Obtaining physical copies of federal court records requires making applications to the individual courts. Complete the United States District Court Public Files Request form to request federal court records from the Illinois Northern District Court. Include a Case Number and indicate the type of file requested. Each search costs $31 per name, and each copy costs 50 cents per page. Certified copies cost $11, exemplified copies cost $22, and apostilles cost $47 per document. Audio recordings are also available at $31 per record. Visit in person or mail the request to:

Eastern Division

Everett McKinley Dirksen United States Courthouse

219 South Dearborn Street

Chicago, IL 60604

Phone: (312) 435–5670

Western Division

Stanley J. Roszkowski United States Courthouse

327 South Church Street

Rockford, IL 61101

Phone: (815) 987–4354

To access files from the Illinois Central District Court, complete the United States District Court Public Files Request. Each name search costs $31, and each copy costs 50 cents per page. Certified copies cost an additional $11. Visit in person or mail the request to:

Rock Island

U.S. District Court

Rock Island Division

131 East 4th Street

Room 250

Davenport, IA 52801

Urbana

218 U.S. Courthouse

201 South Vine Street

Urbana, IL 64802

Springfield

151 U.S. Courthouse

600 East Monroe Street

Springfield, IL 62701

Peoria

305 U.S. Courthouse

100 North East Monroe Street

Peoria, IL 61602

To access court files from the Illinois Southern District Court, complete the United States District Court Public Files Request. Visit in person or mail the request to:

Benton, Illinois

301 West Main Street

Benton, IL 62812

Phone: (618) 439–7760

East St. Louis, Illinois

750 Missouri Avenue

East St. Louis, IL 62201

Phone: (618) 482–9371

Copy fees may apply.

Can Federal Crimes Be Dismissed In Illinois?

Though the dismissal of federal cases rarely happens, the Federal Rules of Civil Procedure’s Dismissal of Actions (Rule 41) provides for them. According to the rule, the following are grounds for dismissal of federal crimes:

• By Plaintiff: The plaintiff may dismiss a federal case for different reasons, including if there is no longer any interest in pursuing the case.
• Involuntary Dismissal: This is when a case is dismissed because of a misdeed on the part of the plaintiff.

How Do I Clear My Federal Criminal Record?

Most of the time, it is impossible to seal or expunge a federal record. The United States has no general statute that allows the expungement of a federal criminal record. However, 18 U.S. C. 3607(c) allows for the expungement of minor drug offenses, even when the offender is found guilty.