Thursday, May 13, 2010

In an identity theft case, How much money is stolen before it becomes federal?

I need to find out when Identity theft becomes a US Federal Crime.In an identity theft case, How much money is stolen before it becomes federal?
It already is a federal crime.In an identity theft case, How much money is stolen before it becomes federal?
There is no dollar amount involved to make it federal. Instead, it is the use of federally insured banks, use of interstate electronic systems, use of a social security number, and such
Transferring a stolen pin number or other protection method (passwords, etc) across state lines makes it a federal crime even without any money being taken.

Can a defendant's attorney take a case from circuit court under state law and bring it to Federal Court?

In a civil suit, if the claim or a counterclaim is based on federal law.Can a defendant's attorney take a case from circuit court under state law and bring it to Federal Court?
Not a criminal defendant, but a civil defendant can but not as a matter of right, but only if a federal question is involved. Diversity jurisdiction doesn't entitle a state civil litigant to remove the case without a federal question.Can a defendant's attorney take a case from circuit court under state law and bring it to Federal Court?
Yes, under diversity jurisdiction. That is: if all parties reside in different states and the matter in controversy exceeds $75k.
If it falls under Federal law, yes.

I think that most cases are tried in (state or federal) courts because...?

please and thanks!I think that most cases are tried in (state or federal) courts because...?
each case qualifies for one or the other or sometimes both depending on the charges.*

I am a federal employee and I'm getting screwed in a disability discrimination case. What can i do?

I've worked for the Dept of Defense 7 years. I recently filed an EEO complaint and ever since I've received numerous disiplinary actions and endless retaliation. I'm going insane and on the verge of losing my pension. What can I do? It's me against the US Federal Government! I can't afford an attorney and I'm having a hard time finding an attorney that will work on a contingency. Any advice would be greatly appreciated!I am a federal employee and I'm getting screwed in a disability discrimination case. What can i do?
ACLU should take care of that...contact them and your city attorney..I am a federal employee and I'm getting screwed in a disability discrimination case. What can i do?
call cnn. they love badmouthing the gov.


im sure this question is being monitored...be careful man!!


thanks for all your hard work anyways!!

How does a plaintiff decide between a State or Federal court for his/her case?

The differences between State and Federal criminal cases are not obvious. For example, bank robbery is Federal and drunk driving is State. However, if you get pulled over for drunk driving while on Federal property, it would be a Federal case as opposed to a State case.





Many narcotics cases can also be charged either by State or Federal authorities. For example, if the narcotics are bought and sold in the same state, the case is typically charged by the State. However, if narcotics are bought in one state and sold in another state, this is considered a conspiracy to transport and thus charged as a Federal case.





In most cases, the individual who is arrested will know where their case will be prosecuted. If they are arrested by federal authorities and taken to a federal detention center, the likelihood is that the case will be in federal court. If they are arrested by a local police department and taken to a city or county jail, they will most likely be prosecuted by the state.





Cases Usually Prosecuted in the State Courts:





Murder


Rape / Child molestation


Possession of controlled substances / Under the Influence


Domestic violence / Assault %26amp; battery


Robbery / Grand Theft / Shoplifting


Most misdemeanors





Cases Usually Prosecuted in the Federal Courts:





Smuggling controlled substances


Large quantity narcotic conspiracy cases


Bank robbery and bank fraud


Mail fraud / Theft from the mail


Bribery of public officials


Crimes committed on federal land


Crimes committed in one state with flight to anotherHow does a plaintiff decide between a State or Federal court for his/her case?
It's not up to the plaintiff, it's a matter of jurisdiction -- if the matter covers involves the laws of more than one state or has other subject matter jurisdiction, then it would be federal. Generally, if you're suing someone, i.e., you're the plaintiff, then you would be in state and county court.

If a case is dismissed and expunged at the state level would it be removed at the federal level?

I case was dismissed (non-conviction) and it was formally dismissed in a county in Ohio. This was 4 years ago, I requested an FBI background check and it's still showing up. Because the case was sealed/expunged wouldn't this be removed from an FBI check?If a case is dismissed and expunged at the state level would it be removed at the federal level?
The FBI records arrests. The state court can order its own records sealed, in sometimes can order the local sheriff or police to seal their own records, but if the FBI learned of the arrest in the ordinary course before the records were sealed, the state court has no authority to order the FBI to remove truthful information from its files or from its collective memory.If a case is dismissed and expunged at the state level would it be removed at the federal level?
Nope, the FBI isn't subject to orders from a state court.
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  • Where can i find a lawyer in Los Angeles to help me with a Federal Workman's Comp. case?

    I'm having trouble finding a lawyer to take on my Federal Workman's Comp. case, i need a lawyer who'll take the case and get paid after the case is won. I can't afford the $4,000.00 fee they want up front!Where can i find a lawyer in Los Angeles to help me with a Federal Workman's Comp. case?
    check www.nolo.com or www.findlaw.com