The Constitution of the United States delineates areas of jurisdiction within the nation, allotting certain obligations and rights to both the federal government and state governments. Jurisdiction involves a court’s power to hear and adjudicate cases. Under criminal law, the imposition of punishment is connected with the proper jurisdiction. If a court does not have jurisdiction, any convictions are sentences issued by that court are not enforceable.

Each of the 50 states has its own jurisdiction which cannot overlap the jurisdiction of another state. This is why the laws in each state often differ. In certain cases, conduct may fall under both state and federal jurisdiction.

What is federal jurisdiction?

The federal government has jurisdiction when a federal law has broken, or the Constitution has been violated. Examples of cases in federal jurisdiction include:

• A crime involves interstate commerce or the crossing of state lines (drug trafficking and kidnapping or two examples)
• A crime is committed on property or land owned on the federal government (i.e. military installations and national parks)
• A crime occurred in a foreign country, but its intent was to affect someone or something inside the United States

Federal courts also hear bankruptcy cases, because bankruptcy laws are federal laws.

When does a state have jurisdiction?

State courts hear cases involving the violation of state laws. State courts usually handle crimes committed inside a state’s borders or within 3 miles of its coastline. The exception to this is when the crime occurs on land owned by the federal government that is located within the state’s borders.

What happens if a crime breaks both state and federal laws?

A person can be tried by both a state court and a federal court. While this may seem like a violation of the 5^th Amendment clause prohibiting double jeopardy, it is not; because the laws are not exactly the same, and because both the states and the federal government act as sovereign units, a person can be tried for the “same” crime in the different courts.

The laws in Maryland and other states specify what type of court is to preside over certain types of cases. For instance, felony or misdemeanor cases may each be handled by different courts.

What about police jurisdiction?

Federal, state, and local law enforcement officers generally have legal authority to make arrests within their own jurisdiction, though exceptions do apply. For example:

• Off-duty officers who happened to be outside of their area of jurisdiction are often allowed to make a citizen’s arrest if they happen to witness a crime.
• Officers in one jurisdiction who are in an active pursuit of a suspect who is evading arrest and fleeing into another jurisdiction are often exempted from the general rule of territorial jurisdiction. This recognized exception is often followed in order to prevent suspected criminals from getting away with crimes.

FBI agents and other federal officers can arrest individuals for federal law offenses in any state of the nation. Police officers that operate out of counties, cities, and municipalities are usually restricted to arresting suspects within those regions of their jurisdiction. State police, on the other hand, operate in a jurisdiction that usually covers the entire state.

Unless states make agreements otherwise, officers from one state are typically not authorized to conduct routine arrests in other states, though some state law enforcement agencies will work together, or in conjunction with federal agencies, on specific cases. State governments often allow counties, cities, and municipalities within those states to make agreements with each other regarding the extent to which law enforcement officials may operate in other jurisdictions.

Experienced criminal defense lawyer Joseph Carey is the strong advocate you need if you are facing criminal charges of any sort. He has the team and resources to produce a vigorous defense on your behalf to achieve the best possible outcome in your case. Carey Law Office maintains offices in Crofton and Bowie. To schedule a consultation, give us a call today at 301.464.2500 or use our contact form to leave us a message.