Understanding the complex landscape of criminal law can feel overwhelming, especially when you’re facing charges in Missouri. One critical distinction that individuals often overlook is the difference between federal and state criminal charges. This distinction is more than just a matter of terminology—it determines how your case is prosecuted, which agency investigates it and the potential consequences of a conviction.
Missouri laws govern a wide range of offenses, but when certain crimes exceed state boundaries or involve federal interests, they fall under a different, often more severe judicial system. Understanding this difference is crucial, and I, Scott A. Hamblin, am here to help you make sense of it. Below, I’ll outline the key distinctions between state and federal charges so you can better understand the serious implications of each case.
At its core, the type of law a crime violates determines whether it will be handled at the state or federal level. State crimes are offenses that violate Missouri’s judicial code. These cases are prosecuted in county courts with oversight from local law enforcement agencies, such as police officers or county sheriffs. Crimes like DWI, theft and assault generally fall under Missouri’s state jurisdiction and are adjudicated within the state court system.
On the other hand, federal crimes involve violations of laws enacted by the U.S. government. These crimes often cross state lines, harm federal interests or involve specific criminal activity. For example, offenses like drug trafficking, wire fraud, tax evasion or child pornography are prosecuted under federal law. Federal cases are handled by agencies such as the FBI or DEA and are brought to court in federal district courts.
It’s also worth noting that there are cases where state and federal jurisdictions overlap. For instance, if a crime violates both state and federal laws, the individual may face charges in both systems under the Fifth Amendment’s “separate sovereigns” doctrine.
The process of investigating and prosecuting federal charges differs significantly from that of state charges, not only in scale but also in structure.
When facing a state charge in Missouri, the process starts with a formal complaint by the prosecutor. Local law enforcement then investigates, gathers evidence and makes an arrest. Your case may go to a preliminary hearing to determine probable cause. If found, you’ll attend an arraignment to enter a plea, and a trial date will be set.
Missouri’s courts include trial courts, appellate courts and a Supreme Court. At trial, a jury or judge reviews the evidence and delivers a verdict. If convicted, penalties may include probation, jail, fines or restitution, following Missouri statutes.
Federal cases start with investigations by agencies like the FBI or IRS, often lasting weeks, months or even years to build a strong case. After an arrest, defendants are informed of their rights and advised to get an attorney.
Many cases involve grand juries, where evidence is reviewed before charges are filed. If the grand jury finds enough evidence, an indictment is issued, and the case moves to federal court. Federal trials are overseen by judges appointed for life, with stricter sentencing guidelines. Penalties include significant prison time in federal facilities, large fines and supervised release.
Federal charges often carry harsher sentencing and involve a system less forgiving toward errors or missteps. On the other hand, state criminal laws come with their own set of complexities. Knowing which system you’re dealing with, and having a skilled attorney by your side, can make the difference between a favorable resolution and significant consequences for your future.
When you’re facing criminal charges in Missouri, time is of the essence, and so is the quality of your legal representation. Whether you’re dealing with state-level offenses or serious federal charges, I work tirelessly to protect your rights and pursue the best possible outcome for your case. With over two decades of experience as both a prosecutor and defense attorney, I am prepared to stand by your side every step of the way. Contact my firm today to schedule a consultation. Let’s face this challenge head-on, because your future is worth fighting for.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
Scott was knowledgeable and efficient, expertly guiding us through the process. He took the time to explain every step clearly and made sure we felt informed and confident in our decisions. Beyond his professionalism and attention to detail, Scott was also incredibly kind and personable, which made working with him a genuinely positive experience. His responsiveness and approachable demeanor helped put us at ease throughout. I would highly recommend Scott to anyone in need of legal services.
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but professional. He answers inquiries quickly and clearly. Highly recommend!
Mr. Hamblin is one of the best attorneys we have ever had the privilege to use. He is courteous and to the point. I would recommend him to anyone and we will continue to use his services.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers. He's highly professional, extremely knowledgeable, respectful and courteous, does his due diligence to understand and know his case, has excellent communication skills with his staff and client. His performance in the court room arena was exciting to watch. Dynamic! I knew when I walked into…
Scott Hamblin is the best lawyer that I have ever met. He really cares about his clients and does not sugar coat anything. He works very hard to help his clients, and knows the law very well, and he will work with you on your tab if he can. The staff there is very helpful too. I would recommend Scott and that law firm to anyone that needs a lawyer. They are the best. And you get what you pay for, so give them a call.
I am very pleased with Mr. Hamblin. I needed an attorney for my custody case and I did not know who to use. I found Mr. Hamblin on the internet. All the reviews I read and now my experiences with him and his team are spot on. I was being denied reasonable time with my daughter. Her mother attempted to continue to limit my time but Mr. Hamblin's hard work and dedication to my case resulted in equal custody of my daughter. I highly recommend Mr. Hamblin!
I was thoroughly impressed with Scott Hamblin and his team, Madasyn and Cameo, as they represented me in a very difficult case, involving multiple businesses and complexities. Scotts knowledge and expertise was invaluable. He and his team involved me every step of the way throughout the entire process. I was included in email correspondences, as well as, phone and video calls with witnesses and experts. What stood out, and set Scott and his team apart from my previous counsel, was their authenticity and genuineness. They truly cared about me as an individual and truly cared about my case Scott and…
Finding an attorney is not easy, and in my case I was in a child custody modification that was being dragged out and messy. This went on for a full 3.5 years. I had other representation at the time that I didn’t feel was doing what was best for me and my kids. I reached out to Scott after taking time to review others reviews and asking around in the community for a collective opinion. Scott is hands down the most honest, direct, family law attorney I could have asked for. If I had a question or needed advise him…
My divorce was with a difficult person, Mr.Hamblin handled every aspect of the divorce, professionally and quickly, his experience and knowledge was extremely helpful. thank you, Mr.Hamblin for your support.
Scott helped us with a very difficult situation with utmost professionalism and expertise. He was at all times very professional and considerate of our needs. He provided excelent advise.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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