What Are The Differences Between Federal And State Crimes?

A fundamental disparity between federal crimes and Maryland state crimes in the United States is the government authorities handling them. Although processes are similar, state and federal government courts are entirely separate in their legal framework. Federal crimes are generally violations that involve national agencies such as:

• Federal Bureau of Investigation
• Bureau of Alcohol, Tobacco, Firearms, and Explosives
• Internal Revenue Service
• Immigration and Customs Enforcement
• United States, Secret Service
• Securities and Exchange Commission
• Drug Enforcement Administration

These national agencies carefully consider the case, charge the persons involved, and enter a criminal justice proceeding. When a crime involves multiple states and authorities, and the state’s law enforcement agencies cannot handle it, the federal authorities file the case for the prosecution. Some of the federal crimes known to have occurred include:

• Financial crimes such as fraud
• Postal scams
• Illegal handling of controlled substances
• Illegalities regarding immigration and residence
• Professional crimes
• Illicit dealing with weapons
• Administrative crimes
• Computer/internet crimes
• Cash notes forgery
• Espionage
• Bank theft
• Any crime occurring on federal government property

State crimes entail criminal violations that are committed within the confines of a state. Local and state-owned law enforcement agencies handle such cases. In other words, state crimes comprise all criminal offenses committed within a state. Common state crimes include:

• Aggravated assault
• Robbery
• rapes
• Larcenies
• Burglaries
• Arson
• Theft
• Threatening behavior
• Kidnapping

How Does the Maryland Court System Differ From the Federal Court System?

The Federal Criminal Justice system and The Maryland Criminal Justice system have fundamental similarities. Federal regulations regarding crime are universal for every state. The Maryland penal code adopts a majority or federal laws and regulations besides the local ordinances and state laws to meet the state’s peculiarities. Judges in federal courts are elected by the president and have received a recommendation from the senate. These judges usually serve longer terms than state judges. In Maryland, judges are selected either in nonpartisan elections or retention elections.

Additionally, the prosecuting counsel’s representative in federal courts is the assistant Attorney General of the Federation. On the other hand, the foreman of the prosecuting counsel in state Court is a District attorney of the district where the crime was committed. While there are the three basic tiers of federal courts, Maryland has four levels of Court jurisdiction. The highest court of jurisdiction in Maryland is a Court of Appeals followed by the Court of Special Appeals. The trial Court includes the Circuit Court and District Court. The Circuit Court has higher jurisdiction over criminal cases while the District Court has limited authority.

How many Federal Courts Are There In Maryland?

One District Court is serving the entire district of Maryland at 3 Court locations:

Northern Division 1
101 West Lombard Street
Baltimore, MD 21201

The Baltimore Courthouse serves the following counties: Ann Arundel, Baltimore City, Baltimore County, Caroline, Carrol, Dorchester, Harford, Howard, Kent, Queen Annes, Somerset, Talbot, Wicomico, and Worcester:

Northern Division 2
129 E. Main Street, Rm. 104
Salisbury, MD 21803
Phone: (410) 962–2600 or (410) 962–3339

Southern division
6500 Cherrywood Lane
Greenbelt, MD 20770
Phone: (301) 344–0660

The Greenbelt Division serves Alleghany, Calvert, Charles, Frederick, Garret, Montgomery, Prince Georges, St Marys, and Washington Counties. The District Court Clerk’s office is open for business between 9:00 a.m. to 4:00 p.m, Monday through Friday. Call (301) 344–0660 (Main), (301) 344–3104 or (410) 962–3339 to make inquiries.

Are Federal Cases Public Records?

The Freedom of Information Law of the U.S. allows anyone interested in inspecting or copying records of public proceedings generated by the government agencies. For the most part, many federal cases are public records in keeping with the judiciary system’s commitment to transparency to the public. However, the Freedom of Information grants the federal judiciary the right to determine which records should be available for public inspection. In general, any information about the safety of the individuals involved or national security where it is more substantial than public interest. Such information is kept from public disclosure. some of this information include

• Pending investigation processes of a federal crime
• Unofficial information between state or international agencies that are useful for the criminal justice process
• Financial report of involved agencies or parties such as trade secrets
• Information about the criminal case as rendered by persons whose official status is still pending
• Any information that can impair the process of a fair trial to any one of the parties involved
• Information concerning national security and international intelligence where the status of the Informant is not yet official.

Therefore in federal court cases, The supreme court judge on discretion decides which country code or case information should be kept within the public purview or restricted from access.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where that person resides or was accused.

