Did you know that nearly 25% of people that go to jail end up returning or getting arrested again within the same year?
It’s common for people to break the law, but certain state and federal laws can put you in prison or leave you paying large amounts.
If you want to prevent yourself from having legal issues, you need to understand the difference between state and federal laws.
Continue reading if you want to compare federal law vs state law so that you can discover your rights and protection!
Foundation for Laws
One of the first things to examine for federal law vs state law is the foundation or origins of them.
Federal laws, for example, come from the United States Constitution. The constitution is the law of the land and goes through multiple government branches before getting passed. The US Congress ultimately decides which laws they want to pass and can also make amendments to existing laws in the constitution.
After both houses of Congress pass a bill, the president must sign it before becoming law.
The foundation of state laws is the state legislature and governor. Before state laws become effective, people in the state must vote and they will be applied to a specific region.
The purpose of state laws is to provide citizens with more rights that aren’t necessarily allowed at a federal level.
Types of Cases
If you look at the cases and laws at the federal and state levels, you will discover that they focus on different things.
Federal laws are often regarding immigration, civil right, and social security. State laws include allowance for purchasing marijuana (rec and medical), along with buying alcohol on Sundays. Driving laws vary in each state, which is why you must follow the signs when you travel.
Currently, a trending law involves abortion as states try to make it illegal. Fortunately, federal laws protect rights such as these to ensure citizens don’t lose their rights. Natural resources and land can vary throughout the state and nation, pay attention to the properties you are driving on.
If you broke federal law, make sure you search for a federal criminal lawyer near me, not a state. Although a lawyer will be helpful, you want to have the best person for the case.
Conflicts Between Federal & State Laws
When it comes to handling federal vs state laws, the federal ones will always get upheld.
A good example of this is the states that legalized marijuana use. At a federal level, however, marijuana is illegal and they can press charges on those laws. The state laws are typically respected, but in some cases, the government takes a bigger role in the case to get control of a problem.
Both laws apply to people that live in the state or those that are passing through. If you are traveling or moving to another state, it helps to review their most essential laws. State courts, however, take jurisdiction when dealing with real estate, welfare, and criminal laws.
Current Conflicting Laws
The most recent elections have involved issues on drug use, abortion, and eco-friendly initiatives.
Both the state and federal laws conflict as more states legalize the rights that people previously had. This is a conflict since states are loosening restrictions which can lead to an increase in federal crimes.
Although states typically go one way politically, there is still support from both sides on these conflicting issues. The government typically protects citizens’ rights to ensure that no one is being oppressed.
Comparing Prisons
A major difference between breaking federal and state laws is the prison you will end up in.
State prisons are typically more dangerous and less secure than federal prisons. The less violent cases get handled at the federal level. When dangerous laws are broken, the state typically carries out the sentencing.
The facilities are nearly identical for both types of prisons. Since state prisons have more dangerous criminals, they also hire more security to help maintain control. Keep in mind, however, that people in federal prison don’t have parole.
Enforcement
The type of enforcement that arrives when someone breaks a crime can signify a lot of info.
Police are typically the response team when state laws are broken. The country, state, and local police stations follow the local laws and only involve the government in certain cases. The police uphold laws regarding the health and safety of people in their state.
When the DEA, CIA, or FBI are involved, someone has likely broken federal law. Federal law gets enforced by larger agencies that have jurisdiction over the crime.
It’s common for the state and federal officers to work together on larger cases. Drug procession, robberies, and murder cases involve using all resources in the area. Sometimes people can even get prosecuted on both the federal and state level.
Can You Tell the Difference Between Federal Law vs State Law?
Comparing federal law vs state law can help you better understand your rights within each state and the nation.
Many people don’t understand what the laws are, and they get in trouble without even knowing what rules they broke. By paying attention to signs and researching laws when you travel, you can avoid legal issues and jail time.
Don’t forget that laws are continuously increasing and adapting. In many cases, you can influence which ones take effect in your community.
Make sure you read our blog for more information about how federal and state laws impact your life!
