What Are the Differences Between Federal and State Crimes?

A major difference between federal crimes and state crimes in the United States is the different prosecution procedures employed by both courts. Trials in federal courts are for crimes that fall under the federal jurisdiction while crimes that violate state’s statutes are tried in the state courts.

An offense is regarded as a federal crime if it violates United States federal laws. These crimes are usually investigated by federal law enforcement agencies like the FBI and IRS.

Federal crimes include:

• Drug trafficking
• Tax fraud
• Illegal Weapons dealing
• War crimes
• Espionage
• Illegal Immigration
• Embezzlement
• Postal mail fraud
• Perjury
• Counterfeiting currency
• Money Laundering

State crimes are offenses that occurred within the legal jurisdiction of the state. These crimes are handled and prosecuted by the state’s law enforcement agencies. Also, trials for state crimes are held in the state courts and overseen by state judges, as per the state laws.

Common state crimes include:

• Larceny
• Domestic violence
• Driving Under Influence
• Shoplifting
• Sexual assault
• Arson
• Kidnapping
• Murder
• Aggravated Assault

Some offenses, such as bank robbery, are crimes under both the state and federal jurisdiction. These crimes violate both state laws and federal laws. In situations like this, the federal court may review the verdict of a state court.

How Does Michigan State Court System Differ from the Federal Court System?

The federal court system and the Michigan state court system hold trials based on their different laws. While the prosecution process may be similar, some differences exist. The federal court judges are nominated by the president of the United States and appointed by the U.S Senate. These judges are employed in the federal justice system for life and may only be removed through impeachment. The federal court system has three levels:

• District Court
• Circuit Court
• Supreme Court of the United States

The Supreme Court is the highest court tasked with reviewing the verdicts of the U.S district courts and circuit courts.

In Michigan, the One Court of Justice System is practiced. This court system enables the judicial unit to function as a unit that comprises various courts. The local courts consist of trial courts such as the circuit courts, district/municipal courts, and probate courts. These courts handle felonies, misdemeanors, civil cases, family cases, and most cases. The Michigan Court of Appeal is the intermediate court and persons not satisfied with rulings by the local court may appeal such cases. The highest-ranked court in Michigan is the state’s Supreme Court headed by a chief justice. Unlike the federal court system, the state’s judges are elected and have tenure.

How Many Federal Courts are There in Michigan?

There are two federal courts in the state of Michigan:

1. United States District Court for the Western District of Michigan
2. United States District Court for the Eastern District of Michigan

The United States District Court for the Western District of Michigan is a federal district court located in the Michigan cities of Grand Rapids, Lansing, Kalamazoo, and Marquette.

These courthouses are located at:

399 Federal Bldg

110 Michigan St NW

Grand Rapids MI 49503

(616) 456–2381

113 Federal Bldg

315 W Allegan St

Lansing MI 48933

(517) 377–1559

107 Federal Bldg

410 W Michigan Ave

Kalamazoo MI 49007

(269) 337–5706

330 Federal Bldg

202 W Washington St

PO Box 698

Marquette MI 49855

(906) 226–2021

The United States District Court for the Eastern District of Michigan is a federal district court with locations in Detroit, Ann Arbor, Bay City, Flint, and Port Huron. These courthouses are located at:

Theodore Levin U.S. Courthouse

231 W. Lafayette Blvd.

Detroit, MI 48226

Federal Building

200 E. Liberty Street

Ann Arbor, MI 48104

United States Post Office Building

1000 Washington Ave.

Bay City, MI 48708

Federal Building and U.S Courthouse

600 Church Street

Flint, MI 48502

Federal Building and the United States Courthouse

526 Water Street

Port Huron, MI 48060

Are Federal Cases Public Records?

Federal court cases are regarded as public records and interested persons may inspect and copy such records. However, access to federal cases may have some limitations. The public’s access to a federal court record may be restricted to protect personal privacy and other sensitive information. For instance, criminal case records can be sealed if the disclosure may affect the court hearing unjustly.

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 that person resides in or was accused in.

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

How to Find Federal Courts Records Online

Federal court records in Michigan may be accessed with the Public Access to Court Electronic Records (PACER). Interested persons are required to create an account on PACER to retrieve records. Searches may be made by the specific court the proceedings are held or by national index to retrieve information on federal court cases. Information that can be obtained using the PACER system include:

• The names of all the parties involved in the case.
• Verdicts of cases.
• A registry of new cases daily.
• Court opinions.
• Dockets showing the case events.

A payment of 50 cents per page is charged for access to federal court cases while the cost to obtain a copy of a document is $3/page. More information on payments may be gotten from the fee schedule.

Alternatively, records of federal cases may also be obtained from the courts. All federal courts maintain physical custody of records handled within their jurisdiction.

How to Find Federal Court Records in Michigan?

Federal court records in Michigan may be obtained from the clerk’s office in the courthouse where the case occurred. The clerk acts as the custodian of such records and persons interested in copying and inspecting federal court records may contact the clerk’s office.

Requests of records for the eastern district courts of Michigan may be made in-person or via mail to the Clerk’s offices in Detroit, Bay City, and Flint:

Clerk’s Office

Theodore Levin U.S. Courthouse

231 W. Lafayette Blvd., Room 599

Detroit, MI 48226

Clerk’s Office

U.S. Post Office Building

1000 Washington Avenue, Second Floor

Bay City, MI 48708

Clerk’s Office

Federal Building and U.S. Courthouse

600 Church Street, Room 140

Flint, MI 48502

Charges for records requested may apply following the fee schedule. Federal courthouses in Ann Arbor and Port Huron are locations for holding court hearings, thus, they have no clerk’s office.

For records of the western district courts of Michigan, interested persons may visit the clerk’s office, at the location of the courthouse to ascertain if the record is accessible. If available, a request may be made in writing to the clerk’s office enclosed with any fees charged. Requests may be made to the clerk’s offices of the cities’ courthouses located at:

399 Federal Bldg

110 Michigan St NW

Grand Rapids MI 49503

(616) 456–2381

113 Federal Bldg

315 W Allegan St

Lansing MI 48933

(517) 377–1559

107 Federal Bldg

410 W Michigan Ave

Kalamazoo MI 49007

(269) 337–5706

330 Federal Bldg

202 W Washington St

PO Box 698

Marquette MI 49855

(906) 226–2021

Can Federal Crimes Be Dismissed in Michigan?

The dismissal of federal criminal charges means that all proceedings against a defendant are dropped by the court. Although this is rare, it may happen if the unnecessary delay in criminal prosecutions violates the rights of the defendant. Following federal law, all defendants have the right to a speedy trial and may make a motion to have their criminal charges dismissed if this right is violated.

How Do I Clear My Federal Criminal Record?

Federal criminal records may be expunged or sealed on certain criteria. The sealing or expungement of records closes an offender’s criminal records and removes it from the public’s access but may be made available on court orders. The expungement of criminal records means they will be deleted and non-existent. Some standards on which records may be cleared include:

• Adequate time have passed since the conclusion of the criminal case and verdict
• Offenses that the court assumes are not serious
• No prior criminal history
• Completion of a sentence, parole or probation

Under the U.S Code section 5038, criminal juvenile records may be undisclosed to the public’s access. However, records may be disclosed upon request from a court of law or agencies that may need it for court proceedings.

The U.S Code section 3607 allows expungement of records for persons younger than twenty-one years of age at the time of the Controlled Substance Act violation. Upon a petition from such persons, the court will order for the records to be expunged officially.

To clear a record, a petition must be filed to a federal court. Judges are charged with the responsibility of reviewing petitions and deciding if the person is eligible for expungement of records, following the law.