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

Step by step instructions to Find Federal Court Records Online

The Public Access to Court Electronic Records( PACER) has made it possible for anyone interested to access federal court records remotely. The basic requirements for this success are a computer device and an internet connection. Although not online, interested parties can access electronic copies Of Records by using the public self-service terminals available at the federal District Courthouses. Viewing is free while making copies will attract printing charges. The public access to electronic court records is a subscription-based service of quarterly payments. Parties can begin to use this service by setting up a user account. Follow the instructions on the FAQ section of the Federal District Court website of Maryland. Subscription fees will apply. All electronic searches will require the following necessary information:

• the name of the involved party or agency
• the date the case was filed or tried with the court
• The case file number or docket ID
• The District Courthouse location where the case was filed and heard

The PACER database is updated every 24 hours. Individuals have access to the records of the Federal District court of interest and court records nationwide. Fees are charged based on the number of search results that are returned. Certified copies of federal court records cannot be obtained through electronic access. To get a federal record certified, visit the Clerk of District Court office where the case was filed and request certification. The kind of information accessible at the electronic portal includes:

• the names of involved parties and attorneys in the case
• the nature of the case and the court sentence
• Docket information of the case
• Daily updates on the case
• Court dispositions and judgments
• Posting of new cases every day
• Appeal documents regarding the case if any

Although most federal courts maintain electronic copies of records, case information regarding records before 2005 may not be available electronically. Before signing up to use the electronic database, confirm that the court of interest has the specified record uploaded in electronic form.

How To Find Federal Court Records In Maryland?

Federal District Courthouses in Maryland have each a records department where federal court records tried within the facility are primarily kept. Older records may be available only in microfiche form. Generally, a visual inspection of these records can be conducted for free provided the process does not interfere with the business’s smooth running within the court. Visit the District Court clerk’s office to make a request, either in person or writing. Include a daytime phone number in the application so that feedback on the copying cost can be relayed over the phone. When the request is complete, payment is mandatory before it is handed over. Some copies of Records are available at the National Archives and Records Administration Office.

To request a copy of a record from there, submit a completed archives record request. Alternatively, place a direct order to the National Archives and Records Administration Office. Be sure to make inquiries from the clerk’s office staff when making a direct order. Parties can obtain copies of Records at the Federal Records Centers at the clerk’s office through a Smart Scan process. The Smart Scan process allows paper records to be converted to pdf and transmitted digitally to the clerk’s office via an email. Persons who wish to use this method must be very clear about the record requested to avoid errors. The required payments must be made to receive a scanned copy. Use the fee schedule to determine the fees of copies and document certifications. Note that the smart can service is limited to a maximum of 100 pages. All requests for transcripts and electronic recordings of court proceedings must contain the case name, case number date of proceedings, and the presiding judge’s name. An estimate of costs will be fed back to requesters within two business days of submitting a written request. Alternatively, contact the court reporter for that proceeding either by phone or email. CD format of electronic transcripts can be requested by sending a request to the clerk’s office, and a payment of $31 check or money order made payable to Clerk us District Court. Allow for one business day for processing.keep in mind that not all documents may be available for public access. Therefore to obtain confidential records, have ready a court order, a copy attached to the request for that record.

Can Federal Crimes be Dismissed?

There are complexities associated with dismissing a federal criminal case. Federal personnel’s level of involvement and the laborious process of national criminal justice make it challenging to get a federal crime dismissed. Some examples of a federal criminal case being dismissed are when:

• The prosecuting counsel makes a breach of the process. Any pretrial activities of the prosecuting counsel that are tantamount to violating the defendant’s rights can nullify a federal criminal case. A classic example is collecting evidence by ransacking the defendant’s apartments without a search warrant.
• The defending counsel was able to convince the jury that the case lacks merit. A critical step in federal crimes’ criminal justice process is presenting the case before a jury to obtain probable cause for trial. if at this level the jury is convinced that the situation is void of merit the case can be dismissed
• The defendant filed a plea bargain-a plea bargain means that the defendant is willing to submit to legal obligations so that the court will drop the charges or lessen the penalty. If the prosecuting counsel decides to settle the case, then it is said to be dismissed.

A dismissal can be reversed under the following circumstances:

• The case was found to have probable cause for trial after all
• The defendant absconded from legal obligations after the plea bargain was granted.

How do I clear my Federal Criminal Record?

In Maryland, criminal records can be cleared by sealing or expungement.

Sealing a record means that the case information contents are rendered invisible to just any public member. It also means that the record will be available only to a few eligible persons unless there is a court order to unseal the documents.

On the other hand, to expunge a record is to obliterate the information contained in that record from the legal system. It also means that the involved party is relieved of any responsibility to that record and has a right to deny ever having that case to answer with the District Court. It is not common to have criminal records of federal cases removed from the legal system. However, a few occasions warrant the removal of a criminal record from the national legal system:

• If the case was dismissed or the conviction was overturned in court
• Suppose it is a drug case by a juvenile under the first offender act. The first offender act allows juvenile first offenders to have their record expunged from 21 years old.
• If there is a pardon from the federal government

Removing a criminal record from public access is a process that is supervised by the attorney general of the Federation. Submit a request to clear the record through the District Court judge with current jurisdiction to the attorney general. Cases that were dismissed or overturned often receive an immediate removal process. However, it takes about three years to remove the criminal record for other cases because the attorney general uses the time frame to monitor the defendant to ascertain that the defendant’s legal requirements have been fulfilled. Such legal requirements may involve Court supervision or obtaining a certificate of administration.