Who prosecutes federal crimes?

Asked by: Ms. Mittie Considine MD  |  Last update: January 12, 2026
Score: 4.4/5 (49 votes)

At the beginning of a federal criminal case, the principal actors are the U.S. Attorney (the prosecutor) and the grand jury. The U.S. Attorney represents the United States in most court proceedings, including all criminal prosecutions.

Who is responsible for prosecuting federal crimes?

Who Is Responsible For Federal Crimes Prosecution? Federal crimes are prosecuted by the U.S. Attorney's Office. Each state has at least one U.S. Attorney's Office.

How are federal crimes prosecuted?

Federal crimes are typically investigated by Federal law enforcement agencies such as the Federal Bureau of Investigation (“F.B.I.”), the Bureau of Alcohol, Tobacco and Firearms (“A.T.F.”) or the Internal Revenue Service (“I.R.S.”) and are prosecuted by the United States Attorney's Office.

Which department prosecutes federal crimes?

For more than 100 years, the Criminal Division has developed, enforced, and supervised the application of federal criminal laws not specifically assigned to other components, often in partnership with the 93 U.S. Attorney's Offices.

Who enforces federal crimes?

The Federal Bureau of Investigation (FBI) enforces federal law, and investigates a variety of criminal activity including terrorism, cybercrime, white collar crimes, public corruption, civil rights violations, and other major crimes.

Who investigates and prosecutes federal crimes?

16 related questions found

Is FBI higher than police?

If a crime is committed that is a violation of local, state, and federal laws, does the FBI “take over” the investigation? No. State and local law enforcement agencies are not subordinate to the FBI, and the FBI does not supervise or take over their investigations.

Who has jurisdiction over federal crimes?

Federal courts therefore have the exclusive authority, known as “subject matter jurisdiction,” to consider criminal cases involving these matters, which might include fraud offenses relating to bankruptcy, mail fraud using the U.S. Mail, criminal immigration cases, and money counterfeiting.

What is the most common federal crime?

Let's look at some of the most common offenses that get prosecuted at the federal level.
  • Drug Trafficking (21 U.S.C. § 841) ...
  • Tax Evasion (26 U.S.C. § 7201) ...
  • Human Trafficking (18 U.S.C. § 1581, et al.) ...
  • Immigration Violations (8 U.S.C. § 1321 et al.) ...
  • Counterfeiting (18 U.S.C. § 471, § 472) ...
  • Cybercrime (18 U.S.C. § 1030)

Who has power over the doj?

The department is headed by the U.S. attorney general, who reports directly to the president of the United States and is a member of the president's Cabinet. Merrick Garland has served as attorney general since March 2021 to 2025. The acting attorney general is James McHenry.

Who has authority over the FBI?

Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI's intelligence activities are overseen by the Director of National Intelligence.

Can a state prosecutor charge a federal crime?

Direct crimes against the government are a direct assault act towards the government. So only the FBI handles the prosecution as they are never charged in a state court.

Are federal crimes worse than state crimes?

In general, federal penalties are more severe than state penalties, even for comparable crimes. For example, mandatory minimum sentences for some federal drug crimes can be extremely severe.

How do you get charged with a federal crime?

If a crime is brought to the attention of federal authorities, whether by a victim of the crime or a witness to it (e.g., a bank robbery), a federal law enforcement agency will undertake an investigation to determine whether a federal offense was committed and, if so, who committed it.

Why is the federal conviction rate so high?

Currently federal prosecutors tout above a 95% conviction rate. This is primarily due to the fact that most cases never make it to trial. Most defendants end up taking a plea bargain rather then risk a potentially much greater prison sentence which could be dealt them if they actual went to trial and lost.

Who judges federal crimes?

District judges serve in 91 U.S. district courts across the country. They handle civil and criminal cases.

Is the dea part of the FBI?

The FBI is a primary law enforcement agency for the U.S. government, charged with enforcement of more than 200 categories of federal laws. The DEA is a single-mission agency charged with enforcing drug laws. The ATF primarily enforces federal firearms statutes and investigates arsons and bombings.

How powerful is the DOJ?

It is represented in the cabinet by the Attorney General, the country's lead law enforcement officer and adviser to the President on matters relating to justice. The DOJ is charged with protecting U.S. citizens from internal and external threats and encompasses enforcement of criminal and terrorism laws.

What branch is the FBI under?

The FBI is an intelligence-driven and threat-focused national security organization with both intelligence and law enforcement responsibilities. It is the principal investigative arm of the U.S. Department of Justice and a full member of the U.S. Intelligence Community.

What is the biggest Organised crime in the world?

The Italian mafia is often thought of as being the archetype for organized crime worldwide.

Is treason a federal crime?

Treason is a federal crime in the United States, as stated in Title 18 U.S. Code § 2381. It is defined as "levying war against the United States, or adhering to their enemies, giving them aid and comfort." While rarely charged, there have been only 40 cases prosecuted in the history of the United States.

Do states prosecute federal crimes?

Federal Law Enforcement: Federal agencies, including the FBI, DEA, ATF, and Secret Service, investigate federal crimes. These agencies have the authority to operate across state lines and often collaborate with state and local law enforcement to investigate and prosecute federal offenses.

Why is it difficult to take a case to the Supreme Court?

The exceedingly small number of cases heard by the Supreme Court usually includes only those that “could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.”2 Getting a case heard by the Supreme Court of the United States (or SCOTUS) ...

What is the highest court in the United States?

Court Role and Structure
  • Supreme Court. The U.S. Supreme Court is the highest court in the United States. ...
  • Courts of Appeals. There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called U.S. courts of appeals. ...
  • District Courts. ...
  • Bankruptcy Courts. ...
  • Article I Courts.